Commission Delegated Regulation (EU) No 664/2014
of 18 December 2013
supplementing Regulation (EU) No 1151/2012 of the European Parliament and of the Council with regard to the establishment of the Union symbols for protected designations of origin, protected geographical indications and traditional specialities guaranteed and with regard to certain rules on sourcing, certain procedural rules and certain additional transitional rules
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to 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(1), and in particular the first and second subparagraphs of Article 5(4), the first subparagraph of Article 12(7), Article 16(2), the first subparagraph of Article 19(2), the first subparagraph of Article 23(4), Article 25(3), the first subparagraph of 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) thereof,
Whereas:
(1)Regulation (EU) No 1151/2012 has repealed and replaced Council Regulations (EC) No 509/2006 of 20 March 2006 on agricultural products and foodstuffs as traditional specialities guaranteed(2) and (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs(3). Regulation (EU) No 1151/2012 empowers the Commission to adopt delegated and implementing acts. In order to ensure the smooth functioning of the quality schemes for agricultural products and foodstuffs in the new legal framework, certain rules have to be adopted by means of such acts. The new rules should replace the implementing rules of Regulations (EC) No 509/2006 and (EC) No 510/2006 which were laid down in Commission Regulations (EC) No 1898/2006 of 14 December 2006 laying down detailed rules of implementation of Council Regulation (EC) No 510/2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs(4) and (EC) No 1216/2007 of 18 October 2007 laying down detailed rules for the implementation of Council Regulation (EC) No 509/2006 on agricultural products and foodstuffs as traditional specialities guaranteed(5), respectively.
(2)In order to take into account the specific character, and in particular the physical and material constraints, of the production of products of animal origin the name of which is registered as a protected designation of origin, derogations with regard to the sourcing of feed should be allowed in the product specification of such products. Those derogations should in no way affect the link between the geographical environment and the specific quality or characteristics of the product essentially or exclusively due to that environment.
(3)In order to take into account the specific character of certain products, restrictions with regard to the sourcing of raw materials for protected geographical indications should be allowed in the product specification of such products. Those restrictions should be justified in the light of objective criteria that are in line with the general principles of the scheme of protected geographical indications and that further improve the consistency of the products with the aims of the scheme.
(4)In order to ensure that the appropriate information is communicated to the consumer, the Union symbols designed to publicise protected designations of origin, protected geographical indications and traditional specialities guaranteed should be established.
(5)In order to ensure that product specifications for traditional specialities guaranteed only provide relevant and succinct information and to avoid excessively voluminous applications for registration or applications for approval of an amendment to a product specification of a traditional speciality guaranteed, a limit to the length of product specifications should be laid down.
(6)In order to facilitate the application process, additional rules on national opposition procedures in case of joint applications concerning more than one national territory should be laid down. Since the right to oppose should be guaranteed on the whole Union territory, the obligation to carry out national opposition procedures in all Member States concerned by the joint applications should be provided for.
(7)In order to have clear steps in the opposition procedure, it is necessary to specify the procedural obligations of the applicant in case the appropriate consultations following the lodging of a reasoned statement of opposition result in an agreement.
(8)In order to facilitate the handling of applications for an amendment to a product specification, complementing rules concerning the scrutiny of the amendment applications and concerning the submission and assessment of minor amendments should be laid down. Because of their emergency nature, temporary amendments should be exempted from the standard procedure and should not be subject to formal approval by the Commission. However, the Commission should be kept fully informed about the content and the justifications of such amendments.
(9)In order to ensure that all parties have the opportunity to defend their rights and legitimate interests, complementing rules regarding the cancellation process should be laid down. The cancellation process should be aligned to the standard procedure for registration laid down in Articles 49 to 52 of Regulation (EU) No 1151/2012. It should also be clarified that Member States are among the legal persons that may have a legitimate interest in submitting a request for cancellation under the first subparagraph of Article 54(1) of that Regulation.
(10)In order to protect the legitimate interests of producers or stakeholders concerned, it should still be possible that single documents concerning protected designations of origin and protected geographical indications registered prior to 31 March 2006 and for which a single document has not been published, are published upon request of the Member States concerned.
(11)Article 12(3) and the first subparagraph of Article 23(3) of Regulation (EU) No 1151/2012 provide that for products originating in the Union that are marketed under a protected designation of origin, a protected geographical indication or a traditional speciality guaranteed, the Union symbols associated with those products have to appear on the labelling and that the relevant indications or abbreviations may appear on the labelling. The second subparagraph of Article 23(3) provides that the symbol is optional on the labelling of traditional specialities guaranteed produced outside the Union. Those provisions will only be applicable from 4 January 2016. However, Regulations (EC) No 509/2006 and (EC) No 510/2006, which were repealed by Regulation (EU) No 1151/2012, provided for the obligation to place on the labelling of products originating in the Union either the symbol or the complete indication and gave the option to use the indication ‘traditional speciality guaranteed’ on the labelling of traditional specialities guaranteed produced outside the Union. For the sake of continuity between the two repealed Regulations and Regulation (EU) No 1151/2012, the obligation of placing on the labelling of products originating in the Union either the Union symbols or the respective indication and the option to use the indication ‘traditional speciality guaranteed’ on the labelling of traditional specialities guaranteed produced outside the Union should be considered as implicitly set out by Regulation (EU) No 1151/2012 and already applicable. In order to ensure legal certainty and to protect the rights and the legitimate interests of producers or stakeholders concerned, the conditions of use of symbols and indications on the labelling as laid down in Regulations (EC) No 509/2006 and (EC) No 510/2006 should continue to be applied until 3 January 2016.
(12)For the sake of clarity and legal certainty, Regulations (EC) No 1898/2006 and (EC) No 1216/2007 should be repealed,
HAS ADOPTED THIS REGULATION:
Article A1Definition of ‘third country’
In this Regulation ‘third country’ means any country, other than the United Kingdom, and includes:
(a)the Bailiwick of Guernsey;
(b)the Bailiwick of Jersey;
(c)the Isle of Man.
Article 1Specific rules on sourcing of feed and of raw materials
1.For the purposes of Article 5 of Regulation (EU) No 1151/2012, feed shall be sourced entirely from within the defined geographical area in respect of products of animal origin the name of which is registered as a protected designation of origin.
Insofar as sourcing entirely from within the defined geographical area is not technically practicable, feed sourced from outside that area can be added, provided that the product quality or characteristic essentially due to the geographical environment are not affected. Feed sourced from outside the defined geographical area shall in no case exceed 50 % of dry matter on annual basis.
2.Any restrictions to the origin of raw materials provided in the product specification of a product the name of which is registered as a protected geographical indication shall be justified in relation to the link referred to in point (f)(ii) of Article 7(1) of Regulation (EU) No 1151/2012.
Article 2Article 2 Symbols
The ... symbols referred to in Articles 12(2) and 23(2) of Regulation (EU) No 1151/2012 are established as laid down in the Annex to this Regulation.
In Part A of the table in the Annex:
(a)the symbol which is designed to publicise protected designations of origin for products marketed under that designation is established as it appears in the first column of that table;
(b)the symbol which is designed to publicise protected geographical indications for products marketed under that designation is established as it appears in the second column of that table;
(c)the symbol which is designed to publicise traditional specialities guaranteed for products marketed under that designation is established as it appears in the third column of that table.
In Part B of the table in the Annex, each of the symbols which appears in Part A of that table is set out in the corresponding form in which it may be reproduced in black and white.
Article 3Limitation of product specifications for traditional specialities guaranteed
The product specification referred to in Article 19 of Regulation (EU) No 1151/2012 shall be concise and shall not exceed 5 000 words, except in duly justified cases.
Article 4National opposition procedures for joint applications
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Article 5Notification obligation concerning agreement in opposition procedure
In the case of an application to which Article 49(5) of Regulation (EU) No 1151/2012 applies, when the interested parties reach an agreement following the consultations referred to in Article 51(3) of Regulation (EU) No 1151/2012, the authorities ... of the third country from which the application was lodged shall notify the Secretary of State of all the factors which enabled that agreement to be reached, including the opinions of the applicant and of the authorities ... of a third country or other natural and legal persons having lodged an opposition.
Article 6Amendments to a product specification
1.The application for an amendment to a product specification as referred to in Article 53(1) of Regulation (EU) No 1151/2012 which is not minor shall contain an exhaustive description and the specific reasons for each amendment. The description shall compare in detail, for each amendment, the original product specification and, where relevant, the original single document with the amended version proposed.
That application shall be self-sufficient. It shall contain all amendments to the product specification and, where relevant, to the single document for which approval is sought.
An application for an amendment which is not minor that does not comply with the first and the second subparagraphs shall not be admissible. The Secretary of State shall inform the applicant if the application is deemed inadmissible.
The approval by the Secretary of State of an application for an amendment to a product specification which is not minor shall only cover the amendments as included in the application itself.
2.Applications for a minor amendment to a product specification concerning protected designations of origin or protected geographical indications shall be submitted to the Secretary of State . Applications for a minor amendment of a product specification concerning traditional specialities guaranteed shall be submitted to the Secretary of State . If the application for a minor amendment of a product specification concerning products originating in the United Kingdom does not come from the group which had submitted the application for registration of the name or names the product specification refers to, the Secretary of State shall give that group the opportunity to make comments on the application if that group still exists. Applications for a minor amendment to a product specification concerning products originating in the United Kingdom must be submitted by a group having a legitimate interest. Applications for a minor amendment to a product specification concerning products originating in third countries may be submitted by a group having a legitimate interest either directly to the Secretary of State or via the authorities of that third country.
The application for a minor amendment shall only propose minor amendments in the meaning of Article 53(2) of Regulation (EU) No 1151/2012. It shall describe those minor amendments, provide a summary of the reason an amendment is required and show that the proposed amendments qualify as minor in accordance with Article 53(2) of Regulation (EU) No 1151/2012. It shall compare, for each amendment, the original product specification and, where relevant, the original single document with the amended version proposed. The application shall be self-sufficient and shall contain all amendments to the product specification and, where relevant, to the single document for which approval is sought.
Minor amendments referred to in the second subparagraph of Article 53(2) of Regulation (EU) No 1151/2012 shall be deemed approved if the Secretary of State does not inform the applicant otherwise within three months from the reception of the application.
An application for a minor amendment that does not comply with the second subparagraph of this paragraph shall not be admissible. Tacit approval referred to in the third subparagraph of this paragraph shall not apply to such applications. The Secretary of State shall inform the applicant if the application is deemed inadmissible within three months from the reception of the application.
After making a decision in relation to an application under this paragraph, the Secretary of State must publish in such manner as appears appropriate to the Secretary of State:
(a)a notice:
(i)informing the applicant and the public of the decision made under this paragraph in relation to the application and the reasons for that decision, and
(ii)providing information about the right to appeal under Article 54a of Regulation (EU) No 1151/2012 against the decision and the period within which an appeal may be made, and
(b)where the application is approved, a copy of the amended product specification.
The publication obligations imposed on the Secretary of State by the previous subparagraph also apply in the case of an application that is tacitly approved by virtue of the third subparagraph.
3.The procedure laid down in Articles 49 to 52 of Regulation (EU) No 1151/2012 shall not apply to amendments concerning a temporary change in the product specification resulting from the imposition of obligatory sanitary and phytosanitary measures by the public authorities of a third country or linked to natural disasters or adverse weather conditions formally recognised by the competent authorities of a third country (‘third country temporary amendments’) .
3a.Those amendments shall be communicated to the Secretary of State together with the reasons for them not later than two weeks following approval. ... They shall be communicated to the Secretary of State either by a group having a legitimate interest or by the authorities of that third country. The approved temporary amendments to the product specification shall be sent to the Secretary of State . Evidence of the sanitary and phytosanitary measures and a copy of the act recognising natural disasters or adverse weather conditions shall be provided in all communications for temporary amendments from ... third countries. ...
3b.The Secretary of State must publish a notice, in such manner as appears appropriate to the Secretary of State from time to time, providing the public with details of a third country temporary amendment and the period during which that temporary amendment is to apply.
4.This paragraph and paragraphs 4a to 4o apply to UK temporary amendments.
A UK temporary amendment is a temporary amendment made to a product specification for a protected designation of origin, protected geographical indication or traditional speciality guaranteed to take account of difficulties that would otherwise arise in connection with the production of a product in the United Kingdom in compliance with the product specification:
(a)because of the imposition of an obligatory sanitary or phytosanitary measure in the United Kingdom (or any part of the United Kingdom) by, or linked to a natural disaster formally recognised by, the Secretary of State or by;
(i)the Environment Agency in a case where, and to the extent that, a relevant geographical area in England is affected;
(ii)the Department of Agriculture, Environment and Rural Affairs, or the Department of Health, in a case where, and to the extent that, a relevant geographical area in Northern Ireland is affected;
(iii)the Scottish Ministers, Food Standards Scotland or the Scottish Environment Protection Agency, in a case where, and to the extent that, a relevant geographical area in Scotland is affected;
(iv)the Welsh Ministers, or the Natural Resources Body for Wales, in a case where, and to the extent that, a relevant geographical area in Wales is affected;
(v)the Food Standards Agency in a case where, and to the extent that, a relevant geographical area in England, Northern Ireland or Wales is affected, or
(b)for reasons linked to adverse weather conditions in the United Kingdom, or any part of the United Kingdom, formally recognised by the Met Office of the Department for Science, Innovation and Technology.
4a.A UK temporary amendment application must be made to the Secretary of State.
4b.The procedure laid down in Articles 49 to 52 of Regulation (EU) No 1151/2012 does not apply to a UK temporary amendment application.
4c.A UK temporary amendment application may be made by a group having a legitimate interest in the relevant protected designation of origin, protected geographical indication or traditional speciality guaranteed.
4d.If a UK temporary amendment application is not made by the original (protection) applicant, the Secretary of State must give the original (protection) applicant the opportunity to make comments on the UK temporary amendment application if that applicant still exists.
4e.A UK temporary amendment application must:
(a)describe the amendment applied for,
(b)be accompanied by a copy of the product specification annotated in a way to show the proposed temporary amendment,
(c)compare for each amendment—
(i)the original product specification against the proposed amended product specification, and
(ii)where relevant, the original single document against the proposed amended single document,
(d)provide a summary of the reasons why an amendment is required, explaining how the circumstances specified in point (a) or (b) of the second subparagraph of paragraph 4 affect the production of a product for which the protected designation of origin, protected geographical indication or traditional speciality guaranteed may be used,
(e)be accompanied, as the case may be, by:
(i)evidence of the sanitary or phytosanitary measure or a reference to that measure that will enable the Secretary of State to identify the measure, and easily obtain a copy of it,
(ii)a copy of a document issued by the relevant authority recognising the natural disaster or a reference to that document that will enable the Secretary of State to identify the document and easily obtain a copy of it, or
(iii)a copy of a document issued by the Met Office of the Department for Science, Innovation and Technology recognising the adverse weather conditions or a reference to that document that will enable the Secretary of State to identify the document and easily obtain a copy of it,
(f)provide an estimate, where this is possible, of the period during which it is anticipated that the UK temporary amendment will need to apply, and
(g)contain all amendments to the product specification, and, where relevant, to the single document, for which approval is sought.
4f.A UK temporary amendment application that does not comply with paragraph 4e is not admissible.
4g.The Secretary of State must inform an applicant if a UK temporary amendment application is inadmissible as soon as reasonably practicable after receiving the application.
4h.The Secretary of State may approve a UK temporary amendment application if the Secretary of State considers that a temporary amendment to the relevant product specification is appropriate.
4i.Where a UK temporary amendment application is approved, the Secretary of State must specify the period for which the UK temporary amendment is to apply.
4j.That period may be specified by reference to a set period of time or may be specified by reference to a period expiring on the happening of an event specified in the decision.
4k.The Secretary of State, in deciding a period during which an approved UK temporary amendment is to apply, must take into account the conditions prevailing at the time the decision to approve the application is taken and, where possible, the period for which the Secretary of State anticipates that those conditions will continue.
4l.The Secretary of State may extend the period during which a UK temporary amendment is to apply on one or more occasions if the Secretary of State considers it is appropriate to do so having regard to the conditions prevailing at the time that decision is made.
4m.After making a decision in relation to a UK temporary amendment application, the Secretary of State must publish in such manner as appears appropriate to the Secretary of State from time to time:
(a)a notice:
(i)informing the applicant, the original applicant (if different) and the public of the decision made in relation to the application and the reasons for that decision, and
(ii)providing information about the right to appeal under Article 54a of Regulation (EU) No 1151/2012 and the period within which an appeal may be made, and
(b)where the application is approved, details of the temporary amendment made to the product specification and the period during which those temporary amendments apply.
4n.Where a UK temporary amendment application is approved and the period during which the temporary amendment is to apply is extended, the Secretary of State must, on each occasion that the period is extended, publish, in such manner as appears appropriate to the Secretary of State from time to time, a notice informing the applicant, the original applicant (if different) and the public of the extension of the period.
4o.In this Article, ‘a UK temporary amendment application’ means an application for a UK temporary amendment.
Article 7Cancellation
1.The procedure laid down in Articles 49 to 52 of Regulation (EU) No 1151/2012 shall apply mutatis mutandis to the cancellation of a registration under Article 54(1) or (1A) of that Regulation.
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3.The request for cancellation shall be made public pursuant to the second paragraph of Article 50(1) of Regulation (EU) No 1151/2012.
4.Reasoned statements of opposition as regards cancellation shall be admissible only if they show continued commercial reliance by an interested person on the registered name.
Article 8Transitional rules
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Article 9Repeal
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Article 10Entry into force and application
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
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Done at Brussels, 18 December 2013.
For the Commission
The President
José Manuel Barroso
ANNEXQuality schemes symbols
| Quality scheme symbols | (1) Protected designation of origin | (2) Protected geographical indication | (3) Traditional speciality guaranteed |
|---|---|---|---|
Part A Coloured |  |  |  |
Part B Black and white |  |  |  |