Scope
This Title applies to agricultural products, including foodstuffs.
For the purposes of this Title, the term ‘agricultural products, including foodstuffs’ covers agricultural products intended for human consumption listed in Annex I to the TFEU as well as foodstuffs and agricultural products listed in Annex II to this Regulation.
This Title shall not apply to spirit drinks or grapevine products as defined in Part II of Annex VII to Regulation (EU) No 1308/2013, with the exception of wine-vinegars.
CHAPTER 2 — Traditional specialities guaranteed
Objectives
1. A scheme for traditional specialities guaranteed (TSGs) is established to safeguard traditional methods of production and recipes by helping:
(a)
producers of traditional products in marketing and communicating the value-adding attributes of their traditional recipes and products to consumers;
(b)
to generate added value by contributing to fair competition in the marketing chain, a fair income for producers and contributing to the achievement of rural development policy objectives.
2. The registration and the protection of traditional specialities guaranteed are without prejudice to the obligation of producers to comply with other Union rules, in particular relating to the placing of products on the market, to the single common organisation of the markets, and to food labelling.
3. Directive (EU) 2015/1535 shall not apply to the scheme for traditional specialities guaranteed laid down in this Regulation.
Eligibility criteria
1. A name shall be eligible for registration as a traditional speciality guaranteed where it describes a product that:
(a)
results from a mode of production, processing or composition corresponding to traditional practice for that product; or
(b)
is produced from raw materials or ingredients traditionally used.
2. For a name to be registered as a traditional speciality guaranteed, it shall:
(a)
have been traditionally used to refer to the product; or
(b)
identify the traditional character of the product.
3. Where, in the opposition procedure under Article 61, it is demonstrated that the name is also used in another Member State or in a third country, in order to distinguish comparable products or products that share an identical or similar name, the decision on registration adopted in accordance with Article 64(3), point (b) may provide that the name of the traditional speciality guaranteed is to be accompanied by the claim ‘made following the tradition of’ immediately followed by the name of a country or a region thereof.
4. A name shall not be registered if it refers only to claims of a general nature used for a set of products, or to claims provided for in particular Union legislation.
5. The Commission is empowered to adopt delegated acts in accordance with Article 87 supplementing this Regulation by laying down additional rules clarifying the eligibility criteria laid down in this Article.
Product specification
1. A product specification shall include at least:
(a)
the product name proposed for registration, in the appropriate language versions;
(b)
a description of the product including its main physical, chemical, microbiological or organoleptic characteristics;
(c)
a description of the production method that the producers must follow, including, where appropriate, the nature and characteristics of the raw materials or ingredients used, if relevant including the commercial designation of the species involved and its scientific name, and the method by which the product is prepared; and
(d)
the key elements establishing the product’s traditional character.
The product specification may also include labelling requirements.
2. The Commission is empowered to adopt delegated acts in accordance with Article 87 supplementing this Regulation by laying down rules which limit the information contained in the product specification, where such a limitation is necessary to avoid excessively voluminous applications for registration.
3. The Commission may, by means of implementing acts, lay down rules on the form of the product specification. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 88(2).
Producer groups
1. A producer group shall be an association, irrespective of its legal form, composed of producers of the same product or products. It shall be set up on the initiative of producers according to the nature of the product or products concerned. A producer group shall operate in a transparent and non-discriminatory manner. It shall also be democratically organised, controlled and scrutinised by its members.
2. Member States may decide that operators, representatives of economic activities linked to one of the stages of the supply chain of products designated by a traditional speciality guaranteed and stakeholders referred to in Article 157 of Regulation (EU) No 1308/2013 may be members of a producer group, if they have a specific interest in the products covered by the producer group. Those members shall not control the producer group.
3. A producer group may exercise in particular the following tasks:
(a)
develop the product specification, apply for amendment and cancellation, manage the own controls of its members;
(b)
take action to improve the performance of the traditional specialities guaranteed;
(c)
develop information and promotion activities aiming at communicating the value-adding attributes of the product to the consumer;
(d)
take measures to enhance the value of products and, where necessary, take steps to prevent or counter any measures detrimental to the image of those products.
National stage of the procedure of registration
1. Applications for the registration of a traditional speciality guaranteed may only be submitted by an applicant producer group. An applicant producer group shall be an association, irrespective of its legal form, composed of producers of the same product the name of which is proposed for registration or of a single producer where the person concerned is the only producer willing to submit an application. Several applicant producer groups from different Member States or third countries may lodge a joint application for registration. Public bodies and other interested parties may assist in the preparation of the application and in the related procedure.
2. An application for registration of a name as a traditional speciality guaranteed shall comprise:
(a)
the name and address of the applicant producer group;
(b)
the product specification as provided for in Article 54.
3. Where the application is prepared by a producer group established in a Member State, the application shall be addressed to the authorities of that Member State. The Member State shall examine the application in order to check that it meets the conditions of the eligibility criteria referred to in Article 53. As part of that examination, the Member State shall conduct a national opposition procedure. If the Member State considers that the requirements of this Chapter are met, it may take a favourable decision and submit an application for registration at Union stage as referred to in Article 58.
4. The Member State shall ensure that any natural or legal person having a legitimate interest has the opportunity to challenge its decision. The Member State shall also ensure that a favourable decision and the corresponding product specification are published, and shall provide electronic access to the product specification.
Application for registration at Union stage
1. An application for the registration at Union stage of a traditional speciality guaranteed shall comprise the product specification as provided for in Article 54 and:
(a)
for applications from Member States, a declaration by the Member State to which the application was addressed at the national stage of the procedure of registration, confirming that the application meets the conditions for registration and information on any admissible opposition at national level following the national examination and opposition procedure; or
(b)
for applications from third countries, a power of attorney where the applicant is represented by an agent.
2. The documents referred to in paragraph 1 shall be drafted in one of the official languages of the Union.
3. A joint application shall include the product specification as provided for in Article 54 and, if relevant, the declaration referred to in paragraph 1, point (b), of this Article from all Member States or third countries concerned. The related national procedures, including the opposition stage, shall be carried out in all the Member States concerned.
4. The Commission shall, by means of implementing acts, lay down detailed rules on procedures, the form and presentation of applications for registration, including applications for the registration of a traditional speciality guaranteed concerning more than one national territory. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 88(2).
Submission of the application for registration at Union stage
1. An application for the registration of a traditional speciality guaranteed at Union stage shall be submitted to the Commission electronically, through a digital system. Following a request from at least one Member State, the Commission shall adapt the digital system to make it suitable to be used in the national part of the procedure for registration of a traditional speciality guaranteed by any Member State who so wishes.
2. Where the application for registration is prepared by an applicant established in a third country, the application shall be submitted to the Commission, either directly by an applicant, namely a producer group or a single producer, or via the authorities of the third country concerned.
3. A joint application for registration referred to in Article 56(1) shall be submitted by:
(a)
one of the Member States concerned; or
(b)
an applicant of a third country, namely a producer group or a single producer, either directly or through the authorities of that third country.
4. The names for which applications for registration at Union stage have been submitted shall be made public by the Commission through the digital system referred to in paragraph 1.
Examination by the Commission and publication for opposition
1. The Commission shall examine any application that it receives in accordance with Article 58(1), (2) and (3) in order to check that it contains the required information and that it contains no manifest errors, taking into account the outcome of the examination and opposition procedure carried out by the Member State concerned. Such examination shall take into account the outcome of the national stage of the procedure carried out by the Member State concerned.
2. The examination shall not exceed a period of six months from the day of the reception of the application. The Commission may request from the applicant any necessary supplementary information or modification. Where the Commission addresses to the applicant such request, the examination period shall not exceed a period of five months from the day on which the Commission receives the applicant’s reply.
3. In the event that the Commission does not conclude the examination referred to in paragraph 2 within the prescribed deadlines, it shall inform the applicant of the reasons for the delay in writing indicating the estimated time necessary to conclude it, which shall not exceed one month.
4. Where, based on the examination carried out in accordance with paragraph 1 of this Article, the Commission considers that the conditions laid down in Articles 53, 54, 56 and 57 are fulfilled, it shall publish the product specification in the Official Journal of the European Union .
National challenge to an application for registration
1. Member States shall keep the Commission informed of any national administrative or judicial proceedings that may prejudice the registration of a traditional speciality guaranteed.
2. The Commission shall be exempted from the obligation to meet the deadlines to perform the examination referred to in Article 59(2) and to inform the Member State of the reasons for the delay where it receives a communication from a Member State, concerning an application for registration in accordance with Article 56, which:
(a)
informs the Commission that the decision referred to in Article 56(3) has been invalidated at national level by an immediately applicable but not final administrative or judicial decision; or
(b)
requests the Commission to suspend the examination because national administrative or judicial proceedings have been initiated to challenge the validity of the application and the Member State considers that those proceedings are based on valid grounds.
3. The exemption shall have effect until the Commission is informed by the Member State that the original application has been restored or that the Member State withdraws its request for suspension.
4. If the favourable decision of a Member State referred to in Article 56(3) has been invalidated in full or in part by a final decision taken by a national court, the Member State shall consider appropriate action such as withdrawal or modification of the application for registration at Union stage, as necessary.
Union opposition procedure
1. Within three months from the date of publication of the product specification in the Official Journal of the European Union in accordance with Article 59(4), the authorities of a Member State or of a third country, or a natural or legal person having a legitimate interest and established or resident in a third country, may lodge an opposition with the Commission.
2. Any natural or legal person having a legitimate interest and established or resident in a Member State other than the one from which the application for registration at Union stage was submitted, may lodge an opposition with the Member State in which it is established or resident, within a time limit permitting that Member State to examine that opposition and to decide whether to lodge it with the Commission in accordance with paragraph 1. Member States may specify that time limit in their national legislation.
3. An opposition shall state that it opposes the registration of a traditional speciality guaranteed. An opposition that does not contain that statement shall be void.
4. The Commission shall check the admissibility of the opposition. If the Commission considers that the opposition is admissible it shall, within five months from the date of publication referred to in Article 59(4) of the product specification in the Official Journal of the European Union , invite the opponent and the applicant to engage in appropriate consultations for a reasonable period that shall not exceed three months. The Commission shall transmit to the applicant the opposition and all the documents provided by the opponent. At any time during that period, the Commission may, at the request of the applicant, extend the deadline for the consultations once by a maximum of three months.
5. The opponent and the applicant shall start consultations without undue delay. They shall provide each other with the relevant information to assess whether the application for registration complies with the conditions of this Chapter.
6. Within one month from the end of the consultations referred to in paragraph 4, the applicant shall notify the Commission of the result of the consultations, including all the information exchanged, whether agreement was reached with one or all of the opponents, and of any consequent changes to the application. The opponent may also notify the Commission of its position at the end of the consultations.
7. Where, following the end of the consultations, the product specification published in accordance with Article 59(4) has been modified, the Commission shall repeat its examination of the application for registration as modified. Where the application has been modified in a substantial manner, and the Commission considers that the modified application meets the conditions for registration, it shall publish again the product specification in accordance with that paragraph.
8. The documents referred to in this Article shall be drafted in one of the official languages of the Union.
9. The Commission shall finalise its assessment of the application for registration at Union stage, taking into account any request for transitional periods, the outcome of the opposition procedure and any other matters arising subsequently to its examination that may imply a change of the product specification.
10. The Commission is empowered to adopt delegated acts in accordance with Article 87 supplementing this Regulation by laying down detailed procedures and deadlines for the opposition procedure.
11. The Commission shall, by means of implementing acts, lay down the format and presentation of oppositions and provide for the exclusion or anonymisation of personal data. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 88(2).
Grounds for opposition
1. An opposition lodged in accordance with Article 61 shall be admissible only if the opponent shows that:
(a)
the proposed traditional speciality guaranteed does not comply with the provisions of this Chapter; or
(b)
the registration of the name would jeopardise the existence of a wholly or partially identical name.
2. The admissibility of an opposition shall be assessed in relation to the territory of the Union.
Transitional periods for the use of traditional specialities guaranteed
1. For products the designation of which consists of or contains a name that contravenes Article 68, the Commission may, by means of implementing acts, grant a transitional period of up to five years to enable the continued use of the designation under which those products were marketed, provided that an admissible opposition, in accordance with Article 56(3) or Article 61, to the application for registration of the traditional speciality guaranteed whose protection is contravened, shows that such designation has been legally used on the internal market for at least five years preceding the date of the publication of the product specification referred to in Article 59(4).
2. The implementing acts referred to in paragraph 1 of this Article shall be adopted in accordance with the examination procedure referred to in Article 88(2), except those where an admissible opposition is lodged in accordance with Article 56(3), which shall be adopted without applying that examination procedure.
Commission decision on the application for registration
1. Where, on the basis of the information available to the Commission from the examination carried out in accordance with Article 59, the Commission considers that any of the conditions referred to in that Article is not fulfilled, it shall, by means of implementing acts, reject the application for registration. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 88(2).
2. In the absence of an admissible opposition, the Commission shall, by means of implementing acts and without applying the procedure referred to in Article 88(2), register the traditional speciality guaranteed.
3. Where the Commission receives an admissible opposition, it shall, following the procedure referred to in Article 61 and taking into account the results thereof:
(a)
adopt implementing acts registering the traditional speciality guaranteed without applying the procedure referred to in Article 88(2), if an agreement has been reached, after checking that the agreement complies with Union law, and, if necessary, amend the information published in accordance with Article 59(4) provided that such amendments are not substantial; or
(b)
adopt implementing acts deciding on the application for registration, if an agreement has not been reached. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 88(2).
4. The implementing acts on registering a traditional speciality guaranteed shall provide for any conditions applicable to the registration and for the republication for information of the product specification published in accordance with Article 59(4) and modified following the opposition procedure in the case of modifications other than those referred to in Article 61(7).
5. Commission implementing regulations on registration and Commission implementing decisions on rejection shall be published in the Official Journal of the European Union , L series.
Union register of traditional specialities guaranteed
1. The Commission shall, by means of implementing acts and without applying the procedure referred to in Article 88(2), establish and maintain a publicly accessible Union register of traditional specialities guaranteed. Files entered in that register after 13 May 2024 shall be in a machine-readable format as defined in Article 2, point (13), of Directive (EU) 2019/1024.
2. The Commission shall retain, in digital or paper form, documentation related to the registration of a traditional speciality guaranteed. In the event of cancellation of the registration, the Commission shall retain the documentation for 10 years thereafter.
3. The Commission shall, by means of implementing acts, specify the content and presentation of the Union register of traditional specialities guaranteed. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 88(2).
Amendments to a product specification
1. A producer group of a product the name of which is a registered traditional speciality guaranteed may apply for the approval of an amendment to the product specification. Applications shall describe and give reasons for the amendments requested.
2. The procedure for the amendment of a product specification shall follow, mutatis mutandis , the procedure laid down in Articles 56 to 64.
3. The Commission is empowered to adopt delegated acts in accordance with Article 87 supplementing this Regulation by laying down the rules on the procedure for the amendment of a product specification.
4. The Commission shall, by means of implementing acts, lay down detailed rules on procedures, the form and presentation of an application for the amendment of a product specification. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 88(2).
Cancellation of the registration
1. The Commission may, on its own initiative or on a duly substantiated request by a Member State, a third country or any natural or legal person having a legitimate interest and established or resident in a third country, by means of implementing acts, cancel the registration of a traditional speciality guaranteed in the following cases:
(a)
where compliance with the product specification can no longer be ensured;
(b)
where no product is placed on the market under the traditional speciality guaranteed for at least the preceding seven consecutive years.
2. The Commission may also, by means of implementing acts, cancel a registration at the request of the producers of the product marketed under the registered name.
3. Articles 56 to 62 and Article 64 shall apply mutatis mutandis to the cancellation procedure.
Oppositions shall be admissible only if they show continued commercial reliance on the registered name by an interested natural or legal person.
4. Before adopting the implementing acts referred to in paragraphs 1 and 2, the Commission shall consult the authorities of the Member State concerned, the authorities of the third country concerned or, where possible, the third country producer which had originally applied for the registration of the traditional speciality guaranteed, unless the cancellation is directly requested by those original applicants. The consultation period shall be at least one month.
5. The Commission shall, by means of implementing acts, lay down detailed rules on procedures, the form and presentation of the requests for the cancellation of a registration of a traditional speciality guaranteed.
6. The implementing acts referred to in paragraphs 1, 2 and 5 of this Article shall be adopted in accordance with the examination procedure referred to in Article 88(2).
Restriction on the use of registered traditional specialities guaranteed
1. Registered traditional specialities guaranteed shall be protected against any misuse, imitation or evocation, even if the protected name is translated, including as regards products used as ingredients, or against any other practice liable to mislead the consumer.
2. The names used for agricultural products and foodstuffs at national level shall not give rise to confusion with registered traditional specialities guaranteed.
3. The protection referred to in paragraph 1 shall also apply with regard to products sold through means of distance selling, such as electronic commerce.
4. The Commission may, by means of implementing acts, lay down procedural requirements for the protection of traditional specialities guaranteed. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 88(2).
5. The Commission is empowered to adopt delegated acts in accordance with Article 87 supplementing this Regulation by laying down additional rules on the use of traditional specialities guaranteed in the name of processed products with reference to the use of comparable ingredients and the criteria of conferring essential characteristics on the processed products.
Exceptions for certain uses
The provisions of this Chapter shall be without prejudice to:
(a)
the use of terms that are generic in the Union, even if the generic term is part of a name that is protected as a traditional speciality guaranteed;
(b)
the placing on the market of products the labelling of which contains or comprises the denomination of a plant variety or animal breed denomination used in good faith;
(c)
the application of Union rules or those of Member States governing intellectual property, and in particular those concerning designations of origin and geographical indications and trade marks and rights granted under those rules.
Union symbol, indication and abbreviation
1. A Union symbol shall be established for products designated as traditional speciality guaranteed. The indication ‘traditional speciality guaranteed’, the abbreviation ‘TSG’, and the Union symbol referring to the traditional speciality guaranteed may only be used in connection with products produced in compliance with the relevant product specification. They may also be used for information and educational purposes, provided that such use is not likely to mislead the consumer. The indication ‘traditional speciality guaranteed’ or the corresponding abbreviation ‘TSG’ may appear in the labelling.
2. In the case of products originating in the Union that are marketed as traditional speciality guaranteed registered in accordance with this Regulation, the Union symbol referred to in paragraph 2 shall appear in the labelling and advertising materials together with the registered name in the same field of vision. The labelling requirements set out in Article 13(1) of Regulation (EU) No 1169/2011 for the presentation of mandatory particulars shall apply to the registered traditional speciality guaranteed.
3. The Union symbol may be used in the labelling of traditional specialities guaranteed which are produced outside the Union.
4. The Commission shall, by means of implementing acts, specify the technical characteristics of the Union symbol as well as the technical rules on their use and the use of the indication and the abbreviation on products marketed under a traditional speciality guaranteed, including linguistic versions. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 88(2).
Participation in the traditional speciality guaranteed scheme
1. A name registered as a traditional speciality guaranteed may be used by any operator marketing a product that complies with the corresponding product specification.
2. Member States shall ensure that operators are covered by the verification of compliance with the product specification established in accordance with Article 72.
Controls and enforcement
1. Controls of traditional specialities guaranteed mean:
(a)
verification that a product designated by a traditional speciality guaranteed has been produced in compliance with the corresponding product specification; and
(b)
verification of the use of traditional specialities guaranteed in the market.
2. For the purposes of this Chapter, enforcement includes any action that aims to ensure compliance with Articles 68, 69 and 70 of this Regulation.
3. Competent authorities, delegated bodies and natural persons to which certain official control tasks have been delegated shall comply with the respective requirements laid down in Regulation (EU) 2017/625.
4. Each operator wishing to participate in any activity subject to one or more obligations provided for in the product specification of a product designated by a traditional speciality guaranteed shall notify the competent authorities, delegated bodies or natural persons referred to in paragraph 6, points (a) and (b).
Member States shall draw up and keep up-to-date a list of operators who perform activities subject to one or more obligations provided for in the product specification of a product designated by a traditional speciality guaranteed entered in the Union register of traditional specialities guaranteed in their territory.
5. Producers shall be responsible for own controls that ensure compliance with the product specification of products designated by traditional specialities guaranteed before the product is placed on the market.
6. In addition to own controls referred to in paragraph 5, prior to placing on the market a product designated by a traditional speciality guaranteed and originating in the Union, verification of compliance with the product specification shall be carried out by:
(a)
one or more competent authorities within the meaning of Article 3, point (3), of Regulation (EU) 2017/625; or
(b)
one or more delegated bodies or natural persons to which certain official control tasks have been delegated, as referred to in Title II, Chapter III, of Regulation (EU) 2017/625.
7. In respect of traditional specialities guaranteed that designate products originating in a third country, the verification of compliance with the product specification before the placing on the market of the product shall be carried out by:
(a)
one or more competent authorities designated by the third country; or
(b)
one or more product certification bodies.
The costs of verification of compliance with the product specification may be borne by the operators which are subject to those controls. Member States may charge a fee to cover their costs of verification of compliance with the product specification.
8. Member States shall make public the names and addresses of the competent authorities, delegated bodies and natural persons referred to in paragraph 6 for each product designated by a traditional speciality guaranteed and keep that information up-to-date.
9. The Commission shall make public the names and addresses of the competent authorities and product certification bodies referred to in paragraph 7 and update that information regularly.
10. The Commission may establish a digital portal where the name and the address of the competent authorities, delegated and product certification bodies and natural persons referred to in paragraphs 6 and 7 are made public.
11. The Commission shall adopt implementing acts concerning the communication to be made by the third countries to the Commission, including on names and addresses of the competent authorities and product certification bodies. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 88(2).
12. The Commission may, by means of implementing acts and without applying the procedure referred to in Article 88(2), lay down the means by which the name and address of competent authorities and delegated bodies referred to in this Article are to be made public.
Accreditation of delegated and product certification bodies
1. The delegated bodies referred to in Article 72(6), point (b), and the product certification bodies referred to in Article 72(7), point (b), shall comply with and be accredited in accordance with either of the following standards as relevant for the delegated tasks:
(a)
Standard EN ISO/IEC 17065 ‘Conformity assessment — Requirements for bodies certifying products, processes and services’; or
(b)
Standard EN ISO/IEC 17020 ‘Conformity assessment — Requirements for the operation of various types of bodies performing inspection’.
2. Accreditation referred to in paragraph 1 shall be performed by a national accreditation body recognised in accordance with Regulation (EC) No 765/2008, that is a signatory of a Multilateral Agreement in the framework of the European Cooperation for Accreditation covering the standards referred to in paragraph 1, or by an accreditation body outside the Union that is a signatory of a Multilateral Recognition Arrangement of the International Accreditation Forum or a Mutual Recognition Arrangement of the International Laboratory Accreditation Cooperation covering the standards referred to paragraph 1.
Verification of the use of traditional speciality guaranteed in the market and enforcement
1. Member States shall designate one or more competent authorities responsible for verification of, and enforcement actions on, the use of traditional speciality guaranteed after the product designated by a traditional speciality guaranteed has been placed on the market, which includes operations such as storage, transit, distribution or offering for sale, including in electronic commerce. Those authorities may be the same as the competent authorities referred to in Article 72(6), point (a). Verification of the use of traditional specialities guaranteed shall be carried out on the basis of a risk analysis.
2. The authorities referred to in paragraph 1 shall ensure the compliance with the product specification for the traditional speciality guaranteed concerned.
3. Member States shall take appropriate administrative and judicial steps to prevent or stop the use of names of products or services that are produced, provided or marketed in their territory, or intended for export to third countries, and that contravenes the protection of traditional specialities guaranteed provided for in Article 68.
4. The authority or authorities designated in accordance with paragraph 1 shall facilitate the information exchange among relevant departments, agencies and bodies, such as police, anti-counterfeiting agencies, customs, intellectual property offices, food law authorities and retail inspectors, to ensure efficient enforcement.
Obligations of providers on the online market
1. Any information related to the advertising, promotion and sale of products that is accessible to persons established in the Union and that contravenes the protection of traditional speciality guaranteed provided for in Article 68 of this Regulation shall be considered illegal content as defined in Article 3, point (h), of Regulation (EU) 2022/2065.
2. The relevant national judicial or administrative authorities of the Member States may, in accordance with Article 9 of Regulation (EU) 2022/2065, issue an order to act against illegal content referred to in paragraph 1 of this Article.
Mutual assistance and exchange of information
1. Member States shall assist each other for the purpose of carrying out the controls and enforcement provided for in this Chapter in accordance with Title IV of Regulation (EU) 2017/625.
2. The Commission may, by means of implementing acts, lay down detailed rules on the nature and the type of the information to be exchanged among Member States and the methods for exchanging that information for the purpose of controls and enforcement under this Chapter. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 88(2).
Attestation of compliance with the product specification
1. An operator whose product, following the verification of compliance referred to in Article 72, is found to comply with the product specification of a traditional speciality guaranteed protected in accordance with this Regulation shall, on request, and depending on the system applied in the Member State concerned, be entitled to either:
(a)
an attestation, which may be a certified copy, certifying compliance with the product specification; or
(b)
inclusion in a list of approved operators established by the competent authority, such as the list provided for in Article 72(4). The relevant extract of the list (‘listing’) shall be made available online to each approved operator.
2. The attestation of compliance and the listing referred to in paragraph 1, points (a) and (b) respectively, shall be updated periodically, based on a risk assessment.
3. An operator that is no longer accorded the attestation of compliance or that has been removed from the list shall not continue to display or use the attestation of compliance or the listing.
4. The Commission shall, by means of implementing acts, lay down detailed rules on the form and content of the attestation of compliance and listing, as well as on the circumstances under which, and the forms in which, they are to be made available by the operators or traders for control or in the course of business, including in the case of an equivalent attestation concerning products originating in third countries. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 88(2).
CHAPTER 3 — Optional quality terms
Objective
A scheme for optional quality terms shall be established in order to facilitate the communication within the internal market on the value-adding characteristics or attributes of agricultural products by their producers.
National rules
1. Member States may maintain national rules on optional quality terms and schemes which are not covered by this Regulation, provided that such rules comply with Union law.
2. The Commission may establish and provide support for a digital system for the inclusion of the terms and schemes referred to in paragraph 1 with a view to fostering knowledge of the products and schemes across the Union. The Commission may, by means of implementing acts, lay down technical details necessary for the notification of the optional quality terms. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 88(2).
Optional quality terms
1. Optional quality terms shall satisfy the following criteria:
(a)
they relate to a characteristic of one or more categories of products, or to a farming or processing attribute which applies in specific areas;
(b)
their use adds value to the product as compared to products of a similar type; and
(c)
they have a Union dimension.
2. Optional quality terms that describe technical product qualities with the purpose of putting into effect compulsory marketing standards and are not intended to inform consumers about those product qualities shall fall outside the scope of this Chapter.
3. Optional quality terms shall exclude optional reserved terms which support and complement specific marketing standards determined on a sectoral or product category basis.
4. In order to take into account the specific characteristics of certain sectors as well as consumer expectations, the Commission is empowered to adopt delegated acts in accordance with Article 87 supplementing this Regulation by laying down detailed rules on the criteria referred to in paragraph 1 of this Article.
5. The Commission may, by means of implementing acts, lay down rules on forms, procedures or other technical details necessary for the application of this Chapter. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 88(2).
6. When adopting delegated and implementing acts in accordance with paragraphs 4 and 5, the Commission shall take account of any relevant international standards.
Reservation of additional optional quality terms
In order to take account of the expectations of consumers, developments in scientific and technical knowledge, the market situation, and developments in marketing standards and in international standards, the Commission is empowered to adopt delegated acts in accordance with Article 87 supplementing this Regulation by reserving additional optional quality terms and laying down conditions of their use.
Mountain product
1. The term ‘mountain product’ shall be established as an optional quality term. It shall be reserved as a compound term. It shall only be used to describe products intended for human consumption listed in Annex I to the TFEU in respect of which:
(a)
both the raw materials and the feed for farm animals come essentially from mountain areas;
(b)
in the case of processed products, the processing also takes place in mountain areas.
2. For the purposes of this Article, mountain areas within the Union are those delimited pursuant to Article 32(2) of Regulation (EU) No 1305/2013 of the European Parliament and of the Council ( 30 ) .
For third-country products, mountain areas shall include areas officially designated as mountain areas by the third country concerned or that meet criteria equivalent to those set out in Article 32(2) of Regulation (EU) No 1305/2013.
3. In duly justified cases and in order to take into account natural constraints affecting agricultural production in mountain areas, the Commission is empowered to adopt delegated acts in accordance with Article 87 supplementing this Regulation by laying down derogations from the conditions referred to in paragraph 1 of this Article, in particular the conditions under which raw materials or feed are permitted to come from outside the mountain areas, the conditions under which the processing of products is permitted to take place outside the mountain areas in a geographical area to be defined, and the definition of that geographical area.
4. In order to take into account natural constraints affecting agricultural production in mountain areas, the Commission is empowered to adopt delegated acts in accordance with Article 87 supplementing this Regulation concerning the establishment of the methods of production and other criteria relevant for the application of the optional quality term referred to in paragraph 1 of this Article.
Restrictions on use and controls
1. An optional quality term may only be used to describe products that comply with the corresponding conditions of use.
2. The provisions of this Chapter shall be without prejudice to the application of Union or national rules governing intellectual property, and in particular those concerning designations of origin and geographical indications and trade marks and rights granted under those rules.
3. The Commission may, by means of implementing acts, lay down rules for the use of optional quality terms. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 88(2).
4. Member States shall undertake controls, based on a risk analysis, to ensure compliance with the requirements of this Chapter and, in the event of breach, shall impose appropriate administrative penalties.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
