Application for registration at Union stage
1. When the application for registration at Union stage is submitted to the Commission by a Member State, the product specification and the declaration by the Member State 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, referred to in Article 57(1), point (a), of Regulation (EU) 2024/1143, shall be drawn up in accordance with the form made available in the Commission’s digital system referred to in Article 58(1) of that Regulation.
The application for registration at Union stage shall be accompanied by the indication of the name of the applicant producer group at the national stage of the procedure as referred to in Article 56(2), point (a), of Regulation (EU) 2024/1143. These additional data shall be communicated in accordance with the form made available in the Commission’s digital system referred to in Article 58(1) of that Regulation.
2. Where the application for registration at Union stage is submitted to the Commission by a third country authority or by an applicant established or resident in a third country, the product specification shall be drawn up in accordance with the form set out in Annex X to this Regulation. The power of attorney where the applicant is represented by an agent, as referred to in Article 57(1), point (b), of Regulation (EU) 2024/1143, shall be communicated without using a specific format.
The application for registration at Union stage shall be accompanied by the indication of the name of the applicant producer group in the third country, if different from the applicant at Union stage, as referred to in Article 56(2), point (a), of Regulation (EU) 2024/1143, and by the names and the addresses of the competent authorities and product certification bodies designated by the third country as referred to in Article 72(7) of that Regulation. These additional data shall be communicated without using a specific format. The information supplied may be entered by the Commission into its digital system referred to in Article 58(1) of Regulation (EU) 2024/1143.
3. A joint application for registration at Union stage shall, in addition to the elements referred to in paragraphs 1 or 2 of this Article, contain the elements referred to in Article 57(3) of Regulation (EU) 2024/1143.
Formal check of the application for registration at Union stage
1. The Commission shall check, in accordance with Article 59 of Regulation (EU) 2024/1143, if an application for registration is complete and if it has been submitted in accordance with Article 56(3), Article 57(2) and Article 58 of Regulation (EU) 2024/1143 and with Article 35 of this Regulation.
2. An application for registration of a traditional speciality guaranteed submitted by a Member State shall be considered complete if it complies with Article 21(1).
3. An application for registration of a traditional speciality guaranteed submitted by a third country shall be considered complete if it complies with Article 21(2).
4. The product specification shall be considered complete when it includes all the information required by Article 54 of Regulation (EU) 2024/1143.
5. An application successfully submitted via the Commission’s digital system referred to in Article 35 shall be deemed to fulfil the requirements of the formal check referred to in paragraph 1 of this Article.
6. An application submitted via electronic mail failing to comply with the requirements referred to in paragraph 1 shall be considered as not submitted. The Commission shall inform the applicant accordingly.
Presentation of the product specification
1. Where the name of a traditional speciality guaranteed is accompanied by the claim referred to in Article 53(3) of Regulation (EU) 2024/1143, that claim shall be included in the product specification.
2. Names of natural or legal persons included in the product specification shall be published.
3. The product specification included in an application for registration submitted by a third country shall be in a format allowing word processing.
Specific rules for the description of the product and of the production method
The description of the product for a traditional speciality guaranteed referred to in Article 54(1), point (b), of Regulation (EU) 2024/1143 shall only mention the characteristics necessary to identify the product and its specific characteristics. It shall not repeat general obligations, in particular, mandatory requirements inherent to all products of that type.
The description of the production method referred to in Article 54(1), point (c), of Regulation (EU) 2024/1143 shall only include the production method in force. Historical practices are only to be included if they are still followed. Only the method necessary for obtaining the specific product shall be described and in a way that enables reproduction of the product anywhere.
The key elements proving the product’s traditional character shall include the main elements that have remained unchanged, with precise and well established references.
Description of several distinct products
Where the application for registration of a name or approval of an amendment describes two or more distinct products which are entitled to use that name, compliance with the requirements for registration shall be shown separately for each such product.
For the purposes of this Article, ‘distinct products’ mean products that, although using the same registered name, are differentiated when placed on the market or considered as different products by consumers.
Changes to the product specification in the course of the application procedure
1. If, following the exchanges referred to in Article 59(2) of Regulation (EU) 2024/1143 between the Commission and the Member State concerned, that Member State considers that substantial changes are made to the product specification, thus affecting interests that had not been considered in the national opposition procedure carried out in accordance with Article 56(3) of Regulation (EU) 2024/1143, those changes shall be subject to an additional opposition procedure. In that additional national opposition procedure, the Member State shall ensure that any natural or legal person having a legitimate interest and who is established or resident in the territory of the Member State in question is allowed to submit an opposition before the amended version of the product specification is communicated to the Commission.
2. If, following the exchanges referred to in paragraph 1, changes to the product specification are required for an application submitted by a third country, the third country applicant shall update the product specification and communicate those changes to the Commission.
Presentation of oppositions and of notifications of results of consultations
1. An opposition as referred to in Article 61 of Regulation (EU) 2024/1143 shall be drawn up in accordance with the form set out in Annex XI to this Regulation and shall contain:
(a)
the name published in the Official Journal of the European Union , C series, in accordance with Article 59(4) of Regulation (EU) 2024/1143 to which the opposition relates;
(b)
the reference to the Official Journal of the European Union , C series, in which the name to which the opposition relates was published;
(c)
a statement formally signifying the opposition to the registration of that name;
(d)
the name and contact details of the Member State authority or of the third country authority or of the natural or legal person submitting the opposition;
(e)
a description of the legitimate interest of the natural or legal person that submitted the opposition; this requirement shall not apply to national authorities;
(f)
an indication of the grounds for opposition, as referred to in Article 62 of Regulation (EU) 2024/1143;
(g)
substantiated reasons justifying the opposition, including details of the facts, evidence and comments in support of the opposition;
(h)
authorisation to the Commission to transmit the personal data that may be contained in the opposition.
The opposition referred to in the first subparagraph may be accompanied by supporting documents, where relevant.
2. The notification of the results of the consultations referred to in Article 61(6) of Regulation (EU) 2024/1143 shall contain:
(a)
the name published in the Official Journal of the European Union , C series, to which the opposition relates;
(b)
the reference to the Official Journal of the European Union , C series in which the name to which the opposition relates was published;
(c)
the name of the opponent or opponents;
(d)
the result of the consultations;
(e)
an indication whether the product specification has been modified and a description of such modifications.
3. If the product specification has been modified, the modified product specification shall be joined to the notification.
4. The notification of the end of the consultations following the opposition procedure shall be drawn up in accordance with the form set out in Annex XII.
5. An application submitted via electronic mail failing to comply with the requirements referred to in paragraph 1 shall be considered as not submitted. The Commission shall inform the applicant accordingly.
Applications for approval of amendments to a product specification
1. An application for approval of an amendment to a product specification, referred to in Article 66 of Regulation (EU) 2024/1143, shall contain:
(a)
the protected name to which the amendment relates;
(b)
the headings in the product specification relating to the matters affected by the amendment;
(c)
a description of and the reasons for each of the amendments proposed;
(d)
the consolidated product specification as amended;
(e)
for an application submitted by a Member State, the declaration referred to in Article 57(1), point (a), of Regulation (EU) 2024/1143.
2. The Commission shall receive separately and shall not publish as part of the application:
(a)
the name and contact details of the Member State or third country authority or producer group applicant in the Union stage of the procedure for approval of an amendment to the product specification;
(b)
the name and contact details of the applicant producer group initiating the national stage of the procedure for approval of an amendment to the product specification;
(c)
any accompanying documentation, as referred to in Article 21.
3. Member States, third countries authorities and applicant groups established or resident in a third country shall ensure consistency between the application for approval of amendment and the consolidated product specification and that there is no material divergence between them. The amendments listed in the application for approval of amendment shall correspond to the amendments effectively made to the product specification. Where an inconsistency is found after the approval of an amendment, the Member State, third country or applicant producer group that submitted the application shall adopt the necessary measures to remedy that inconsistency.
4. An application for approval of an amendment to the product specification shall be drawn up in accordance with the form made available in the Commission’s digital system referred to in Article 58(1) of Regulation (EU) 2024/1143. Applicants from third countries shall use the form set out in Annex XIII to this Regulation. The information supplied may be entered by the Commission into that digital system.
5. For the purposes of Article 66(2) of Regulation (EU) 2024/1143, in conjunction with Article 59(4) of that Regulation, in addition to the documents and information referred thereto, as amended, the Commission shall publish in the Official Journal of the European Union the application for approval of an amendment to the product specification.
Formal check of applications for approval of amendments
1. The Commission shall check, in accordance with Article 59 of Regulation (EU) 2024/1143, if an application for approval of an amendment to a product specification is complete and if it has been submitted in accordance with Article 56(3), Article 57(2) and Article 58 of Regulation (EU) 2024/1143 and with Article 35 of this Regulation.
2. An application for approval of an amendment to a product specification shall be considered complete if it includes all the elements referred to in Article 28(1) and (2), and complies with Article 28(4).
3. An application successfully submitted via the Commission’s digital system referred to in Article 35 shall be deemed to fulfil the requirements of the formal check referred to in paragraph 1 of this Article.
4. An application submitted via electronic mail failing to comply with the requirements referred to in paragraph 1 shall be considered as not submitted. The Commission shall inform the applicant accordingly.
Cancellation
1. A request for cancellation of the registration of a traditional speciality guaranteed pursuant to Article 67(1) of Regulation (EU) 2024/1143 shall contain:
(a)
the registered name proposed for cancellation;
(b)
the name of the Member State, third country or natural or legal person established or resident in the third country submitting the request for cancellation to the Commission;
(c)
the name of the natural or legal person requesting the cancellation at the national stage of the procedure, if any;
(d)
for requests from third countries, the name of the authorities, or bodies, verifying compliance with the requirements of the product specification;
(e)
a statement explaining the legitimate interest of the natural or legal persons referred to in points (b) and (c);
(f)
the class of product as referred to in Annex XVIII to this Regulation;
(g)
an indication that the cancellation is requested in accordance with Article 67(1), point (a) or (b), of Regulation (EU) 2024/1143;
(h)
explanations and reasons for cancellation;
(i)
for a request for cancellation submitted by a Member State, the declaration referred to in Article 57(1), point (a), of Regulation (EU) 2024/1143.
The contact details of the natural or legal person, or of the producer group, or of the authority or bodies of the Member State or of the third country referred to in the first subparagraph, points (b), (c) and (d), shall be communicated separately. Contrary to the names, the contact details of such authorities, persons, groups or bodies, shall not be published as part of the request for cancellation.
2. A request for cancellation of a traditional speciality guaranteed pursuant to Article 67(1) of Regulation (EU) 2024/1143, shall be drawn up in accordance with the form set out in Annex XIV to this Regulation. The information supplied may be entered by the Commission into its digital system referred to in Article 58(1) of Regulation (EU) 2024/1143.
3. Member States may start the national stage of the cancellation procedure on their own initiative. In that case, the information referred to in paragraph 1, first subparagraph, points (c) and (e), may be omitted.
4. In case of cancellation on the Commission’s own initiative, the procedure shall start directly at the Union stage. The Commission shall publish for opposition, in accordance with Article 59(4) of Regulation (EU) 2024/1143, its own proposal of cancellation, which shall contain the elements referred to in paragraph 1 of this Article, mutatis mutandis .
5. A request for cancellation of the registration of a traditional speciality guaranteed pursuant to Article 67(2) of Regulation (EU) 2024/1143 shall be submitted by an agent mandated by the producers.
6. A request for cancellation pursuant to Article 67(2) of Regulation (EU) 2024/1143 submitted to the Commission shall contain:
(a)
the registered name proposed for cancellation;
(b)
an indication that the cancellation is requested in accordance with Article 67(2) of Regulation (EU) 2024/1143;
(c)
in the case of a request submitted by a Member State to the Commission, the name of the Member State, the declaration referred to in Article 57(1), point (a), of Regulation (EU) 2024/1143, and an indication that the cancellation of the registration is requested by the producers of the product marketed under the registered name;
(d)
in the case of a request submitted by a third country authority to the Commission, the name of the third country authority and an indication that the cancellation of the registration is requested by the producers of the product marketed under the registered name and a reasoning demonstrating that the request represents the will of the producers of the product considered as whole;
(e)
in the case of a request submitted directly to the Commission by the producers of the product marketed under the registered name established or resident in the third country, the name of the agent mandated by the producers making the request, its power of attorney and a reasoning demonstrating that the request represents the will of the producers of the product considered as whole;
(f)
the class of product as referred to in Annex XVIII to this Regulation;
(g)
description of the reasons for cancellation, for information purpose.
The contact details of the authority of the Member State or third country or of the agent representing the producers referred to in the first subparagraph, points (c), (d) and (e), shall be communicated separately. The contact details of such authorities or agents shall not be published as part of the request for cancellation. Their names, however, shall be published.
7. A request for cancellation of the registration of a traditional speciality guaranteed pursuant to Article 67(2) of Regulation (EU) 2024/1143 shall be drawn up in accordance with the form set out in Annex XV to this Regulation. The information supplied may be entered by the Commission into its digital system referred to in Article 58(1) of Regulation (EU) 2024/1143.
8. The information to be published pursuant to Article 59(4) of Regulation (EU) 2024/1143 shall contain a duly completed request for cancellation as referred to in paragraph 1 or 6 of this Article.
Formal check of requests of cancellation
1. The Commission shall check, in accordance with Article 59 of Regulation (EU) 2024/1143, if a request of cancellation of the registration of a traditional speciality guaranteed is complete and if it has been submitted in accordance with Article 56(3), Article 57(2) and Article 58 of Regulation (EU) 2024/1143 and with Article 35 of this Regulation.
2. A request for cancellation of the registration of a traditional speciality guaranteed shall be considered complete when it includes all the elements referred to in Article 30(1) or (6) and complies with Article 30(2) or (7).
3. A request for cancellation of the registration of a traditional speciality guaranteed failing to comply with the requirements referred to in paragraph 1 shall be considered as not submitted. The Commission shall inform the requesting entity accordingly.
Union register of traditional specialities guaranteed
1. The Union register of traditional specialities guaranteed referred to in Article 65 of Regulation (EU) 2024/1143 shall be established as a digital solution allowing the technical storage of and public access to all entries concerning traditional specialties guaranteed, including applications for registration, for amendment and for cancellation, rejections, publications for opposition, registrations, approvals of amendments and cancellations. The Commission shall be the owner of that register. The digital solution shall be hosted and managed by the Commission.
2. The following data shall be recorded in the register referred to in paragraph 1 as appropriate:
(a)
the registered name or names of the product, in its or their original script, including their transcriptions or transliterations in Latin characters, where applicable. Multiple names, transcriptions and transliterations shall be recorded as alternative names, separated by a space, a forward slash and a second space;
(b)
the classification of the product as laid down in Annex XVIII;
(c)
the date of the submission of the application to the Commission;
(d)
the date of publication in the Official Journal of the European Union ;
(e)
electronic reference to the publication of the application in the Official Journal of the European Union ;
(f)
the date of registration;
(g)
electronic reference to the instrument registering the name;
(h)
indication of the country or countries of origin of the application;
(i)
the file number;
(j)
names and addresses of the control authorities, in case of application originating in a third country.
3. Where the Commission approves an amendment to a product specification, the data concerning the amendment shall be recorded following the list in paragraph 2 as appropriate, with effect from the date on which the amendment is applicable in the Union. Electronic reference to the publication in the Official Journal of the European Union of regulations approving an amendment shall be recorded.
4. Where the registration of a traditional speciality guaranteed has been cancelled, the Union register of traditional specialities guaranteed shall show the name as cancelled from the date on which the relevant implementing act takes effect. That register shall maintain a record of the cancellation, including the electronic reference to the decision of cancellation.
5. Where the Commission receives an application for registration or for approval of an amendment or a request of cancellation, the name, file number, class of product , country of origin, application type, date and status of the received application or request shall be recorded in the Union register of traditional specialities guaranteed. The date of publication and the electronic reference to that publication shall be also recorded once the application is published in the Official Journal of the European Union . The Union register of traditional specialities guaranteed shall keep record of the decision of rejection of applications, including the electronic reference to the decision of rejection.
6. The data referred to in paragraphs 2 to 5 shall remain in the Union register of traditional specialities guaranteed.
Attestation of compliance
1. If a Member State applies a system of attestations, as referred to in Article 77(1), point (a), of Regulation (EU) 2024/1143, the attestation certifying compliance with the product specification referred to in that Article may be in electronic form. It may be made available by display on a web page to which the operator has access and from which the operator may download the attestation. The attestation shall state its date of issue and shall be in Latin characters or accompanied by a transcription or transliteration in Latin characters.
If a Member State applies a system of lists of approved operators, as referred to in Article 77(1), point (b), of Regulation (EU) 2024/1143, the extract of the list (listing) referred to in that Article shall be in electronic form and shall be made available by display on a web page to which the operator has access and from which the operator may download an official extract of the corresponding listing. The listing shall state the date on which it was drawn up. The listing shall be in Latin characters or accompanied by a transcription or transliteration in Latin characters.
2. The attestation and the listing referred to in paragraph 1 shall contain at least the following data:
(a)
the name of the traditional speciality guaranteed;
(b)
a serial identification number identifying the operator within the system;
(c)
the name and contact details of the operator;
(d)
the name and contact details of the delegated body or of the natural person to which certain official control tasks have been delegated or of the authority responsible for the listing;
(e)
the business of the operator to which the attestation or listing applies, being ‘production’, ‘processing’, ‘bottling (packaging)’, and/or ‘other’ (to be specified by the authority issuing the attestation);
(f)
the date of issue of the attestation or the date on which the listing was drawn up;
(g)
the signature, seal or mark of the delegated body or the authority responsible for the listing, which may be electronic;
(h)
the classification of the product as referred in the Union register of traditional specialities guaranteed.
3. For the purposes of facilitating free circulation within the Union, authorities and bodies issuing the attestation and the listing referred to in paragraph 1 of this Article may use the form set out in Annex XVI.
4. For products produced in third countries, an operator whose product designated by the registered traditional speciality guaranteed is imported into the Union shall make available to the importer of the product in the Union, at its request, a proof of certification as an operator of a product designated by that traditional speciality guaranteed as provided by the national control authority or the certification body of that third country.
The proof of certification referred to in the first subparagraph may consist in an attestation or in a listing of authorised operators and may be provided directly by that national control authority or certification body. The proof of certification may be in paper or electronic form. It shall be in, or accompanied by a translation into, an official language of the Union and in characters that may be easily understood in the Member State or Member States where the product is marketed. It shall not have expired, in accordance with the third country national law, on the date on which it is made available to the importer.
5. The proof of certification referred to in paragraph 4 shall be made available by the importer on request to customs authorities or other authorities in the Union engaged in verifying the use of traditional specialities guaranteed on goods declared for free circulation or placed on the Union market. The importer may make the proof of certification available to the public or to any person who requests proof of certification in the course of business.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
