Single producer
1. When filing an application for registration of a geographical indication, the single producer referred to in Article 8(2) of Regulation (EU) 2023/2411 shall provide appropriate explanations and evidence to prove that the cumulative conditions specified in that Article are fulfilled.
2. If a protected geographical indication, consists of, or contains the name of the holding of the single producer, this shall not prevent other producers from using that name provided that they comply with the product specification.
Notification of the application for registration
The Office shall inform the Commission about all applications for registration received under Regulation (EU) 2023/2411 within one month after their submission.
Existing names
1. The information obligation of an interested Member State towards the Office under Article 70(2) of Regulation (EU) 2023/2411 shall be fulfilled by submitting to the Office, through the digital system or to its dedicated functional mailbox, the existing names the Member State wishes to register and protect under Regulation (EU) 2023/2411 and the corresponding applications in line with Article 70(4) of that Regulation.
2. The information obligation of an interested Member State towards the Commission under Article 70(2) of Regulation (EU) 2023/2411 shall be fulfilled by submitting to the Commission, to its dedicated functional mailbox, the existing names the Member State wishes to register and protect under Regulation (EU) 2023/2411.
3. Failure to complete any of the submissions outlined in paragraphs 1 and 2 by 2 December 2026 shall result in the information specified under Article 70(2) of Regulation (EU) 2023/2411 being considered as not filed.
4. The applications accompanying the existing names will be processed in accordance with Article 70(4) of Regulation (EU) 2023/2411.
Joint applications
1. In case the joint application concerns only Member States that got a derogation in accordance with Article 19(1) of Regulation (EU) 2023/2411, the joint application shall be submitted to the Office by one of the applicants.
2. In case the joint application concerns a Member State that got a derogation in accordance with Article 19(1) of Regulation (EU) 2023/2411 and another Member State under the standard procedure, the joint application shall be submitted to the Office by the competent authority of that Member State under the standard procedure.
3. In case the joint application concerns a Member State that got a derogation in accordance with Article 19(1) of Regulation (EU) 2023/2411 and a third country, the joint application shall be submitted to the Office by the applicant in the Member State.
4. The Office shall send any notification or decision to the competent authority of the Member State, to the applicant in the Member State or to the competent authority of the third country or the applicant in a third country which submitted to the Office a joint application for registration in accordance with Article 22(4) of Regulation (EU) 2023/2411 and paragraphs 1, 2 and 3 of this Article.
Product specification
1. The product specification, referred to in Article 9 of Regulation (EU) 2023/2411, when submitted to the Office according to Article 22 of that Regulation, when applicable, shall be provided on the form made available online by the Office and submitted to the Office through the digital system.
2. For procedures under Article 21, points (b) and (c), of Regulation (EU) 2023/2411, the Office shall make the product specification public in the Union register in the language as filed by the applicant.
Proof of origin
1. The product specification for a protected geographical indication shall contain the procedures which producers must have in place as regards the proof of origin concerning:
(a)
the product;
(b)
raw materials, if applicable; and
(c)
other items that, according to the product specification, are required to come from the defined geographical area.
2. Any restrictions on the origin of raw materials, if applicable, 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 9(1), point (d), of Regulation (EU) 2023/2411.
3. Producers shall have the ability:
(a)
to identify the supplier, quantity and origin of the raw material, if applicable, and/or products received, if any, and the recipient, quantity and destination of products supplied; and
(b)
to provide evidence that the product is manufactured in compliance with the production steps defined in the product specifications.
Description of several distinct products
1. Where the application for registration of a name or approval of an amendment refers to 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.
2. For the purposes of this Article, the term ‘distinct products’ means products that, although they use the same registered name, are differentiated when placed on the market or considered as different products by consumers. It may also refer to craft and industrial products covered by different classifications under the Combined Nomenclature referred to in Council Regulation (EEC) No 2658/87 ( 4 ) .
Presentation of the single document
1. In situations under Article 21, point (a) of Regulation (EU) 2023/2411, the competent authority of the Member State, in situations under Article 21, point (b) of Regulation (EU) 2023/2411, the applicant, and in situations under Article 21, point (c) of Regulation (EU) 2023/2411, the applicant or the competent authority of the third country, which submitted the single document to the Office, shall ensure that the single document is a faithful summary of the product specification and that there is no substantial divergence between them. Where an inconsistency is found after the registration of the geographical indication, in situations under Article 21, point (a) of Regulation (EU) 2023/2411, the competent authority of the Member State, in situations under Article 21, point (b) of Regulation (EU) 2023/2411, the applicant, and in situations under Article 21, point (c) of Regulation (EU) 2023/2411, the applicant or the competent authority of the third country, as applicable, shall take the necessary measures to remedy that inconsistency.
2. The names of the natural or legal persons included in the single document shall be published.
3. The single document shall be concise and not exceed 2 500 words, except in duly justified cases.
4. The single document shall be drawn up in accordance with Annex II to Regulation (EU) 2023/2411 and submitted through the digital system.
Accompanying documentation
The accompanying documentation shall be drawn up in accordance with the form made available online by the Office.
Definition of the geographical area in the application for registration
The geographical area shall be defined in a precise and unambiguous way, referring as far as possible to physical or administrative boundaries and where possible also providing a map.
Changes to the product specification in the course of the application procedure
1. If, following the exchanges referred to in Article 23(4) and 23(6) of Regulation (EU) 2023/2411 between the Office and the competent authority of the Member State concerned, changes are made to the product specification, the competent authority of that Member State shall update the single document and ensure that the electronic reference to the publication of the product specification leads to its updated version.
2. If the competent authority of the Member State considers that the changes to the product specification are substantial, thus affecting interests that had not been considered in the national opposition procedure carried out in accordance with Article 15 of Regulation (EU) 2023/2411, those changes shall be subject to an additional national opposition procedure. In that additional national opposition procedure, the competent authority of the Member State shall ensure that any natural or legal person with a legitimate interest, who is established or resident in the territory of that Member State and, affected by those changes, is allowed to submit an opposition before the updated version of the single document, adapted to the updated product specification, is communicated to the Office.
3. In the case of direct registrations, if, following the exchanges referred to in Article 14(8) and (9) of this Regulation, changes are made to the product specification, the applicant, shall update the single document.
4. If, following the exchanges referred to in paragraph 1, changes to the product specification are required for an application concerning a geographical indication originating in a third country, the applicant or competent authority of the third country, as applicable, shall update the single document and the product specification, and communicate those changes to the Office.
Examination procedure of the Office
1. In standard procedures, the Office shall focus its examination primarily on the single document, however, in the event of third-country applications and direct registrations, the Office shall cross-check the single document with the product specification to avoid possible differences.
2. In direct registrations, the Office shall examine the applications with the assistance of the single point of contact appointed by the Member States.
3. If an application does not meet the criteria referred to in Article 23(1) of Regulation (EU) 2023/2411, when addressing the observations under Article 23(6) of Regulation (EU) 2023/2411, the Office shall notify to the applicant and to the competent authority of the Member State from where the product originates, or in the case of direct registrations, the applicant, or, in the case of third-country applications, to the applicant or to the competent authority of the third country, as applicable, in the language the application was submitted, the following:
(a)
the grounds for possible rejection;
(b)
the deadline referred to in Article 23(6) of that Regulation for the rejection or correction or completion of the application or for the submission of comments;
(c)
information that the application will be rejected if it is not completed or corrected within the deadline.
4. In case the applicant decides to withdraw the application, in the standard procedure, the competent authority of the Member State, in the case of direct registrations, the applicant, and in the case of third-country applications, the applicant or the competent authority of the third country, as applicable, shall inform the Office, through the digital system, about the withdrawal of the application. Withdrawn applications shall be deemed not filed.
5. The decision, in accordance with Article 29(1) of Regulation (EU) 2023/2411, stating the grounds for rejection shall be notified, to the applicant and the competent authority of the Member State from where the product originates, or in the case of direct registrations, to the applicant, and in the case of third-country applications, to the applicant or the competent authority of the third country, as applicable.
6. If the Geographical Indications Division, as established by Article 34 of Regulation (EU) 2023/2411 (‘Geographical Indication Division’) decides to consult the Advisory Board during the examination procedure as referred to in Article 23(5) of that Regulation, the applicant and the competent authority of the Member State and the applicant or competent authority of the third country, as applicable, from where the product originates, shall be notified through the digital system, of such consultation and of the suspension of the examination period as referred to in Article 23(5) of Regulation (EU) 2023/2411.
7. The Geographical Indications Division shall notify the opinion of the Advisory Board to the applicant and the competent authority or single point of contact of the Member State, in the official Union languages of the respective Member States and to the applicant or competent authority of the third country, as applicable, from where the product originates in the official Union language of submission of the application for registration.
8. In addition to paragraph 3, in the case of direct registrations, the Office shall examine if the application complies with the requirements referred to in Articles 6 and 8 of Regulation (EU) 2023/2411.
9. In the case of direct registrations, pursuant to Article 20(2) of Regulation (EU) 2023/2411, when addressing the observations under Article 23(6) of Regulation (EU) 2023/2411, when needed, the Office shall send the request to the applicant to provide supplementary information. The Office shall also notify the single point of contact about the request.
10. In the case of direct registrations, pursuant to Article 20(5) of Regulation (EU) 2023/2411, the Office shall send through the digital system to the single point of contact its specific requests for clarification, shall indicate the specific aspects that the single point of contact is to examine and/or verify and shall indicate when a declaration is to be issued to verify that information. The Office in its examination shall rely on the declarations issued by the single point of contact.
11. In case of direct registrations, pursuant to Article 20 of Regulation (EU) 2023/2411, the Office shall archive all written communications with the single point of contact, that relate to the examination carried out by the Office.
Challenges to the national phase decision
The competent authorities of the Member States shall send the information referred to in Article 24(1) of Regulation (EU) 2023/2411 to the Office through the digital system in any of the official languages of the Union.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
