02024R1143 — EN — 18.03.2026 — 001.001
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REGULATION (EU) 2024/1143 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 11 April 2024 (OJ L 1143 23.4.2024, p. 1) |
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REGULATION (EU) 2026/471 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 24 February 2026 |
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26.2.2026 |
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REGULATION (EU) 2024/1143 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 11 April 2024
on geographical indications for wine, spirit drinks and agricultural products, as well as traditional specialities guaranteed and optional quality terms for agricultural products, amending Regulations (EU) No 1308/2013, (EU) 2019/787 and (EU) 2019/1753 and repealing Regulation (EU) No 1151/2012
TITLE I
GENERAL PROVISIONS
Article 1
Subject matter
This Regulation lays down the rules on the following quality schemes:
protected designations of origin and protected geographical indications for wine, protected designations of origin and protected geographical indications for agricultural products, including foodstuffs, as referred to in Article 5(1), point (c), and geographical indications for spirit drinks;
traditional specialities guaranteed and optional quality terms, as set out in Title III, Chapters 2 and 3 respectively, for agricultural products, including foodstuffs, as referred to in Article 51.
For the purpose of Titles I, II and V, with the exception of Chapter 5 of Title II, the term ‘geographical indications’ covers protected designations of origin and protected geographical indications for wine, protected designations of origin and protected geographical indications for agricultural products, including foodstuffs, as referred to in Article 5(1), point (c), and geographical indications for spirit drinks.
Article 2
Definitions
For the purposes of this Regulation, the following definitions apply:
‘wine’ means the products covered by Article 92(1) of Regulation (EU) No 1308/2013;
‘spirit drink’ means a spirit drink within the meaning of Article 2 of Regulation (EU) 2019/787;
‘labelling’ means, in respect of all products falling within the scope of this Regulation, labelling as defined in Article 2(2), point (j), of Regulation (EU) No 1169/2011;
‘production step’ means any stage of production, including of raw materials, or of processing, preparation or ageing, up to the point where the product is ready to be placed on the market;
‘operator’ means a natural or legal person who performs activities subject to one or more obligations provided for in the product specification;
‘processed product’ means a processed product, as defined in Article 2(1), point (o), of Regulation (EC) No 852/2004 of the European Parliament and of the Council ( 1 );
‘delegated body’ means a delegated body, as defined in Article 3, point (5), of Regulation (EU) 2017/625, which certifies compliance with the product specification for products designated by geographical indications or traditional specialities guaranteed;
‘generic term’ means the name of a product which, although relating to the place, region or country where a product was originally produced or placed on the market, has become the common name of a product in the Union;
‘plant variety denomination’ means a designation of a given variety, that is in common use or officially accepted in a national or Union catalogue in accordance with Council Directives 2002/53/EC ( 2 ), 2002/55/EC ( 3 ), 2008/90/EC ( 4 ) or Council Regulation (EC) No 2100/94 ( 5 ), in the language or languages in which it is used or listed at the date of application for the registration of the geographical indication concerned;
‘animal breed denomination’ means the name of a breed covered by Regulation (EU) 2016/1012 of the European Parliament and of the Council ( 6 ) that is listed in breeding books or breeding registers. For species not covered by that Regulation, it means the name of a breed which is listed in breeding books or breeding registers under national law. Such a name shall be in the language or languages in which it is listed at the date of application for the registration of the geographical indication concerned;
‘Combined Nomenclature’ means the goods nomenclature established by Article 1 of Regulation (EEC) No 2658/87.
For the purpose of Title II, the following definitions apply:
‘product specification’ means the document referred to in:
Article 94 of Regulation (EU) No 1308/2013 for wine;
Article 22 of Regulation (EU) 2019/787 for spirit drinks;
Article 49 of this Regulation for agricultural products;
‘single document’ means a document summarising the product specification and referred to in:
Article 95 of Regulation (EU) No 1308/2013 for wine;
Article 23 of Regulation (EU) 2019/787 for spirit drinks;
Article 50 of this Regulation for agricultural products.
Article 3
Data protection
TITLE II
GEOGRAPHICAL INDICATIONS
CHAPTER 1
General provisions
Article 4
Objectives
This Title provides for a unitary and exhaustive system of geographical indications, protecting the names of wine, spirit drinks and agricultural products having characteristics, attributes or reputation linked to their place of production, thereby:
ensuring that producers acting collectively have the necessary powers and responsibilities to manage the geographical indication concerned, including in order to respond to societal demands, such as for animal health and welfare, for products resulting from sustainable production in its three dimensions of economic, environmental and social value, and to operate and be competitive in the market;
contributing to fair competition and generating added value with the aim of sharing that added value across the marketing chain, in order to ensure a fair return for producers and a capacity to invest in the quality, reputation and sustainability of their products, as well as contributing to the achievement of rural development policy objectives by providing support to agricultural and processing activities, preserving know-how and promoting specific quality products due to the geographical area where they are produced;
ensuring that consumers receive reliable information and necessary guarantee of the origin, authenticity, quality, reputation and other characteristics linked to the geographical origin or the geographical environment of such products and can readily identify them in the marketplace including in electronic commerce;
ensuring the efficient and user-friendly registration of geographical indications taking into account the appropriate protection of intellectual property rights;
ensuring effective controls, enforcement and placing on the market throughout the Union, including in electronic commerce, thereby ensuring the integrity of the internal market; and
contributing to the effective protection of intellectual property rights related to such products in third country markets.
Article 5
Scope
This Title covers:
wine, as defined in Article 2(1), point (a);
spirit drinks, as defined in Article 2(1), point (b); and
agricultural products.
For the purposes of this Title, the term ‘agricultural products’ covers agricultural products, including foodstuffs and fishery and aquaculture products, listed under Chapters 1 to 23 of the Combined Nomenclature set out in Part two of Annex I to Regulation (EEC) No 2658/87, and the agricultural products under the Combined Nomenclature headings set out in Annex I to this Regulation, except wine and spirit drinks.
Article 6
Classification
Article 7
Sustainability
For the purpose of paragraph 1, ‘sustainable practice’ means a practice which contributes to one or more social, environmental or economic objectives, such as:
climate change mitigation and adaptation, the sustainable use and protection of landscapes, water and soil, the transition to a circular economy, including the reduction of food waste, pollution prevention and control, and the protection and restoration of biodiversity and ecosystems;
the production of agricultural products in ways that reduce the use of pesticides and manage risks resulting from such use, or that reduce the danger of antimicrobial resistance in agricultural production;
animal welfare;
a fair income for producers, diversification of activities, promotion of local agricultural production, and valorisation of the rural fabric and local development;
preservation of agricultural employment by attracting and sustaining young producers and new producers of products benefiting from a geographical indication;
improving working and safety conditions in agricultural and processing activities.
Article 8
Sustainability report
CHAPTER 2
Registration of geographical indications
Article 9
Applicant in the national stage of the procedure of registration
For the purposes of this Title, a single producer may be deemed to be an applicant producer group, where it is shown that all of the following conditions are fulfilled:
that producer is the only producer willing to submit an application for the registration of a geographical indication;
the geographical area concerned is defined on the basis of the link referred to in Article 49(1), point (f), of this Regulation, Article 94(1), point (i), of Regulation (EU) No 1308/2013 and Article 22(1), point (f), of Regulation (EU) 2019/787 and not on the basis of property boundaries; and
the geographical area concerned has characteristics which differ appreciably from those of neighbouring areas or the characteristics of the product are different from those produced in neighbouring areas or, with respect to geographical indications of a spirit drink, the spirit drink has a specific quality, reputation or other characteristic which is clearly attributable to its geographical origin.
Article 10
National stage of the procedure of registration
The application referred to in paragraph 1 shall comprise:
the product specification;
the single document; and
the accompanying documentation referred to in Article 12(1).
Article 11
Transitional national protection
Article 12
Accompanying documentation
The documentation accompanying the application for registration shall comprise:
where relevant, information explaining any proposed limitations on the use or on the protection of the geographical indication, and any transitional measures, proposed by the applicant producer group;
the name and contact details of the applicant producer group;
the name and contact details of one or more of the competent authorities, delegated or product certification bodies or natural persons verifying compliance with the product specification in accordance with:
Article 116a of Regulation (EU) No 1308/2013 as regards wine;
Article 39 of this Regulation as regards spirit drinks and agricultural products;
any other information deemed appropriate by the Member State concerned or by the applicant producer group where applicable.
Article 13
Application for registration at Union stage
For geographical indications concerning products originating in the Union, the application for registration shall comprise:
the single document;
the accompanying documentation referred to in Article 12(1), points (a), (b) and (c);
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;
any transitional period granted or proposed by the national authorities following the national examination and opposition procedure as well as information on the related admissible oppositions; and
the electronic publication reference to the up-to-date product specification.
For geographical indications concerning products originating outside the Union, the application for registration at Union stage shall comprise:
the product specification with its publication reference;
the single document;
the accompanying documentation referred to in Article 12(1), points (a), (b) and (c);
legal proof of protection of the geographical indication in its country of origin; and
a power of attorney where the applicant is represented by an agent.
Article 14
Submission of the application for registration at Union stage
Upon receiving a request from one or more Member States, 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 geographical indication by any Member State that so wishes.
A single producer of a third country shall meet the conditions set out in Article 9(3). A producer group of a third country shall be a producer group which works with a product, the name of which is proposed for registration.
A joint application for registration referred to in Article 9(4) shall be submitted by either:
one of the Member States concerned; or
an applicant of a third country, namely a producer group or a single producer, either directly or through the authorities of that third country.
Article 15
Examination by the Commission and publication for opposition
Article 16
National challenge to an application for registration
The Commission shall be exempted from the obligation to meet the deadlines to perform the examination referred to in Article 15(2) and to inform the Member State of the reasons for the delay where it receives a communication from that Member State, concerning an application for registration in accordance with Article 10(6), which:
informs the Commission that the decision referred to in Article 10(6) has been invalidated at national level by an immediately applicable but not final administrative or judicial decision; or
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.
Article 17
Union opposition procedure
Article 18
Notice of comments
Article 19
Grounds for opposition
An opposition lodged in accordance with Article 17 shall be admissible only if the opponent shows that:
the proposed geographical indication does not comply with the definition of the geographical indication or with the requirements referred to in this Regulation, Section 2 of Chapter I of Title II of Part II of Regulation (EU) No 1308/2013 or Article 3(4) and Chapter III of Regulation (EU) 2019/787 as applicable;
registration of the proposed geographical indication would be prevented by one or more of the circumstances referred to in Article 28, Article 29, Article 30 or Article 48(1); or
the registration of the proposed geographical indication would jeopardise the existence of a wholly or partially identical name or of a trade mark or the existence of products which have been legally on the market for at least five years preceding the date of the publication of the information provided for in Article 15(4).
Article 20
Transitional period for the use of geographical indications
For products originating in a Member State or a third country the designation of which consists of or contains a name that contravenes Article 26(1), the Commission may, by means of implementing acts, grant a transitional period of up to five years to enable the continued use of that designation, under which they were marketed, provided that an admissible opposition, under Article 10(4) or Article 17, to the application for registration of the geographical indication whose protection is contravened shows that:
the registration of the geographical indication concerned would jeopardise the existence of a wholly or partially identical name in the product designation; or
such products have been legally marketed with that name in the product designation in the territory concerned for at least five years preceding the publication provided for in Article 15(4).
The Commission may, by means of implementing acts, extend the transitional period granted under paragraph 1 up to a total period of 15 years or grant directly a transitional period of up to 15 years provided that it is also shown that:
the name in the designation referred to in paragraph 1 has been in legal use consistently and fairly for at least 25 years before the application for registration of the geographical indication concerned was submitted to the Commission;
the purpose of using the name in the designation referred to in paragraph 1 has not, at any time, been to profit from the reputation of the name of the product that has been registered as a geographical indication; and
the consumer has not been or could not have been misled as to the true origin of the product.
Article 21
Commission decision on the application for registration
Where the Commission receives an admissible opposition, it shall, following the procedure referred to in Article 17 and taking into account the results thereof:
adopt implementing acts registering the geographical indication 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 15(4) provided that such amendments are not substantial; or
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).
Article 22
Union register of geographical indications
As regards wine and agricultural products, unless specifically identified in the agreements referred to in the first subparagraph as protected designations of origin, the names of such products shall be entered in the Union register of geographical indications as protected geographical indications.
Article 23
Extracts from the Union register of geographical indications
Article 24
Amendments to a product specification
Amendments to a product specification shall be classified into two categories:
Union amendments, requiring an opposition procedure at Union level; and
standard amendments to be dealt with at Member State or third country level.
An amendment shall be considered as a Union amendment if it entails a change of the single document or its equivalent and:
includes a change:
for agricultural products, in the name or in the use of the name;
for wine, in the name or in the use of the name, or in the category of product or products designated by the geographical indication;
for spirit drinks, in the name or any part of the name or in the use of the name, or in the category of product or products designated by the geographical indication, or in the legal name; or
risks voiding the link to the geographical area referred to in the single document; or
entails further restrictions on the marketing of the product.
The criteria referred to in points (a), (b) and (c) shall be verified by Member States.
Article 25
Cancellation of the registration
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 geographical indication in the following cases:
where compliance with the requirements for the product specification can no longer be ensured; or
where no product has been placed on the market under the geographical indication for at least the preceding seven consecutive years.
Oppositions shall be admissible only if they show continued commercial reliance on the registered name by an interested natural or legal person.
CHAPTER 3
Protection of geographical indications
Article 26
Protection of geographical indications
Geographical indications entered in the Union register of geographical indications shall be protected against:
any direct or indirect commercial use of the geographical indication in respect of products not covered by the registration, where those products are comparable to the products registered under that name or where use of that geographical indication for any product or any service exploits, weakens, dilutes, or is detrimental to the reputation of, the protected name, including when those products are used as an ingredient;
any misuse, imitation or evocation, even if the true origin of the products or services is indicated or if the protected name is translated, transcribed or transliterated or accompanied by an expression such as ‘style’, ‘type’, ‘method’, ‘as produced in’, ‘imitation’, ‘flavour’, ‘like’ or similar, including when those products are used as an ingredient;
any other false or misleading indication as to the provenance, origin, nature or essential qualities of the product that is used on the inner or outer packaging, on advertising material, in documents or information provided on online interfaces relating to the product concerned, and the packing of the product in a container liable to convey a false impression as to its origin;
any other practice liable to mislead the consumer as to the true origin of the product.
The protection referred to in paragraph 1 shall also apply to:
goods entering the customs territory of the Union without being released for free circulation within that territory;
goods sold by means of distance selling, such as electronic commerce; and
goods intended for export to third countries.
Article 27
Use of geographical indications designating a product used as an ingredient in the name of a processed product
Without prejudice to Article 26 and Article 37(7) of this Regulation and to Articles 7 and 17 of Regulation (EU) No 1169/2011, the geographical indication designating a product used as an ingredient in a processed product may be used in the name of that processed product, or in its labelling, or in its advertising material where:
the processed product does not contain any other product comparable to the ingredient designated by the geographical indication;
the ingredient designated by the geographical indication is used in sufficient quantities to confer an essential characteristic on the processed product concerned; and
the percentage of the ingredient designated by the geographical indication in the processed product is indicated in the label.
Member States may provide, in line with the Treaties, for additional procedural rules concerning the producers of prepacked food established on their territory.
Article 28
Generic terms
To establish whether or not a term has become generic, account shall be taken of all relevant factors, in particular:
the existing situation in the areas of consumption;
the relevant national or Union legal acts.
Article 29
Homonymous geographical indications
For the purposes of this Article, a wholly or partially homonymous geographical indication applied for or protected in the Union refers to:
geographical indications that are entered in the Union register of geographical indications;
geographical indications that have been applied for provided that they are subsequently entered in the Union register of geographical indications;
appellations of origin and geographical indications protected in the Union in accordance with Regulation (EU) 2019/1753; and
geographical indications, names of origin and equivalent terms protected pursuant to an international agreement between the Union and one or more third countries.
Article 30
Trade marks
A name shall not be registered as a geographical indication where, in the light of a trade mark’s reputation and renown and the length of time that it has been used, registration of the name proposed as a geographical indication would be liable to mislead the consumer as to the true identity of the product.
Article 31
Relationship between geographical indications and trade marks
Article 32
Producer groups
A producer group shall be an association of producers of the same product or products, irrespective of its legal form. It shall meet the following criteria:
it performs tasks under this Regulation, including at least one task specified in paragraph 4;
it is set up voluntarily on the initiative of, and composed of, producers; and
it is organised democratically, controlled and scrutinised by its members.
Applicant producer groups shall meet those criteria no later than on the date of registration of the geographical indication concerned.
A producer of a product designated by a geographical indication shall have the right to join a producer group. Member States may restrict membership to certain categories of producers, taking into account the nature of the product covered by the producer group concerned.
A producer group may exercise in particular the following tasks:
develop the product specification, apply for registration, amendment and cancellation, and develop activities, including supporting its members with their own control systems to verify and ensure compliance with the product specification concerned;
engage in appropriate action to ensure protection of the geographical indication and of the intellectual property rights that are directly connected with it, including legal actions and filing applications for actions with customs authorities in accordance with Regulation (EU) No 608/2013 and preventing or countering any measures or marketing practices which are, or risk being, detrimental to the reputation or value of the geographical indication concerned;
represent its members in intellectual property enforcement networks and in relation to anti-counterfeiting bodies established at Union or national level;
agree sustainable practices as referred to in Article 7, whether included in the product specification or as a separate initiative, including arrangements for verification of compliance with those practices and assuring adequate publicity for them particularly in an information system provided by the Commission;
take action to improve the performance of the geographical indication, in terms of environmental, social and economic sustainability, including:
development, organisation and conduct of collective marketing and advertising campaigns;
dissemination of information and promotion activities aiming at communicating the attributes of the product designated by a geographical indication to consumers, including the development of tourism services in the relevant geographical area;
carrying out analyses into the economic, social or environmental performance, of production, nutritional profile, and organoleptic profile, of the product designated by the geographical indication;
dissemination of information on the geographical indication, the relevant Union symbol and the abbreviation (PDO or PGI); and
providing advice, training and dissemination of best practice guidelines to current and future producers, including on sustainable practices, in particular those provided for in Article 7, scientific-technical progress, digitalisation, gender mainstreaming and equality and raising awareness among consumers;
combat infringements and suspected fraudulent uses on the markets of products designated by geographical indications that are not in compliance with the product specification, by monitoring and verifying the use of the geographical indication across the internal market and on third country markets where the geographical indications are protected, including on online interfaces, and, as necessary, inform enforcement authorities using confidential systems where available;
take measures to enhance the value of products and, where necessary, take steps to prevent or counter any measures or commercial practices which are, or risk being, detrimental to the image and value of their products, including devaluating marketing practices and lowering prices.
Article 33
Recognised producer groups
Member States that apply the system referred to in paragraph 1 shall provide for the following criteria for a producer group to be recognised:
a certain legal form; and
fulfilment of one of the following conditions:
a minimum share of more than 50 % of the producers of the product as members; or
a minimum share of members among the producers of the product and a minimum share of more than 50 % of volume or value of marketable production.
Member States may provide for additional criteria, such as:
having at its disposal the necessary financial contributions of its members;
rules on the admission of members, on the termination of membership and on the infringement of membership obligations;
written statutes.
If a producer group ceases to fulfil the recognition criteria, the recognition shall be suspended or withdrawn.
Where a producer group is recognised under the system referred to in paragraph 1 of this Article, the recognised producer group shall be the only one entitled to:
exercise the tasks referred to in Article 32 on behalf of all producers producing the product designated by the geographical indication concerned, without prejudice to the right of individual producers to act to defend their interests;
receive a notification from a producer of prepacked food of the use of the geographical indication of an ingredient in the name of a prepacked food as referred to in Article 27(2);
request binding rules for the regulation of supply of products designated by a geographical indication in accordance with Article 166a(1) of Regulation (EU) No 1308/2013, including for a period of up to six years in accordance with Article 166a(4), point (c), of that Regulation;
establish standard value sharing clauses that may be used in accordance with Article 172a of Regulation (EU) No 1308/2013;
agree on sustainable practices, in accordance with Article 7 of this Regulation;
apply for approval of an amendment in accordance with Article 24(1) of this Regulation;
lodge a request of cancellation in accordance with Article 25(2) of this Regulation.
Member States may also provide that the recognised producer group is the only producer group entitled to exercise the tasks:
referred to in Article 32(4), points (a) and (d) where the effect of those tasks concerns all the producers of the product designated by the geographical indication concerned;
referred to in Article 32(4), points (b), (e) and (f) where those tasks are exercised at international, national or regional level, without prejudice to the possibility of the producers of the product designated by the geographical indication concerned to exercise those tasks at local level.
If such a recognised producer group does not meet the criteria set out in paragraph 2, it shall adapt to the relevant rules by 14 May 2026. If compliance is not achieved by that date, the Member State concerned shall either prolong that deadline once for a maximum of one year, or withdraw the recognition.
Article 34
Associations of producer groups
An association of producer groups may exercise in particular the following tasks:
participating in consultative bodies;
exchanging information with public authorities on geographical indication policy-related topics;
making recommendations to improve the development of geographical indication policies, in particular with regard to sustainability, the fight against fraud and counterfeiting, the creation of value among operators, competition rules and rural development;
promoting and disseminating best practices among producers on geographical indication policies;
taking part in promotion measures within the meaning of Regulation (EU) No 1144/2014.
Article 35
Protection of geographical indication in domain names
Article 36
Right to use
A registered geographical indication may be used by any operator marketing a product that complies with the corresponding product specification.
Member States shall ensure that operators are covered by the verification of compliance with the product specification established in accordance with Article 39 of this Regulation or Article 116a of Regulation (EU) No 1308/2013, as applicable.
In the event that a geographical indication consists of or contains the name of the estate of a single applicant producer, that shall not prevent other operators from using the registered geographical indication provided that it is used to designate a product that complies with the product specification.
Article 37
Union symbols, indications and abbreviations
The following Union symbols designed to mark and publicise geographical indications shall be established:
a symbol identifying protected designations of origin of agricultural products; and
a symbol identifying protected geographical indications of agricultural products. That symbol may also be used for geographical indications of spirit drinks.
The labelling requirements laid down in Article 13(1) of Regulation (EU) No 1169/2011 for the presentation of mandatory particulars shall apply to the geographical indication.
▼M1 —————
Where packaging or containers have as their largest surface that described in Article 16(2) of Regulation (EU) No 1169/2011, the indication of the name of the producer or operator shall be voluntary.
Agricultural products that are marketed under a geographical indication, which were labelled before 14 May 2026, may continue to be placed on the market without complying with the obligation to indicate the name of the producer or operator in the same field of vision as the geographical indication, until existing stocks are exhausted.
The abbreviations ‘PDO’ or ‘PGI’, corresponding to the indications ‘protected designation of origin’ or ‘protected geographical indication’, may appear in the labelling and advertising material of agricultural products designated by a geographical indication.
The following may also appear in the labelling:
depictions of the geographical area of origin referred to in the product specification; and
text, graphics or symbols referring to the Member State and the region in which that geographical area of origin is located provided that such references do not mislead the consumer as to the true identity or origin of the product.
CHAPTER 4
Controls and enforcement
Article 38
Scope
However, paragraph 2, first subparagraph, point (a), paragraph 3 and, as regards the verification of compliance with the product specification, paragraph 4 of this Article, and Articles 39, 40, 41 and 44 apply only to spirit drinks and agricultural products.
For the purposes of this Chapter, controls mean:
verification that a product designated by a geographical indication has been produced in compliance with the corresponding product specification; and
verification of the use of geographical indications in the market, including on online interfaces.
For the purposes of this Chapter, enforcement includes any action that aims to ensure compliance with Title II, Chapter 3, of this Regulation.
Article 39
Verification of compliance with the product specification
In addition to own controls referred to in paragraph 2, prior to placing on the market a product designated by a geographical indication and originating in the Union, verification of compliance with the product specification, shall be carried out by:
one or more competent authorities within the meaning of Article 3, point (3), of Regulation (EU) 2017/625; or
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.
In respect of geographical indications that designate products originating in a third country, the verification of compliance with the product specification, before placing the product concerned on the market, shall be carried out by:
one or more competent authorities designated by the third country; or
one or more product certification bodies.
The Commission shall adopt implementing acts concerning:
the communication to be made by third countries to the Commission, including on names and addresses of the competent authorities and product certification bodies;
the arrangements for monitoring and verifying the operations provided for in paragraph 5.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 88(2).
Article 40
Public information on competent authorities, delegated and product certification bodies and natural persons
Article 41
Accreditation of delegated and product certification bodies
The delegated bodies referred to in Article 39(3), point (b), and the product certification bodies referred to in Article 39(4), point (b), shall comply with and be accredited in accordance with either of the following standards as relevant for the delegated tasks:
Standard EN ISO/IEC 17065 ‘Conformity assessment — Requirements for bodies certifying products, processes and services’; or
Standard EN ISO/IEC 17020 ‘Conformity assessment — Requirements for the operation of various types of bodies performing inspection’.
Article 42
Verification of the use of geographical indications in the market and enforcement
Article 43
Obligations of providers on the online market
Article 44
Mutual assistance and exchange of information
Article 45
Attestation of compliance with the product specification
An operator whose product, following the verification of compliance referred to in Article 39 of this Regulation and Article 116a of Regulation (EU) No 1308/2013, is found to comply with the product specification of a geographical indication protected in accordance with this Regulation shall, on request, and depending on the system applied in the Member State concerned, be entitled to either:
an attestation, including by digital means, which may be a certified copy, certifying compliance of its production with the product specification; or
inclusion in a list of approved operators established by the competent authority, such as the list provided for in Article 39(1) of this Regulation or Article 116a of Regulation No 1308/2013, as applicable. The relevant extract of the list (‘listing’) shall be made available online to each approved operator.
CHAPTER 5
Designations of origin and geographical indications of agricultural products
Article 46
Designations of origin and geographical indications of agricultural products
A ‘designation of origin’ of an agricultural product is a name which identifies a product:
originating in a specific place, region or, in exceptional cases, a country;
whose quality or characteristics are essentially or exclusively due to a particular geographical environment with its inherent natural and human factors; and
the production steps of which all take place in the defined geographical area.
A ‘geographical indication’ of an agricultural product is a name which identifies a product:
originating in a specific place, region or country;
whose given quality, reputation or other characteristic is essentially attributable to its geographical origin; and
at least one of the production steps of which takes place in the defined geographical area.
Notwithstanding paragraph 1, certain names shall be registered as designations of origin even though the raw materials for the products concerned come from a geographical area larger than, or different from, the defined geographical area, provided that:
the production area of the raw materials is defined;
special conditions for the production of the raw materials exist;
there are control arrangements to ensure that the conditions referred to in point (b) are adhered to; and
the designations of origin concerned were recognised as designations of origin in the country of origin before 1 May 2004.
For the purposes of this paragraph, only live animals, meat and milk may be considered as raw materials.
Article 47
Specific rules on sourcing of feed and of raw materials, and on slaughtering
Article 48
Plant varieties and animal breeds
This Regulation shall not prevent the placing on the market of a product that does not conform with the product specification of a registered geographical indication, the labelling of which includes the name or part of the name of that geographical indication, that contains or comprises the plant variety or animal breed denomination, provided that the following conditions are met:
the product concerned comprises or is derived from the plant variety or animal breed indicated;
consumers are not misled;
the usage of the plant variety or animal breed denomination constitutes fair competition;
the usage of the plant variety or animal breed denomination does not exploit the reputation of the registered geographical indication; and
the production and marketing of the product concerned had spread beyond its area of origin prior to the date of application for registration of the geographical indication.
Article 49
Product specification
A product specification shall include at least:
the name to be registered as a designation of origin or geographical indication, as it is used in trade or in common language to describe the specific product in the defined geographical area;
a description of the product, including, where relevant, the raw materials, plant varieties and animal breeds concerned, including the commercial designation of the species and its scientific name, as well as the principal physical, chemical, microbiological or organoleptic characteristics of the product;
the definition of the geographical area delimited with regard to the link referred to in point (f)(i) or (ii) of this paragraph, and, where appropriate, details indicating compliance with the requirements of Article 46(3);
evidence that the product originates in the defined geographical area specified in accordance with Article 46(1), point (c), or Article 46(2), point (c);
a description of the method of obtaining the product and, where appropriate, the authentic and unvarying local methods; as well as information concerning packaging, if the applicant producer group so determines and gives sufficient product-specific justification as to why the packaging must take place in the defined geographical area to safeguard quality, to ensure the origin or to ensure control, taking into account Union law, in particular Union law relating to the free movement of goods and the free provision of services;
details establishing the following:
as regards a protected designation of origin, the link between the quality or characteristics of the product and the geographical environment referred to in Article 46(1), point (b). The details concerning human factors of that geographical environment may, where relevant, be limited to a description of the soil and landscape management, cultivation practices or any other relevant human contribution to the maintenance of the natural factors of the geographical environment referred to in that provision;
as regards a protected geographical indication, the link between a given quality, the reputation or other characteristic of the product and the geographical origin referred to in Article 46(2), point (b).
The product specification may also include:
sustainable practices as set out in Article 7;
any specific labelling rule for the product concerned;
other applicable requirements where provided for by Member States or by a producer group, if applicable, having regard to the fact that such requirements must be objective, non-discriminatory and compatible with Union and national law.
Article 50
Single document
The single document shall comprise:
the main points of the product specification, namely the name to be registered as a designation of origin or geographical indication, a description of the product, including, where appropriate, specific rules concerning packaging and labelling and a concise definition of the geographical area;
a description of the link between the product and the geographical environment or geographical origin referred to in Article 49(1), point (f), including, where appropriate, the specific elements of the product description or production method justifying that link.
TITLE III
TRADITIONAL SPECIALITIES GUARANTEED AND OPTIONAL QUALITY TERMS
CHAPTER 1
Scope
Article 51
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
Article 52
Objectives
A scheme for traditional specialities guaranteed (TSGs) is established to safeguard traditional methods of production and recipes by helping:
producers of traditional products in marketing and communicating the value-adding attributes of their traditional recipes and products to consumers;
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.
Article 53
Eligibility criteria
A name shall be eligible for registration as a traditional speciality guaranteed where it describes a product that:
results from a mode of production, processing or composition corresponding to traditional practice for that product; or
is produced from raw materials or ingredients traditionally used.
For a name to be registered as a traditional speciality guaranteed, it shall:
have been traditionally used to refer to the product; or
identify the traditional character of the product.
Article 54
Product specification
A product specification shall include at least:
the product name proposed for registration, in the appropriate language versions;
a description of the product including its main physical, chemical, microbiological or organoleptic characteristics;
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
the key elements establishing the product’s traditional character.
The product specification may also include labelling requirements.
Article 55
Producer groups
A producer group may exercise in particular the following tasks:
develop the product specification, apply for amendment and cancellation, manage the own controls of its members;
take action to improve the performance of the traditional specialities guaranteed;
develop information and promotion activities aiming at communicating the value-adding attributes of the product to the consumer;
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.
Article 56
National stage of the procedure of registration
An application for registration of a name as a traditional speciality guaranteed shall comprise:
the name and address of the applicant producer group;
the product specification as provided for in Article 54.
Article 57
Application for registration at Union stage
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:
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
for applications from third countries, a power of attorney where the applicant is represented by an agent.
Article 58
Submission of the application for registration at Union stage
A joint application for registration referred to in Article 56(1) shall be submitted by:
one of the Member States concerned; or
an applicant of a third country, namely a producer group or a single producer, either directly or through the authorities of that third country.
Article 59
Examination by the Commission and publication for opposition
Article 60
National challenge to an application for registration
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:
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
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.
Article 61
Union opposition procedure
Article 62
Grounds for opposition
An opposition lodged in accordance with Article 61 shall be admissible only if the opponent shows that:
the proposed traditional speciality guaranteed does not comply with the provisions of this Chapter; or
the registration of the name would jeopardise the existence of a wholly or partially identical name.
Article 63
Transitional periods for the use of traditional specialities guaranteed
Article 64
Commission decision on the application for registration
Where the Commission receives an admissible opposition, it shall, following the procedure referred to in Article 61 and taking into account the results thereof:
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
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).
Article 65
Union register of traditional specialities guaranteed
Article 66
Amendments to a product specification
Article 67
Cancellation of the registration
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:
where compliance with the product specification can no longer be ensured;
where no product is placed on the market under the traditional speciality guaranteed for at least the preceding seven consecutive years.
Oppositions shall be admissible only if they show continued commercial reliance on the registered name by an interested natural or legal person.
Article 68
Restriction on the use of registered traditional specialities guaranteed
Article 69
Exceptions for certain uses
The provisions of this Chapter shall be without prejudice to:
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;
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;
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.
Article 70
Union symbol, indication and abbreviation
Article 71
Participation in the traditional speciality guaranteed scheme
Article 72
Controls and enforcement
Controls of traditional specialities guaranteed mean:
verification that a product designated by a traditional speciality guaranteed has been produced in compliance with the corresponding product specification; and
verification of the use of traditional specialities guaranteed in the market.
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.
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:
one or more competent authorities within the meaning of Article 3, point (3), of Regulation (EU) 2017/625; or
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.
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:
one or more competent authorities designated by the third country; or
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.
Article 73
Accreditation of delegated and product certification bodies
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:
Standard EN ISO/IEC 17065 ‘Conformity assessment — Requirements for bodies certifying products, processes and services’; or
Standard EN ISO/IEC 17020 ‘Conformity assessment — Requirements for the operation of various types of bodies performing inspection’.
Article 74
Verification of the use of traditional speciality guaranteed in the market and enforcement
Article 75
Obligations of providers on the online market
Article 76
Mutual assistance and exchange of information
Article 77
Attestation of compliance with the product specification
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:
an attestation, which may be a certified copy, certifying compliance with the product specification; or
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.
CHAPTER 3
Optional quality terms
Article 78
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.
Article 79
National rules
Article 80
Optional quality terms
Optional quality terms shall satisfy the following criteria:
they relate to a characteristic of one or more categories of products, or to a farming or processing attribute which applies in specific areas;
their use adds value to the product as compared to products of a similar type; and
they have a Union dimension.
Article 81
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.
Article 82
Mountain product
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:
both the raw materials and the feed for farm animals come essentially from mountain areas;
in the case of processed products, the processing also takes place in mountain areas.
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.
Article 83
Restrictions on use and controls
TITLE IV
AMENDMENTS TO REGULATIONS (EU) No 1308/2013, (EU) 2019/787 AND (EU) 2019/1753
Article 84
Amendments to Regulation (EU) No 1308/2013
Regulation (EU) No 1308/2013 is amended as follows:
in Article 93(1), point (b) is replaced by the following
“geographical indication” means a name, including a traditionally used name, which identifies a product referred to in Article 92(1):
whose specific quality, reputation or other characteristics are attributable to its geographical origin;
as originating in a specific place, region or country;
as having at least 85 % of the grapes used for its production originating exclusively from that geographical area;
the production of which takes place in that geographical area; and
which is obtained from vine varieties belonging to Vitis vinifera or a cross between the Vitis vinifera species and other species of the genus Vitis;’;
Articles 94 and 95 are replaced by the following:
‘Article 94
Product specification
The product specification shall enable interested parties to verify the relevant conditions of production relating to the designation of origin or geographical indication. The product specification shall comprise:
the name to be protected;
the categories of grapevine products;
the type of geographical indication, being a protected designation of origin or a protected geographical indication;
a description of the wine or wines:
in respect of a designation of origin, the principal analytical and organoleptic characteristics;
in respect of a geographical indication, the principal analytical characteristics as well as an evaluation or indication of its organoleptic characteristics;
where applicable, the specific oenological practices used to make the wine or wines, as well as the relevant restrictions on making them;
the definition of the geographical area delimited with regard to the link referred to in point (i) of this paragraph;
the maximum yields per hectare;
an indication of the wine grape variety or varieties the wine or wines are obtained from;
the details on the link referred to in Article 93(1), point (a)(i), or, as the case may be, point (b)(i):
as regards a protected designation of origin, the link between the quality or characteristics of the product and the geographical environment referred to in Article 93(1), point (a)(i); the details concerning the human factors of that geographical environment may, where relevant, be limited to a description of the soil, plant material and landscape management, cultivation practices or any other relevant human contribution to the maintenance of the natural factors of the geographical environment referred to in that point;
as regards a protected geographical indication, the link between a specific quality, the reputation or other characteristic of the product and the geographical origin referred to in Article 93(1), point (b)(i);
other applicable requirements where provided for by Member States or, if applicable, by a recognised producer group, provided that such requirements are objective, non-discriminatory and compatible with Union and national law.
Article 95
Single document
The single document shall include the following:
the name to be protected as a designation of origin or a geographical indication;
the Member State or third country to which the demarcated area belongs;
the type of geographical indication;
a description of the wine or wines;
the categories of grapevine products;
the maximum yields per hectare;
the indication of the wine grape variety or varieties from which the wine or wines are obtained;
a concise definition of the demarcated geographical area;
a description of the link referred to in Article 94(1), point (i);
where applicable, the specific oenological practices used to make the wine or wines, as well as the relevant restrictions on making them;
where applicable, the specific rules concerning packaging and labelling as well as any other essential relevant requirements.
Articles 96 to 99 are deleted;
in Article 100, paragraphs 1 and 2 are deleted;
Articles 101 and 102 are deleted;
Article 103 is replaced by the following:
‘Article 103
Protection
Protected designations of origin and protected geographical indications referred to in this Regulation shall be protected in accordance with Articles 26 to 31, 35 and 36 of Regulation (EU) 2024/1143.’;
Articles 104 to 106 are deleted;
in Article 107, paragraphs 2, 3 and 4 are deleted;
Article 110 is replaced by the following:
‘Article 110
Implementing powers
The Commission may adopt implementing acts laying down rules concerning:
the form of the product specification;
the definition of the format and the online presentation of the single document referred to in Article 95;
the exclusion or anonymisation of personal data.
the following article is inserted:
‘Article 113a
Relationship with designations of origin and geographical indications
in Part II, Title II, Chapter I, Section 2, Subsection 4 is replaced by the following:
Checks to verify compliance with the product specification for designations of origin and geographical indications and to verify conformity with the definition and conditions of the use of protected traditional terms, as well as on the enforcement of conditions for use of traditional terms
Article 116a
Checks
Each operator wishing to participate in any activity covered by the product specification of a product designated by a designation of origin or a geographical indication shall notify the competent authority or delegated bodies referred to in the first subparagraph. 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 designation of origin or geographical indication entered in the Union register of geographical indications originating in their territory.
The Commission shall adopt implementing acts concerning:
the communication to be made by the Member States to the Commission;
rules governing the authority responsible for verifying compliance with product specifications related to protected designations of origin and protected geographical indications, including where the geographical area is in a third country, and for verifying conformity with the definition provided for in Article 112 and, where relevant, the conditions of use of traditional terms;
the actions to be implemented by the Member States to prevent the unlawful use of protected traditional terms;
the checks for verification of compliance with the product specification to be carried out by the Member States, including testing.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).
in Article 120(1), the following point is added:
the abbreviations “PDO” or “PGI”, corresponding to the indications “protected designation of origin” or “protected geographical indication”.’;
Article 166a is amended as follows:
paragraph 1 is replaced by the following:
in paragraph 4, point (c) is replaced by the following:
may be made binding for no more than three years, except at the request of a recognised producer group as referred to in Article 33 of Regulation (EU) 2024/1143 where that period may be up to six years, but may be renewed after that period following a new request, as referred to in paragraph 1 of this Article;’;
in Article 231, the following paragraph is added:
Article 85
Amendments to Regulation (EU) 2019/787
Regulation (EU) 2019/787 is amended as follows:
in Article 3, points 6 and 7 are deleted;
Articles 16 and 21 are deleted;
in Article 22, the following paragraph is inserted:
Article 23 is replaced by the following:
‘Article 23
Single document
The single document shall contain the following:
the main points of the product specification, including the name to be protected, the category to which the spirit drink belongs or the term “spirit drink”, the production method, a description of the characteristics of the spirit drink, a concise definition of the geographical area, and, where appropriate, specific rules concerning packaging and labelling;
a description of the link between the spirit drink and its geographical origin as referred to in Article 3, point (4), including, where appropriate, the specific elements of the product description or production method justifying that link.’;
Articles 24 to 33 are deleted;
Article 34 is amended as follows:
paragraphs 1, 2 and 3 are deleted;
paragraph 4 is replaced by the following:
‘The protection of geographical indications under this Regulation shall be without prejudice to protected geographical indications and protected designations of origin of wine products under Regulation (EU) No 1308/2013.’;
Articles 35, 36, 38, 39 and 40 are deleted;
Article 42 is replaced by the following:
‘Article 42
Implementing powers
The Commission may adopt implementing acts concerning:
the form of the product specification;
the definition of the format and the online presentation of the single document provided for in Article 23;
the exclusion or anonymisation of personal data.
Annex I is amended as follows:
the following point is inserted:
Potato spirit
Potato spirit is a spirit drink produced exclusively by alcoholic fermentation and distillation of potato tubers at less than 94,8 % vol., so that the distillate has an aroma and taste derived from the raw materials used.
The maximum methanol content of potato spirit shall be 1 000 grams per hectolitre of 100 % vol. alcohol.
The minimum alcoholic strength by volume of potato spirit shall be 38 %.
No addition of alcohol, diluted or not, shall take place.
Potato spirit shall not be flavoured.
Potato spirit may only contain added caramel as a means of adjusting the colour.
Potato spirit may be sweetened in order to round off the final taste. However, the final product may not contain more than 10 grams of sweetening products per litre, expressed as invert sugar.’;
the following points are inserted:
Bread spirit
Bread spirit is a spirit drink produced exclusively by alcoholic fermentation and distillation at less than 86 % vol. of fresh bread, so that the resulting distillate has an aroma and taste derived from the raw materials used.
The minimum alcoholic strength by volume of bread spirit shall be 38 %.
No addition of alcohol, diluted or not, shall take place.
Bread spirit shall not be flavoured.
Bread spirit may only contain added caramel as a means of adjusting the colour.
Bread spirit may be sweetened in order to round off the final taste. However, the final product may not contain more than 20 grams of sweetening products per litre, expressed as invert sugar.
Birch sap spirit, maple sap spirit and birch and maple sap spirit
Birch sap spirit, maple sap spirit and birch and maple sap spirit are spirit drinks produced exclusively by the direct distillation of mash obtained from fermentation of fresh birch or maple sap or both under normal pressure to an alcohol content of less than 88 % by volume, so that the resulting distillate has organoleptic characteristics derived from birch or maple sap or both.
The minimum alcoholic strength by volume of birch sap spirit, maple sap spirit and birch and maple sap spirit shall be 38 %.
No addition of alcohol, diluted or not, shall take place.
Birch sap spirit, maple sap spirit and birch and maple sap spirit shall not be flavoured.
Birch sap spirit, maple sap spirit and birch and maple sap spirit may only contain added caramel as a means of adjusting the colour.
Birch sap spirit, maple sap spirit and birch and maple sap spirit may be sweetened in order to round off the final taste. However, the final product may not contain more than 20 grams of sweetening products per litre, expressed as invert sugar.’.
Article 86
Amendments to Regulation (EU) 2019/1753
Regulation (EU) 2019/1753 is amended as follows:
in Article 2, the following paragraph is inserted:
On the basis of the request referred to in the first subparagraph, the Member State concerned shall evaluate the economic interest in international protection of that geographical indication. Where that evaluation establishes such economic interest, that Member State shall request the Commission to register that geographical indication.
in Article 11, the following paragraph is inserted:
In respect of each appellation of origin originating in a Member State which is party to the Lisbon Agreement, for a product which does not fall within the scope of Regulation (EU) No 1151/2012 but which falls within the scope of Regulation (EU) 2024/1143, the Member State concerned shall, on the basis of a request by a natural person or legal entity referred to in point (ii) of Article 5(2) of the Geneva Act or by a beneficiary as defined in point (xvii) of Article 1 of the Geneva Act, or on its own initiative, choose to request either:
the international registration of that appellation of origin under the Geneva Act within 12 months from the date of its registration under Regulation (EU) 2024/1143, if that Member State has ratified or acceded to the Geneva Act pursuant to the authorisation referred to in Article 3 of Decision (EU) 2019/1754; or
the cancellation of the registration of that appellation of origin in the International Register.
In the case of the request referred to in point (a) of the first subparagraph, the Member State concerned shall notify the Commission of the choice referred to in that subparagraph within one month from the date of registration of that appellation of origin under Regulation (EU) 2024/1143 and, in the case of the request referred to in point (b) of that subparagraph by 14 May 2025.
In the situations referred to in point (a) of the first subparagraph, the Member State concerned shall, in coordination with the Commission, verify with the International Bureau whether there are any modifications to be made under Rule 7(4) of the Common Regulations for the purpose of registration under the Geneva Act. The Commission shall, by means of an implementing act, authorise the Member State concerned to provide for the necessary modifications and to notify the International Bureau thereof. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 15(2) of this Regulation.
If the request for registration under Regulation (EU) 2024/1143 is refused and related administrative and judicial remedies have been exhausted, or if the request for registration under the Geneva Act has not been made, the Member State concerned shall, without delay, request the cancellation of the registration of that appellation of origin in the International Register.’.
TITLE V
DELEGATION OF POWERS, PROCEDURAL, TRANSITIONAL AND FINAL PROVISIONS
Article 87
Exercise of the delegation
Article 88
Committee procedure
Article 89
Transitional provision for the classification of geographical indications
The classification referred to in Article 6(1) of geographical indications registered or applied for before 13 May 2024 shall be made in accordance with the table set out in Annex III.
Article 90
Transitional provisions for pending applications and registered names
Article 91
Transitional provisions for the national opposition procedure for geographical indications
The following transitional provisions shall apply:
by way of derogation from Article 84, point (3), of this Regulation, Article 96(3), second subparagraph, of Regulation (EU) No 1308/2013 shall continue to apply until 31 December 2024;
by way of derogation from Article 85, point (5), of this Regulation, Article 24(6), first subparagraph, of Regulation (EU) 2019/787 shall continue to apply until 31 December 2024;
by way of derogation from Article 94 of this Regulation, Article 49(3), first subparagraph, of Regulation (EU) No 1151/2012 shall continue to apply until 31 December 2024.
Article 92
Transitional provisions for national geographical indications
Article 93
Continuity of the registers
Article 94
Repeal
Regulation (EU) No 1151/2012 is repealed.
Article 95
Correlation table
References to the repealed Regulation (EU) No 1151/2012 and references to the deleted provisions as referred to in Articles 84 and 85 of this Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table set out in Annex IV to this Regulation.
Article 96
Repeal or replacement of delegated and implementing acts
The Commission shall repeal or replace, as appropriate, the delegated and implementing acts adopted on the basis of Regulation (EU) No 1151/2012 or on the basis of the provisions referred to in Articles 84 and 85 of this Regulation, to the extent necessary to bring them in conformity with the empowerments provided for in this Regulation.
Article 97
Entry into force and date of application
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
It shall apply from 13 May 2024.
However, Article 10(4) and (5), Article 39(1) and Article 45 shall apply from 1 January 2025.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX I
Agricultural products referred to in Article 5(1), point (c)
Products
CN Heading 25.01 (salt)
CN Heading 32.03 (cochineal)
CN Heading 33.01 (essential oils)
CN Headings 35.01 to 35.05 (albuminoidal substances, modified starches, glues)
CN Headings 41.01 to 41.03 (hides and skins)
CN Heading 43.01 (raw furskins)
CN Heading 45.01 (cork)
CN Headings 50.01 to 50.03 (raw silk and silk waste)
CN Headings 51.01 to 51.03 (wool and animal hair)
CN Headings 52.01 to 52.03 (raw cotton, waste and cotton carded or combed)
CN Heading 53.01 (raw flax)
CN Heading 53.02 (raw hemp)
ANNEX II
Foodstuffs and agricultural products referred to in Article 51
Traditional specialities guaranteed
prepared meals,
beer,
chocolate and derived products,
bread,
pastry and cakes,
confectionery,
biscuits and other baker’s wares,
beverages made from plant extracts,
pasta,
salt,
aerated waters,
cork.
ANNEX III
Table of correspondence concerning classification as referred to in Article 89
|
Existing product classification |
Combined Nomenclature headings corresponding to the existing product classification |
|
Wines |
CN 22 04 |
|
Spirit drinks |
CN 22 08 |
|
Class 1.1. Fresh meat (and offal) |
CN 02 |
|
Class 1.2. Meat products (cooked, salted, smoked, etc.) |
CN 16 |
|
Class 1.3. Cheeses |
CN 04 06 |
|
Class 1.4. Other products of animal origin (eggs, honey, various dairy products except butter, etc.) |
CN 04 |
|
Class 1.5. Oils and fats (butter, margarine, oil, etc.) |
CN 15 |
|
Class 1.6. Fruit, vegetables and cereals fresh or processed |
CN 07; CN 08; CN 10; CN 11; CN 20 |
|
Class 1.7. Fresh fish, molluscs, and crustaceans and products derived therefrom |
CN 03; CN 16 |
|
Class 1.8. Other products listed in Annex I to the Treaty (spices, etc.) |
Class 1.8 covers diverse headings of the combined nomenclature |
|
Class 2.1. Beer |
CN 22 03 |
|
Class 2.2. Chocolate and derived products |
CN 18 06 |
|
Class 2.3. Bread, pastry, cakes, confectionery, biscuits and other baker’s wares |
CN 19 05 |
|
Class 2.4. Beverages made from plant extracts |
CN 22 05; CN 22 06 |
|
Class 2.5. Pasta |
CN 19 02 |
|
Class 2.6. Salt |
CN 25 01 |
|
Class 2.7. Natural gums and resins |
CN 13 01 |
|
Class 2.8. Mustard paste |
CN 21 03 |
|
Class 2.9. Hay |
CN 12 14 90 |
|
Class 2.10. Essential oils |
CN 33 01 |
|
Class 2.11. Cork |
CN 45 01 |
|
Class 2.12. Cochineal |
CN 32 03 |
|
Class 2.13. Flowers and ornamental plants |
CN 06 02; CN 06 03; CN 06 04 |
|
Class 2.14. Cotton |
CN 52 01 |
|
Class 2.15. Wool |
CN 51 01 |
|
Class 2.16. Wicker |
CN 14 01 |
|
Class 2.17. Scutched flax |
CN 53 01 21 |
|
Class 2.18. Leather |
CN 41 |
|
Class 2.19. Fur |
CN 43 01 |
|
Class 2.20. Feather |
CN 05 05 |
|
Class 2.21. Aromatised wines |
CN 22 05 |
|
Class 2.22. Other alcoholic beverages |
CN 22 06 |
|
Class 2.23. Beeswax |
CN 15 21 90 |
ANNEX IV
Correlation table
|
This Regulation |
Regulation (EU) No 1151/2012 |
Regulation (EU) No 1308/2013 |
Regulation (EU) 2019/787 |
|
Article 1 |
— |
— |
— |
|
Article 2 |
Article 3 |
Article 101(1), second subparagraph |
Article 3(6) and (7) |
|
Article 3 |
— |
— |
— |
|
Article 4 |
Articles 1 and 4 |
— |
— |
|
Article 5 |
Article 2 |
Article 99(3) |
— |
|
Article 6 |
— |
— |
— |
|
Article 7 |
— |
— |
— |
|
Article 8 |
— |
— |
— |
|
Article 9 |
Article 49(1) |
Article 95, in the version of Regulation (EU) No 1308/2013 in force on 12 May 2024 |
Article 24(1), (2), (3) and (4), first subparagraph |
|
Article 10(1) |
Article 49(2) |
Article 96(2) |
Article 24(5), first subparagraph |
|
Article 10(2) |
Article 8(1) |
Article 94(1), in the version of Regulation (EU) No 1308/2013 in force on 12 May 2024 |
Article 23(1), in the version of Regulation (EU) 2019/787 in force on 12 May 2024 |
|
Article 10(3) |
Article 49(2) |
Article 96(3), first subparagraph |
Article 24(5), second subparagraph |
|
Article 10(4) and (5) |
Article 49(3), first subparagraph |
Article 96(3), second subparagraph |
Article 24(6), first subparagraph |
|
Article 10(6) |
Article 49(4) |
Article 96(5), first subparagraph |
Article 24(7), first subparagraph |
|
Article 10(7) |
Article 49(4) |
— |
Article 24(7), second and third subparagraphs |
|
Article 10(8) |
— |
— |
Article 24(4), third subparagraph |
|
Article 11 |
Article 9 |
— |
Article 25 |
|
Article 12 |
— |
— |
— |
|
Article 13(1) |
Article 8(2) and Article 49(4), first subparagraph |
Article 96(5), second and third subparagraphs |
Article 23(2), in the version of Regulation (EU) 2019/787 in force on 12 May 2024, and Article 24(7), first and fourth subparagraphs |
|
Article 13(2) |
Article 8(1) |
— |
Article 23(1), in the version of Regulation (EU) 2019/787 in force on 12 May 2024 |
|
Article 13(3) |
— |
— |
— |
|
Article 13(4) |
Article 49(6) |
— |
Article 24(9) |
|
Article 13(5) |
Article 49(7) |
— |
— |
|
Article 14 |
— |
— |
— |
|
Article 14(2) |
Article 49(5) |
— |
Article 24(8) |
|
Article 14(3) |
— |
— |
Article 24(4), second subparagraph |
|
Article 14(4) |
Article 50(1), third subparagraph |
Article 97(1) |
Article 26(1), second subparagraph |
|
Article 15(1), (2) and (3) |
Article 50(1) |
Article 97(2) |
Article 26(1), first subparagraph |
|
Article 15(4) |
Article 50(2) |
Article 96(4), first subparagraph |
Article 26(2) |
|
Article 16(1) |
Article 49(8) |
Article 96(6) |
— |
|
Article 16(2), (3) and (4) |
Article 50(3) |
Article 97(3) |
— |
|
Article 17 |
Article 51 |
Article 98 |
Article 27 |
|
Article 18 |
— |
— |
— |
|
Article 19 |
Article 10 |
— |
Article 28 |
|
Article 20 |
Article 15 |
— |
Article 29 |
|
Article 21(1) |
Article 52(1) |
Article 97(4), second subparagraph |
Article 30(1) |
|
Article 21(2), (3) and (5) |
Article 52(2), (3) and (4) |
Article 99(1) and (2) |
Article 30(2), (3) and (4) |
|
Article 21(4) |
— |
— |
— |
|
Article 22 |
Article 11 |
Article 104 |
Article 33 |
|
Article 23 |
— |
— |
— |
|
Article 24 |
Article 53 |
Article 105 |
Article 31 |
|
Article 25 |
Article 54 |
Article 106 |
Article 32 |
|
Article 26 |
Article 13 |
Article 103 |
Article 21 |
|
Article 27 |
— |
— |
— |
|
Article 28(1) |
Article 6(1) |
Article 101(1), first subparagraph |
Article 35(1), first subparagraph |
|
Article 28(2) |
Article 41(2) |
Article 101(1), third subparagraph |
Article 35(2), second subparagraph |
|
Article 29(1) and (2) |
Article 6(3) |
Article 100(1) and (2) |
Article 34(1) and (2) |
|
Article 29(3) and (4) |
— |
— |
— |
|
Article 30 |
Article 6(4) |
Article 101(2) |
Article 35(2) |
|
Article 31(1), (2) and (3) |
Article 14 |
Article 102 |
Article 36 |
|
Article 31(4) |
— |
— |
— |
|
Article 31(5) |
Article 12(5) |
— |
— |
|
Article 32 |
Article 45 |
— |
— |
|
Article 33 |
— |
— |
— |
|
Article 34 |
— |
— |
— |
|
Article 35 |
— |
— |
— |
|
Article 36 |
Article 12(1) and Article 46 |
— |
— |
|
Article 37(1) |
Article 44 |
— |
Article 16 |
|
Article 37(2) |
Article 12(2) |
— |
— |
|
Article 37(3) |
Article 12(3) |
— |
— |
|
Article 37(4) |
— |
— |
— |
|
Article 37(5) |
— |
— |
— |
|
Article 37(6) |
Article 12(3) |
— |
— |
|
Article 37(7) |
— |
— |
— |
|
Article 37(8) |
— |
— |
— |
|
Article 37(9) |
Article 12(4) |
— |
— |
|
Article 37(10) |
Article 12(6) |
— |
— |
|
Article 37(11) |
Article 12(7) |
— |
— |
|
Article 38(1) |
Article 35 |
— |
— |
|
Article 38(2) |
Article 36(3) |
— |
— |
|
Article 39(1) |
— |
— |
Article 38(1) |
|
Article 39(3) |
Article 37(1) |
— |
Article 38(2) |
|
Article 39(4) |
Article 37(2) |
— |
Article 38(3) |
|
Article 39(6) |
— |
— |
Article 38(2), second subparagraph |
|
Article 39(7) |
— |
— |
Article 38(2), third subparagraph |
|
Article 40(1) |
— |
— |
Article 38(4), first subparagraph |
|
Article 40(2) |
Article 37(3) |
— |
Article 38(4), second subparagraph |
|
Article 41 |
Article 39 |
— |
Article 38(5) |
|
Article 42(1) |
— |
— |
Article 39(2), second subparagraph |
|
Article 42(2) |
— |
— |
Article 39(1) |
|
Article 42(3) |
Article 13(3) |
— |
Article 39(2), first subparagraph |
|
Article 42(4) and (5) |
— |
— |
— |
|
Article 43 |
— |
— |
— |
|
Article 44 |
— |
— |
— |
|
Article 45 |
— |
— |
— |
|
Article 46(1) |
Article 5(1) |
— |
— |
|
Article 46(2) |
Article 5(2) |
— |
— |
|
Article 46(3) |
Article 5(3) |
— |
— |
|
Article 47(5) |
Article 5(4), second and third subparagraphs |
— |
— |
|
Article 48(1) and (2) |
Article 6(2) |
— |
— |
|
Article 48(3) |
Article 42(1) |
— |
— |
|
Article 48(4) |
Article 42(2) |
— |
— |
|
Article 49 |
Article 7 |
— |
— |
|
Article 50(1) |
Article 8(1)(c) |
— |
— |
|
Article 50(2) |
Article 49(7), second subparagraph |
— |
— |
|
Article 51 |
Article 2(1), first subparagraph |
— |
— |
|
Article 52 |
Article 17 |
— |
— |
|
Article 53 |
Article 18 |
— |
— |
|
Article 54 |
Article 19 |
— |
— |
|
Article 55 |
Article 45 |
— |
— |
|
Article 56(1) |
Article 49(1) |
— |
— |
|
Article 56(2) |
Article 20(1) |
— |
— |
|
Article 56(3) |
Article 49(2), (3) and (4), first subparagraph |
— |
— |
|
Article 56(4) |
Article 49(4), second and third subparagraphs |
— |
— |
|
Article 57(1) |
Article 20(1), point (b), and Article 20(2), point (a) |
— |
— |
|
Article 57(1), point (a) |
Article 20(2), point (b) |
— |
— |
|
Article 57(3) |
Article 49(7), second subparagraph |
— |
— |
|
Article 58 |
— |
— |
— |
|
Article 59 |
Article 50(1) and (2) |
— |
— |
|
Article 60 |
Article 50(3) |
— |
— |
|
Article 61 |
Article 51 |
— |
— |
|
Article 62 |
Article 21 |
— |
— |
|
Article 63 |
Article 24a |
— |
— |
|
Article 64 |
Article 52 |
— |
— |
|
Article 65 |
Article 22 |
— |
— |
|
Article 66 |
Article 53 |
— |
— |
|
Article 67 |
Article 54 |
— |
— |
|
Article 68 |
Article 24 |
— |
— |
|
Article 69 |
— |
— |
— |
|
Article 70 |
Article 23(2), (3) and (4) |
— |
— |
|
Article 71(1) |
Article 23(1) |
— |
— |
|
Article 71(2) |
Article 46(1) |
— |
— |
|
Article 72(1) |
Article 36(3) |
— |
— |
|
Article 72(6) |
Article 37(1), first subparagraph |
— |
— |
|
Article 72(7), first subparagraph |
Article 37(2) |
— |
— |
|
Article 72(7), second subparagraph |
Article 37(1), second subparagraph |
— |
— |
|
Article 72(9) |
Article 37(3) |
— |
— |
|
Article 73 |
Article 39 |
— |
— |
|
Article 74 |
— |
— |
— |
|
Article 75 |
— |
— |
— |
|
Article 76 |
— |
— |
— |
|
Article 77 |
— |
— |
— |
|
Article 78 |
Article 27 |
— |
— |
|
Article 79 |
Article 28 |
— |
— |
|
Article 80 |
Article 29 |
— |
— |
|
Article 81 |
Article 30 |
— |
— |
|
Article 82 |
Article 31 |
— |
— |
|
Article 83(1), (2) and (3) |
Article 33 |
— |
— |
|
Article 83(4) |
Article 34 |
— |
— |
|
Article 84 |
— |
— |
— |
|
Article 85 |
— |
— |
— |
|
Article 86 |
— |
— |
— |
|
Article 87 |
Article 56 |
— |
— |
|
Article 88 |
Article 57 |
— |
— |
|
Article 89 |
— |
— |
— |
|
Article 90 |
— |
— |
— |
|
Article 91 |
— |
— |
— |
|
Article 92 |
— |
— |
— |
|
Article 93 |
Article 58 |
— |
— |
|
Article 94 |
— |
— |
— |
|
Article 95 |
— |
— |
— |
|
Article 96 |
Article 59 |
— |
— |
|
Annex I |
Annex I, point I |
— |
— |
|
Annex II |
Annex I, point II |
— |
— |
|
Annex III |
— |
— |
— |
( ) Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs (OJ L 139, 30.4.2004, p. 1).
( ) Council Directive 2002/53/EC of 13 June 2002 on the common catalogue of varieties of agricultural plant species (OJ L 193, 20.7.2002, p. 1).
( ) Council Directive 2002/55/EC of 13 June 2002 on the marketing of vegetable seed (OJ L 193, 20.7.2002, p. 33).
( ) Council Directive 2008/90/EC of 29 September 2008 on the marketing of fruit plant propagating material and fruit plants intended for fruit production (OJ L 267, 8.10.2008, p. 8).
( ) Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights (OJ L 227, 1.9.1994, p. 1).
( ) Regulation (EU) 2016/1012 of the European Parliament and of the Council of 8 June 2016 on zootechnical and genealogical conditions for the breeding, trade in and entry into the Union of purebred breeding animals, hybrid breeding pigs and the germinal products thereof and amending Regulation (EU) No 652/2014, Council Directives 89/608/EEC and 90/425/EEC and repealing certain acts in the area of animal breeding (‘Animal Breeding Regulation’) (OJ L 171, 29.6.2016, p. 66).
( ) Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services (OJ L 241, 17.9.2015, p. 1).
( ) Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re-use of public sector information (OJ L 172, 26.6.2019, p. 56).
( ) Regulation (EU) No 608/2013 of the European Parliament and of the Council of 12 June 2013 concerning customs enforcement of intellectual property rights and repealing Council Regulation (EC) No 1383/2003 (OJ L 181, 29.6.2013, p. 15).
( ) Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December 2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) and repealing Council Regulation (EC) No 1698/2005 (OJ L 347, 20.12.2013, p. 487).
( *1 ) Regulation (EU) 2024/1143 of the European Parliament and of the Council of 11 April 2024on geographical indications for wine, spirit drinks and agricultural products, as well as traditional specialities guaranteed and optional quality terms for agricultural products, amending Regulations (EU) No 1308/2013, (EU) 2019/787 and (EU) 2019/1753 and repealing Regulation (EU) No 1151/2012 (OJ L, 2024/1143, 23.4.2024, ELI: http://data.europa.eu/eli/reg/2024/1143/oj)’;
( *2 ) Commission Implementing Regulation (EU) 2019/34 of 17 October 2018laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards applications for protection of designations of origin, geographical indications and traditional terms in the wine sector, the objection procedure, amendments to product specifications, the register of protected names, cancellation of protection and use of symbols, and of Regulation (EU) No 1306/2013 of the European Parliament and of the Council as regards an appropriate system of checks (OJ L 9, 11.1.2019, p. 46).’;
( *3 ) Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) (OJ L 95, 7.4.2017, p. 1).’;
( *4 ) Regulation (EU) 2024/1143 of the European Parliament and of the Council of 11 April 2024on geographical indications for wine, spirit drinks and agricultural products, as well as traditional specialities guaranteed and optional quality terms for agricultural products, amending Regulations (EU) No 1308/2013, (EU) 2019/787 and (EU) 2019/1753 and repealing Regulation (EU) No 1151/2012 (OJ L, 2024/1143, 23.4.2024, ELI: http://data.europa.eu/eli/reg/2024/1143/oj)’;
( *5 ) Regulation (EU) 2024/1143 of the European Parliament and of the Council of 11 April 2024on geographical indications for wine, spirit drinks and agricultural products, as well as traditional specialities guaranteed and optional quality terms for agricultural products, amending Regulations (EU) No 1308/2013, (EU) 2019/787 and (EU) 2019/1753 and repealing Regulation (EU) No 1151/2012 (OJ L, 2024/1143, 23.4.2024, ELI: http://data.europa.eu/eli/reg/2024/1143/oj)’;