Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on geographical indication protection for craft and industrial products and amending Regulations (EU) 2017/1001 and (EU) 2019/1753 of the European Parliament and of the Council and Council Decision (EU) 2019/1754 - General approach

Council of the European Union Brussels, 24 November 2022 (OR. en)

14703/22

Interinstitutional File: 2022/0115(COD) i

PI 152 COMPET 890 MI 816 IND 469 AGRI 630 IA 185 CODEC 1736

NOTE

From: Permanent Representatives Committee (Part 1)

To: Council

No. prev. doc.: 14240/22

No. Cion doc.: 8205/22 + ADD1-5

Subject: Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND

OF THE COUNCIL on geographical indication protection for craft and industrial products and amending Regulations (EU) 2017/1001 and (EU) 2019/1753 of the European Parliament and of the Council and Council Decision (EU) 2019/1754 - General approach

• I. 

  INTRODUCTION

• 1. 

  On 13 April 2022, the Commission submitted the above-mentioned proposal for a Regulation of the European Parliament and the Council on geographical indication protection for craft

  and industrial products 1 . The proposal is based on the first subparagraph of Article 118 and on

  Article 207(2) of the Treaty on the Functioning of the European Union (TFEU).

1 8205/22 ADD 1-5.

• 2. 

  The aim of the proposal is to establish geographical indications protection for craft and industrial products at Union level, thereby ensuring fair competition for producers of these products in the internal market. The proposal will safeguard and develop cultural heritage and ensure the availability to consumers of reliable information on such products. The proposal aims at incentivising innovation and investment in craftmanship, by helping artisans and producers, particularly SMEs, sometimes working in niche markets, to promote and protect their traditional know-how at Union level. As a geographical indication raises the visibility of the product and the region, the proposal will benefit not only producers, but also related sectors, such as tourism, and help to promote and retain skills and jobs in Europe’s regions. At international level, the proposal will allow the Union to comply with its obligations under the Geneva Act of the Lisbon Agreement on Appellations of Origins and Geographical

  Indications to which the Union acceded in 2019, and in doing so would therefore allow Union producers to benefit fully from that system.

• 3. 

  The European Economic and Social Committee adopted an opinion on the proposal on

  21 September 2022 2 . The European Committee of the Regions adopted its opinion on 11 October 2022 3 . The European Data Protection Supervisor (EDPS) provided its opinion on 2 June 2022 4 .

• 4. 

  In the European Parliament, the Committee on Legal Affairs (JURI) has not yet voted on its report.

II. WORK CONDUCTED IN COUNCIL PREPARATORY BODIES

• 5. 

  The examination of the proposal was a priority for the French Presidency, with a first meeting of the Working Party on Intellectual Property on 3 May 2022. The examiniation intensified

  further under the Czech Presidency, with the objective of reaching a general approach at the Council (Competitiveness) meeting on 1 December 2022.

2 13199/22.

3 13964/22.

4 10159/22.

• 6. 

  The impact assessment accompanying this proposal was examined at two Working Party meetings. That examination showed that most delegations generally supported the aim of the proposal, as well as the methods, criteria and policy options identified by the Commission.

• 7. 

  The compromise text set out in the Annex reflects the continuous efforts of the Presidency and the Member States to strike a balance between the different positions of delegations,

  while maintaining the objectives of the Commission proposal. Changes compared to the Commission proposal are marked in bold underlined or strikethrough.

• 8. 

  At its meeting on 16 November 2022, the Permanent Representatives Committee (Coreper) endorsed the compromise text 5 and agreed to forward it to the Council (Competitiveness) of 1 December 2022, with a view to agreeing a general approach.

III. MAIN ELEMENTS OF THE COMPROMISE

(a) Scope

• 9. 

  The EU has long-standing sui generis protection of geographical indications (GI) for wines, spirit drinks, aromatised wines, agricultural products and foodstuffs, but so far there has been no GI protection for craft and industrial products at EU level. The proposed Regulation aims at filling this gap and is therefore closely linked to the ongoing reform of the GI system for agricultural products. The respective scope of the two sets of legislation needs to be carefully aligned as regards the products covered. To that end, the compromise text of the draft

  Regulation defines craft and industrial products, covering products that fall outside the scope of the existing regulations in the agricultural sector.

• 10. 

  As regards the territorial link required for a product to be eligible for protection under the draft Regulation, the compromise maintains the concept of the Commission proposal to apply the concept of ‘protected geographical indications’ (PGI), requiring that at least one of the stages of the production, processing or preparation of the product takes place in the defined geographical area of origin.

5 14240/22.

(b) Applicant

• 11. 

  A geographical indication for craft and industrial products is a collective right accessible to be used by all eligible producers in a designated geographical area who comply with the product specification.

• 12. 

  Producers acting collectively can make use of synergies when managing their geographical indications. Therefore, producer groups traditionally play a crucial role in the management of GIs and in the establishment of product specifications. To reflect this important role of

  producer groups, under the compromise text, applications for registration of geographical indications should therefore, as a general rule, be submitted by a producer group.

• 13. 

  However, by way of exception, a single producer, a local or regional authority or a private entity designated by a Member State, may be an applicant if, for instance, it is not feasible for the producers to form a group due to their number, geographical location or for organisational reasons.

  (c) Registration procedures

• 14. 

  To obtain protection, geographical indications for craft and industrial products are to be registered at Union level.

  • i. 

    Standard procedure

• 15. 

  As the standard procedure for obtaining such registration, the draft Regulation provides for a two-phase system, where a first examination of the GI application and the product

  specification is undertaken by national authorities, and the European Union Intellectual Property Office (EUIPO), in a second phase, is in charge of the Union level examination of the application and the registration of the title.

• 16. 

  The involvement of national authorities in the first phase enables optimal use to be made of local and regional expertise necessary to assess the product specification. It also makes it

  easier for local artisanal producers, which are often small or micro businesses, to communicate and interact with an administration they are familiar with and to receive any necessary guidance and support in their own language.

• 17. 

  Tasking the EUIPO with the second phase of the procedure and with the actual registration of the GI builds on the recognised experience of the EUIPO as the EU’s specialised agency in

  handling the registration of other intellectual property rights at EU level.

  • ii. 

    Derogation from the standard procedure: direct registration

• 18. 

  Some Member States do not have an established tradition and there is a low level of local interest in these countries in protecting craft and industrial products by geographical

  indications. Those Member States therefore do not have administrative structures in place for managing the national phase of the registration procedures. For these reasons, the draft Regulation provides for the possibility that Member States who fulfil certain conditions can be granted a derogation from the obligation to run the national phase of the procedures. Any application for the registration of a GI from a Member State that has been granted with such a derogation is then submitted directly to the EUIPO.

• 19. 

  Given that direct registration with the EUIPO is meant to be an exception to the standard procedure, the compromise text maintains the concept of the Commission proposal to allow for this derogation only under specific conditions and, for legal certainty, on the basis of a Commission decision.

  (d) Relationship with other rights

• 20. 

  The relationship between geographical indications and trade marks is an important element of the draft Regulation. In this context, delegations considered it important that the protection of geographical indications needs to be balanced against the protection of trademarks with a

  reputation and of well-known marks, in particular in light of the fundamental right to property

  set out in the Charter of Fundamental Rights. The compromise text clarifies that any

  application for a registration of a GI or of a trademark that would be in breach of this balance

  constitutes a ground for opposition or, in case a GI or a trade mark was erroneously registered

  in breach of that balance, a ground for cancellation.

• 21. 

  The detailed provisions on domain names in the Commission proposal were a matter of significant concern for many delegations, who took the view that the administrative burden arising from the proposed domain name information and alert system and the obligations put on domain name registries would be disproportionate. To accommodate these concerns, in the compromise text Articles 31 and 41 have been deleted, while clarifying as a general

  obligation in Article 35 that the protection of GIs provided by this Regulation shall also apply to any use of a domain name.

  (e) Controls

• 22. 

  Based on extensive discussions, the compromise text provides for a lighter control system than suggested in the Commission proposal, with significant simplification and streamlining, with a reduced involvement of public authorities and a stronger role for producers.

• 23. 

  A lighter verification system, based on self-declaration, has been introduced as the default procedure in order to limit additional administrative burden on national authorities. As an alternative system for the verification of compliance, Member States may provide for controls by a competent authority or a designated third party before and after a product is put on the market.

• 24. 

  The obligation of monitoring by Member State authorities of the use of geographical indications in the market was an issue of intense discussion. Under the compromise text, such monitoring is based on risk analysis, and, if available, notifications by interested producers of GI products.

  (f) Fees

• 25. 

  The compromise text sets out a balanced regime of fees taking into account the need to foster the competitiveness of producers of geographical indications and the situation of micro, small or medium-sized enterprises. Member States will have the possibility to charge fees for the

  national phase of the standard procedure, thereby covering their costs in the management of the system, and to collect fees or charges to cover the costs of controls. The EUIPO will not charge any fee for the Union phase of the standard procedure, though it will do so in relation to direct registrations, third-country applications and appeals.

  (g) Geneva Act

• 26. 

  The proposed Regulation aims at establishing a connection between the GI protection system for craft and industrial products at EU level and protection under the WIPO Lisbon system, in accordance with the Geneva Act of the Lisbon Agreement on Appellations of Origins and

  Geographical Indications. To that end, the Commission text proposed amendments to Council

  Decision (EU) 2019/1754 on the accession of the Union to the Geneva Act and to Regulation

  (EU) 2019/1753 on the action of the Union following its accession to the Geneva Act.

• 27. 

  While the proposed amendments to Regulation (EU) 2019/1753 have to be adopted according to the Ordinary Legislative Procedure, the proposed amendment to Decision (EU) 2019/1754 requires for its adoption the consent of the European Parliament. The amendment to the

  Council Decision has therefore been deleted from the text of this draft Regulation, and the Commission has submitted, on 17 November 2022, a separate proposal for amending the Council Decision 6 . In terms of substance, both acts form part of an interlinked package, and it is therefore suggested that the timing of the final adoption and the entry into application of both acts be aligned.

IV. CONCLUSION

• 28. 

  In the light of the above, the Council (Competitiveness) is invited to agree a general approach on the basis of the text set out in the Annex, and to mandate the Presidency to enter into

  negotiations with the European Parliament.

6 14918/22.

ANNEX

2022/0115 (COD) i Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on geographical indication protection for craft and industrial products and amending Regulations (EU) 2017/1001 and (EU) 2019/1753 of the European Parliament and of the

Council and Council Decision (EU) 2019/1754

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 118(1), as well as Article 207(2), thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee 1 ,

Having regard to the opinion of the Committee of the Regions 2 ,

Acting in accordance with the ordinary legislative procedure,

Whereas:

1 OJ C […], […], p. […].

2 OJ C […], […], p. […].

• (1) 

  On 10 November 2020, the Council adopted conclusions 3 on intellectual property policy indicating that it was ready to consider the introduction of a system for specific

  geographical indication protection of non-agricultural products, based on a thorough impact assessment of its potential costs and benefits.

• (2) 

  In its Communication of 25 November 2020 entitled ‘Making the most of the EU’s innovative potential – An intellectual property action plan to support the EU’s recovery and resilience’, the Commission committed itself to considering, based on an impact assessment, whether to propose a Union system of geographical indications (GIs) protection for nonagricultural products.

(2a) (moved from recital (6)) In order for the Union to be able to exercise fully its exclusive competence in relation to the common commercial policy of the Union, and in full

compliance with its commitments under the Agreement on the Trade-Related Aspects of Intellectual Property Rights (TRIPS) of the World Trade Organization, Oon 26 November 2019, the Union acceded to the 2015 Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications 4 (‘the Geneva Act’), which is administered by the World Intellectual Property Organization (WIPO). The Geneva Act offers a means to obtain protection of geographical indications, regardless of the nature of the goods to which they apply, and therefore includesing handicrafts and industrial products. In order to comply fully with these international obligations, ensuring uniform recognition and protection throughout the Union for geographical indications for craft and industrial products is therefore a priority for the Union.

3 Council conclusions on intellectual property policy and the revision of the industrial designs system in the Union, 10 November 2020 (OJ C 379 I, 10.11.2020, p. 1).

4 OJ L 271, 24.10.2019, p. 15.

• (3) 

  For many years, geographical indication protection has been established at Union level for wines 5 , spirit drinks 6 , aromatised wines 7 , as defined at Union level, as well as agricultural products and foodstuffs 8 , as protected at Union level. It is appropriate to provide Union-wide geographical indication protection in respect of products falling outside the scope of existing regulations, while ensuring convergence, and aiming at encompassing a large variety of craft and industrial products, such as natural stones, woodwork, jewellery, textiles, lace, cutlery, glass, and porcelain, hides and skins and raw cotton.

5 Regulation (EU) No 1308/2013 i of the European Parliament and of the Council of 17

December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72 i, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (OJ L 347, 20.12.2013, p. 671).

6 Regulation (EU) 2019/787 of the European Parliament and of the Council of 17 April 2019 on the definition, description, presentation and labelling of spirit drinks, the use of the

names of spirit drinks in the presentation and labelling of other foodstuffs, the protection of geographical indications for spirit drinks, the use of ethyl alcohol and distillates of agricultural origin in alcoholic beverages, and repealing Regulation (EC) No 110/2008 i (OJ L 130, 17.5.2019, p. 1).

7 Regulation (EU) No 1308/2013 i of the European Parliament and of the Council of 17

December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72 i, (EEC) No 234/79, (EC) No 1037/2001 i and (EC) No 1234/2007 (OJ L 347, 20.12.2013, p. 671).Regulation (EU) No 251/2014 i of the European Parliament and of the Council of 26 February 2014 on the definition, description, presentation, labelling and the protection of geographical indications of aromatised wine products and repealing Council Regulation (EEC) No 1601/91 i (OJ L 84, 20.3.2014, p. 14). Geographical indication protection in relation to aromatised wines was repealed by Regulation (EU) 2021/2117 of the European Parliament and of the Council of 2 December 2021, amending Regulations (EU) No 1308/2013 i establishing a common organisation of the markets in agricultural products, (EU) No 1151/2012 on quality schemes for agricultural products and foodstuffs, (EU) No 251/2014 on the definition, description, presentation, labelling and the protection of geographical indications of aromatised wine products and (EU) No 228/2013 laying down specific measures for agriculture in the outermost regions of the Union (OJ L 435, 6.12.2021, p. 262).

8 Regulation (EU) No 1151/2012 i of the European Parliament and of the Council of

21 November 2012 on quality schemes for agricultural products and foodstuffs (OJ L 343, 14.12.2012, p. 1).

• (4) 

  Several Member States have national regimes for the protection of national geographical indications for craft and industrial products. These regimes differ in terms of protection, administration and fees, and do not offer protection beyond the national territory. Other Member States do not provide for geographical indication protection at national level for such products. That complex landscape of various protection regimes at Member States level may result in increased costs and legal uncertainty for producers and be a disincentive to investment in the traditional crafts in the Union.

(4a) (moved from recital (7)) Making geographically linked products is often based on local know-how and follows local production methods that are rooted in the cultural and social heritage of the home region of such products. Efficient intellectual property protection has the potential to contribute to increased profitability and attractiveness of the traditional craft professions. Specific geographical indication protection is acknowledged recognised, so as to safeguard and develop cultural heritage both in the agricultural and the craft and industrial areas. Efficient procedures should thus be established for the registration of Union

geographical indications protecting the names of craft and industrial products, which take into account regional and local specificities. The geographical indication system for craft and industrial products should ensure that the production and marketing traditions are maintained and enhanced.

• (5) 

  Unitary Uniform protection throughout the Union for thise intellectual property rights related to geographical indications can could contribute to incentives for incentivise the production of quality products, the wide availability of such products for consumers and the creation of valuable and sustainable jobs, including notably in rural and less-developed regions. In particular, in view of the potential of geographical indications to contribute to sustainable and highly skilled jobs in rural and less developed regions, producers should aim at to createing a substantial proportion of the value of the product designated by a

  geographical indication within the defined geographical area.

• (6) 

  (moved to recital (2a))

• (7) 

  (moved to recital (4a))

• (8) 

  It is therefore necessary, to firstly, to ensure fair competition for producers of craft and industrial products in the internal market; secondly, to guarantee ensure the availability to consumers of reliable information pertaining to such products; thirdly, to safeguard and develop cultural heritage and traditional know-how; fourthly, to ensure an efficient

  registration of geographical indications for craft and industrial products, at both for the Union and at international level; fifthly, to provide for an effective enforcement controls of intellectual property rights geographical indications for craft and industrial products throughout the internal marketUnion and, including in electronic commerce within the internal market;, and lastly, ensure the to establish a link with the international registration and protection system based on the Geneva Act.

• (9) 

  (deleted)

• (10) 

  (moved to recital (62a))

• (11) 

  (moved to recital (62b))

(11a) Geographical indications for craft and industrial products, which have characteristics, attributes or a reputation linked to their place of production or manufacturing, are a

collective right accessible to be used by all eligible producers in a designated area willing to adhere to a product specification, in accordance with this Regulation. Producers acting collectively have more market power than individual producers and can make use of synergies when managing their geographical indications. Geographical indications reward producers for their efforts to produce a diverse range of quality products.

(11b) Applications for registration of geographical indications should therefore be submitted by producer groups. By way of exception, a local or regional authority or a private

entity designated by a Member State may be an applicant if it is not feasible for the producers to form a group, for example, due to their number, geographical location or organisational characteristics. In such cases, the application for registration of a geographical indication should state these reasons for such designation.

(11c) The system of geographical indications aims at enabling consumers to make more informed purchasing choices and, in this context, labelling and advertising helps them to identify correctly quality products on the market. Geographical indications, as an intellectual property right, help operators and companies to valorise their intangible assets. To avoid creating unfair conditions of competition and to sustain the internal market, any producer, including a third-country producer, should be able to use a registered name and to market products designated as geographical indications

throughout the Union and in electronic commerce, provided that the product concerned complies with the requirements of the relevant specification and that the producer is subject to a system of controls.

(11d) A product is eligible for protection as a geographical indication if it complies with three cumulative criteria: the product should be rooted in or have its origin in a

specific place, region, locality or country; at least one of the production steps should take place in this geographical area; and the given quality, reputation or other characteristic of the product is essentially attributable to this geographical origin. To fulfil these criteria, it needs to be demonstrated that the geographical origin is an essential factor in the quality, reputation or other characteristic of the product. These criteria are in line with the requirements for geographical indications as set out in the Geneva Act and in Union legislation on the protection of geographical indications for agricultural products, foodstuff, wine and spirits. However, products that are contrary to public policy should be excluded from being the subject of a ‘protected geographical indication’. The necessity to apply the public policy exception should be assessed on a case-by-case basis, and the exception should be applied in accordance with the Treaty on the Functioning of the European Union and the relevant case law of the Court of Justice of the European Union.

• (12) 

  [Where applicable, the information included in the single document shall should be made available through the Digital Product Passport as set out by the Regulation …/…

  establishing a framework for ecodesign requirements for sustainable products and repealing Directive 2009/125/EC i 9 .]

• (13) 

  (moved to recital (54a))

9 [Final wording of this recital subject to outcome of negotiations on COM(2022)142 final i of 30.3.2022.]

• (14) 

  To qualify for obtain protection in the Member States, geographical indications should be registered only at Union level only. However, with effect from the date of application for such registration at Union level, Member States should be able to grant temporary protection at national level without affecting the internal market of the Union or international trade.

  (deleted sentence integrated into recital 19a) The standard procedure for an application for registration of a geographical indication under this Regulation should comprise two phases: Member States should be responsible for the first phase and the European Union Intellectual Property Office (‘the Office’) should be responsible for the second phase. Where a Member State has been granted a derogation from the standard procedure, it should be possible for an applicant from that Member State to submit an application for registration directly to the Office. The protection afforded by this Regulation upon registration should be equally available to geographical indications of third countries that meet the corresponding criteria and that are protected in their country of origin. The Office should carry out the corresponding procedures for geographical indications originating in third countries.

• (15) 

  The procedures for registration, amendments to the product specification and cancellation of the registration in respect of geographical indications originating in the Union under this

  Regulation should be carried out by the Member States and the Office. The Member States and the Office should respectively be responsible for the distinct stages of the those procedures. Member States should be responsible for the first stage phase (i.e. the national phase), which consists of receiving the application from the applicants, assessing it, running the national opposition procedure, and, following the positive results of the assessment completion of the first phase, submitting the Union application to the Office to launch the second phase. Member States should establish the detailed procedural arrangements for the national phase, which may include consultations between the applicant and national opponents, as well as the submission by the applicant of a report on the outcome of these consultations, and of any changes made to the application. The Office should be responsible for examining the applications in the second stage phase of the procedure (i.e. the Union phase), running the worldwide opposition procedure and taking a decision on granting or refusing the protection to the geographical indication. The Office should also carry out the corresponding procedures for geographical indications originating in third countries, without prejudice to the direct registration procedure.

• (16) 

  In order to facilitate the management of GI geographical indication applications by national authorities, it should be possible for two or more Member States to: (i) cooperate in the management of the national phase of the procedures, including those procedures for registration, examination, national opposition, submission of the Union application to the Office, amendments to the product specification and cancellation of the registration,; and (ii) decide that one of them manages these procedures also on behalf of the other Member State or Member States concerned. In those cases, all the these Member States concerned should, without delay, inform the Commission accordingly without delay, providing the necessary information.

• (17) 

  Under certain circumstances, iIt is should be possible for certain Member States to obtain a derogation from the Member States’ obligation to designate a national authority in respect of geographical indications for craft and industrial products to take charge of run the

  national phase of the procedures for registration, including national opposition, amendments to the product specification and cancellation of the registration under certain circumstances specified in this Regulation. That derogation, that should take the form of a Commission Decision, should takes into account the fact that certain Member States do not have a specific national system for the management protection of geographical indications for craft and industrial products, and that the local interest in these countries to protect these geographical indications is minimal., and that, Uunder these circumstances, it would not be justified to oblige the respective Member State in question to set up an all the infrastructure needed, employ the necessary personnel and purchase facilities for the management of these geographical indications. It is would be more effective efficient and economical costeffective to provide an alternative procedure path for the producer groups from these Member States to protect their products, by a geographical indication. The namely a ‘direct registration procedure’ with the Office. This alternative has would also yield c ost advantages reaped by for Member States. (remaining sentences of recital 17 moved to recitals 18a and 18b)

• (18) 

  The Commission, after reviewing the information provided by the Member State, should adopt a Commission Ddecision establishing the right of the Member State to opt for the exceptional direct registration procedure. The Commission, when examining a request for a derogation, should assess all relevant circumstances, including for instance the

  number of existing protected products, the number of potentially interested producers and producer groups in the respective Member State, the size of the population of the respective Member State, information on sales, manufacturing capacities, markets for the products in question, and other data that the Member State considers as relevant information to demonstrate low interest at national level. Information gathered via a public consultation, a market survey, market analysis, or letters from relevant professional chambers or from any other relevant official instances may for instance be used by the Commission to take a decision. Accordingly, the The Commission should retain the right to modify and or to withdraw a Ddecision allowing a Member State to opt for the ‘direct registration procedure’, should the conditions not cease to be met by the Member State concerned. This is, for example, would be the case should the number of direct applications submitted by applicants from that Member State exceed, in a recurrent manner over time, the original number estimated by that Member State in a recurrent manner over time.

(18a) (moved from recital (17)) Pursuant to this derogation, procedures for registration, amendments to the product specification and cancellation should be managed directly by the Office. In this regard, the Office should receive the effective assistance of the administrative authorities of that the Member State concerned when required neeeded by the Office, through designation of a national single point of contact point, as regards, in particular, aspects related to the examination of the application. The single point of contact should have the necessary expertise and local knowledge on geographical indications. The single point of contact, when assisting the Office, may consult other experts with product- and/or sector-specific knowledge. In those cases, the Office should be entitled to charge a registration fee, considering that this procedure generates more work for the Office than the management of Union applications. (deleted final sentence moved to recital 57a)

(18b) (moved from recital (17)) However, the application of the ‘direct registration procedure’ should not exempt Member States from the obligation to designate a competent authority for the controls and enforcement and to take the necessary actions to enforce the rights set out in this Regulation.

• (19) 

  To ensure coherent consistent decision-making as regards applications for protection and judicial challenges against them, submitted in the national procedure, the Office should be informed in a timely and regular manner when of procedures are launched before national courts or other bodies concerning an application for registration forwarded submitted by the competent authority of a Member State to the Office, and of their final results. For the

  same reason, where a Member State considers that a national decision on which the application for protection is based is likely to be invalidated as a result of national judicial proceedings, it should inform the Office of that assessment the competent authority should keep the Office informed of any national administrative and judicial proceedings against the said competent authority’s decision that may affect the registration of a geographical indication. If the Member State requests the suspension of the examination of an application at Union level, the Office should be exempted from the obligation to meet the deadline for examination established therein. In order to protect the applicant from vexatious legal actions and to preserve the applicant’s right to secure the protection of a name within a reasonable time, the exemption should be limited to cases in which the application for registration has been invalidated at national level by an immediately applicable but not final judicial decision or in which the Member State considers that the action to challenge the validity of the application is based on valid grounds.

(19a) With effect from the date of the submission of an application by a Member State for registration at Union level, Member States should be able to grant temporary

protection to a geographical indication at national level prior to the completion of the Union phase, without affecting the internal market or the Union’s trade policy. Temporary national protection is not possible in the event of direct registration.

• (20) 

  To allow operators, whose interests are affected by the registration of a name geographical indication, to continue to use that the name of the geographical indication for a limited

  period of time, while contravening the protection regime, specific derogations for the use of the such names in the form of for transitional periods should be granted by the Office. Such transitional periods can also be allowed in order to overcome temporary difficulties, and with the long-term objective of ensuring that all producers comply with the product specification. Without prejudice to the rules governing conflicts between geographical indications and trademarks, names, which that would otherwise contravene the protection of a geographical indication, may continue to be used under certain conditions and for a transitional period.

• (21) 

  The Commission should, in duly justified cases, have the right to take over from the Office the power to decide concerning on individual applications for registration, on amendments to the product specification or on cancellation. Any Member State or the Office may

  request the Commission to exercise this prerogative. The Commission may also act on its own initiative. The Office should in any event remain responsible for the examination of the file, the opposition procedure, when needed, and, based on technical considerations, it shall should submit a proposal provide a draft for an implementing act to the Commission. Any Member State or the Office may request the Commission to exercise this prerogative. The Commission may also act on its own initiative.

(21a) (moved from recital (24)) For the optimal functioning of the internal market, it is important that producers and other operators concerned, authorities and consumers may have quickly and easyily have access to the relevant information concerning a registered protected

geographical indications.

• (22) 

  To ensure transparency and uniformity across Member States, it is necessary to establish and maintain an electronic Union register of geographical indications for craft and industrial

  products (‘the Union register’). The register should be an electronic database stored within an information system, and should be that is accessible to the public. The Union register of geographical indications for craft and industrial products should be developed, kept and maintained by the Office, and also the personnel for its operation should be provided by the Office.

• (23) 

  The Union negotiates international agreements, including those concerning the protection of geographical indications, with its trade partners. Protection of geographical indications for

  craft and industrial products throughout the Union can also stem from those such agreements, irrespective of the international registrations provided for under the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications or the application and of the registration system set out in this Regulation. In order to facilitate the provision to the public of information about the gGeographical indications protected in the Union either by virtue of the international registrations provided under the Geneva Act or by virtue of the under international agreements with the Unionʼs trade partners, should be entered in the Union register in order to facilitate the provision of information to the public and, in particular, to ensure protection and control of the use to which those geographical indications are put, those geographical indications should be entered in the Union register of geographical indications for craft and industrial products.

• (24) 

  (moved to recital (21a))

• (25) 

  It is necessary to ensure that parties that are Any party adversely affected by a decisions made by of the Office are protected by the law should have the right of appeal. To that end, provision should be made to allow for an appeal of decisions of the Office, taken in proceedings under this Regulation, before an appeal body before the Boards of Appeal of the Office. A Boards of Appeal of the Office should decide on the appeal. Decisions of the Boards of Appeal should, in turn, be amenable to actions are, in turn, subject to judicial remedy before the General Court of the European Union, which has jurisdiction to annul or to alter the contested decision.

• (26) 

  (deleted)

• (27) 

  It is necessary to establish an An Advisory Board, which is a pool of experts, composed of representatives experts from Member States and the Commission., should be established The purpose of the Advisory Board is to provide the necessary local knowledge and

expertise concerning certain products and knowledge about the local circumstances that may influence the outcome of the procedures laid down in this Regulation. In order to support the

Office on in its assessment of individual applications at any stage of the examination, opposition, appeal or other procedures with specific technical knowledge, the Geographical Indications Division or the Boards of Appeal, at its own initiative or at the request of the Commission, should have the possibility to consult the Advisory Board. The consultation, when necessary, should also include a general opinion on assessing quality criteria, establishing the reputation and renown of the geographical indication, determining the generic nature of a name of the geographical indication, and assessing fair competition in commercial transactions and the risk of confusing consumers. The opinion of the Advisory Board should not be binding. The appointment procedure of the experts and the operation of the Advisory Board should be specified in the rules of procedure of the Advisory Board, approved adopted by the Management Board.

• (28) 

  Protection should be granted to names geographical indications included entered in the

  Union register of geographical indications for craft and industrial products, to ensure that they are used fairly and in order to prevent practices liable to mislead consumers, in particular as regards comparable products. To establish whether products are comparable to products protected by geographical indications, account should be taken of all relevant factors. Those factors should include: whether the products have common objective characteristics, such as method of production, physical appearance or use of the same raw material; under which circumstances the products are utilised from the point of view of the relevant public; whether they are frequently distributed through the same channels; and whether they are subject to similar marketing rules. (remaining parts of recital (28) moved to recital (28a))

(28a) (moved from recital (28)) In order to strengthen geographical indication protection and to combat counterfeiting more effectively counterfeiting, the protection of geographical

indications should also apply to domain names on the internet. Concerning the protection of geographical indications, it It is also important to have due regard to the Agreement on Trade-Related Aspects of Intellectual Property Rights, and in particular Articles 22 and 23 thereof, and to the General Agreement on Tariffs and Trade, including Article V thereof, on freedom of transit, which were was approved by Council Decision 94/800/EC i 10 . Within such that legal framework, in order to strengthen geographical indication protection and to combat counterfeiting more effectively, such protection should also apply with regard to goods entering the customs territory of the Union without being released for free circulation, and placed under special customs procedures such as those relating to transit, storage, specific use or processing.

10 Council Decision 94/800/EC i of 22 December 1994 concerning the conclusion on behalf of the European Community, as regards matters within its competence, of the agreements

reached in the Uruguay Round multilateral negotiations (1986-1994) (OJ L 336, 23.12.1994,

• p. 

  1).

• (29) 

  Clarity is required on It should be ensured that the use of a geographical indication in the sale name of a manufactured product – that contains, as a part or a component, of which the product designated by the geographical indication is a part or component. It should be ensured that such use – is made in accordance with fair commercial practices and does not weaken, does not or dilute, nor is not detrimental to the reputation of, the product

  designated by the geographical indication. The consent of the producers group or the individual producer of the geographical indication concerned should be required to allow such use.

• (30) 

  Generic terms that are similar to, or form part of, a name or term that is protected by a geographical indication should retain their generic status. Homonymous names

  (‘homonyms’) that are liable to mislead the consumer as to the true identity or geographical origin of the product should not be registered as a geographical indication.

• (31) 

  (first sentence moved from recital (34)) The relationship between trade marks and geographical indications should also be clarified in relation to criteria for the rejection of trade mark applications, the invalidation of trade marks and the coexistence between trade marks and geographical indications. The protection of geographical indications needs to be balanced with against the protection of homonymous names registered as geographical indications as well as renowned trademarks with a reputation and of well-known marks, registered or unregistered, in particular in light of the fundamental right to property as set out in Article 17 of the Charter of Fundamental Rights of the European Union, as well as obligations resulting from international law. When assessing the relationship between a geographical indication and a trade mark, any continuity of the protection of a geographical indication established by registration or usage in a Member State, where the geographical indication has been transferred to Union protection in accordance with this Regulation, and any priority claimed in a trade mark application, shall be taken into account.

• (32) 

  Producer groups play an essential role in the application process for the registration of geographical indications, as well as in the amendments of to product specifications and in cancellation requests. They should be equipped with the necessary means to better identify and market better the specific characteristics of their products. The role of the producer groups should therefore be clarified specified.

• (33) 

  The relationship between internet domain names and geographical indications should be clarified as regards the scope of the application of the remedy measures, the recognition of geographical indications in dispute resolution, and the fair use of domain names. Persons having a legitimate interest in a registered geographical indication should be empowered to request for the revocation or the transfer of the domain name in case the conflicting domain name has been registered by its holder without rights or legitimate interest in the

  geographical indication or if it has been registered or is being used in bad faith and its use contravenes the protection of a geographical indication. Alternative dispute resolution procedures should not prejudice the possibility of bringing domain name disputes before a national court. Country-code top-level domain name registries established in the Union and offering alternative dispute resolution procedures to solve disputes relating to the registration of domain names should be encouraged to ensure that such procedures also cover geographical indications. Following an appropriate alternative dispute resolution procedure or judicial procedure, country-code top-level domain name registries established in the Union may revoke or transfer a domain name registered under a country-code top-level domain, where a domain name registration contravenes the protection of a geographical indication, or the domain name is being used in bad faith, or it has been registered by its holder without having a right or a legitimate interest in the geographical indication. (partly moved from Article 41)

• (34) 

  (moved to recital (31))

• (35) 

  In order to avoid creating unfair conditions for competition, any producer, including a thirdcountry producer, should be able to use a registered geographical indication, provided that the product concerned complies with the requirements of the relevant product specification, or single document or equivalent to the latter i.e. a complete summary of the product

  specification. The system set up by the Member States should also guarantee that producers complying with the rules are covered by the verification of compliance of the product specification.

• (36) 

  As it is the first time that an the Union-wide geographical indication protection system for craft and industrial product as provided for in this Regulation is new is implemented, it is important to raise awareness about this initiative among consumers, producers, – especially MSMEs micro, small and medium-sized enterprises – and public authorities at national, regional and local, regional, national and international level about the initiative. To this end, promotional activities should be carried out on a regular basis by the Office to

  raise awareness.

• (37) 

  The Union symbols, indications and abbreviations identifying a registered geographical indications, and the rights therein pertaining to the Union, should be protected in the Union as well as in third countries, with the aim of ensuring that they are used on genuine products and that consumers are not misled as to the qualities of products.

• (38) 

  The use of Union symbols and indications on the packaging of craft and industrial products designated by a geographical indication should be recommended in order to make this

  category of products, and the guarantees attached to them, better known to consumers and to permit easier identification of these products on the market, thereby facilitating checks. The use of such symbols or indications should remain voluntary for third-country geographical indications.

• (39) 

  For the sake of clarity for consumers and to maximise coherence with the revised Regulation Union’s rules for protection of geographical indications for agricultural products, foodstuff, wine and spirits, the Union symbol used on the packaging of craft and industrial products

  designated by a geographical indication should be identical to the one used on the packaging of agricultural products and foodstuffs, wines and spirit drinks designated by a geographical indication established under Commission Delegated Regulation (EU) 664/2014 i 11 .

• (40) 

  The added value of geographical indications is based on consumer trust. Such trust can only be well-founded if the registration of geographical indications is accompanied by effective verification and controls mechanisms, including the producer’s due diligence

  responsibilities for producers.

• (41) 

  In order to guarantee ensure consumers of trust in the specific characteristics of craft and industrial products protected by geographical indications, producers should be subject to a system based on a producer’s self-declaration that verifies compliance with the product specification before and after the product is put on the market. Member States should be free to establish a third-party verification system operated by the competent authorities, and the product certification bodies, to which those authorities delegate certain official control tasks or a verification system based on a producer’s self-declaration. For the purposes of control, Member States should designate competent authorities for verification of

  compliance and monitoring. (following sentence moved from recital (17)) The competent authority maintained or designated for the management of the geographical indications national phase and the competent authority designated for the controls and enforcement may differ, when a Member State so decides. Member States should be free to delegate certain control tasks to product certification bodies or natural persons. (final sentence moved to beginning of recital (44))

11 Commission Delegated Regulation (EU) No 664/2014 i of 18 December 2013 supplementing Regulation (EU) No 1151/2012 i of the European Parliament and of the Council with regard to the establishment of the Union symbols for protected designations of origin, protected

geographical indications and traditional specialities guaranteed and with regard to certain rules on sourcing, certain procedural rules and certain additional transitional rules (OJ L 179, 19.6.2014, p. 17).

• (42) 

  (moved to recital (46a))

• (43) 

  (moved to recital (47a))

• (44) 

  (first sentence is moved from end of recital (41)) The self-declaration should be submitted by the producer to the competent authorityies responsible for verifying assuring

  conformity with the product specification. Member States should have the possibility to allow producers to fulfil their obligation to perform due diligence by submitting a selfdeclaration to the competent authorities every three years, demonstrating To demonstrate their continued compliance, such self-declaration should be submitted every three years. Producers should be required to renew their submit an updated self-declaration immediately where when there is an amendment to the product specification or a change in a way that affectsing the concerned product concerned. The use of self-declaration should not prevent producers from having their conformity fully or partially certified by eligible third parties. A third-party certification should be able to supplement a self-declaration but not replace it. Verification based on self-declaration does not prevent producers from having their conformity verified by eligible third parties. Such third-party verification can supplement a self-declaration, but not replace it.

• (45) 

  The self-declaration should provide the competent authorityies with all necessary information on regarding the product and on its compliance with the product specification. To ensure that the information provided in the self-declaration is comprehensive, a harmonised structure for such declarations should be laid down in Annex. It is important to ensure that the self-declaration is filled in truthfully and accurately. Therefore, the The producer should take full responsibility for that the information provided in the selfdeclaration is correct, and should be able to provide the necessary evidence to allow for the verification of that information.

• (46) 

  Where a self-declaration certification procedure for the verification of compliance is in place, the competent authorities should carry out random controls. Upon receipt of the selfdeclaration, competent authorities should conduct an examination of the selfdeclaration

  that includes at least a check of the completeness and consistency of the self-declaration. Obvious inconsistencies should be clarified and missing information should be requested from the producer. If the result of the check of the self-declaration is positive, the authority should issue, or renew, an official certificate of authorisation to produce the product designated by the geographical indication.

(46a) (moved from recital (42)) To guarantee ensure compliance with the product specification after the product has been put on the market and also to check the correctness of the

information provided in the self-declaration, the competent authorityies should, with appropriate frequency, perform official controls in the marketplace conformity checks, based on a risk analysis and with appropriate frequency considering the likelihood taking into account the risk of non-compliances, including fraudulent or deceptive practices.

• (47) 

  In the event of non-compliance with the product specification, the competent authorityies should take appropriate measures to ensure that the producers concerned remedy the

  situation and to prevent further non-compliances. In addition, Member States should provide

  for a set of effective, proportionate and dissuasive penalties aimed at deterring possible

  fraudulent behaviour by producers.

(47a) As an alternative to the verification procedure based on self-declaration,

Member States may provide for a verification procedure based on verification of compliance by a competent authority or a designated third party. Such verification procedure should include controls of compliance with the product specification both before and after the product has been placed on the market.

(47b) (moved from recital (43)) Enforcement Monitoring the use of geographical indications in the marketplace is important to prevent fraudulent and deceptive practices, thus ensuring

that the producers of products designated by a geographical indication are properly rewarded for the added value of their products bearing a geographical indication and that illegal users of persons infringing those geographical indications are prevented from selling their such products. Therefore, apart from controls concerning the producers, Member States should monitor the market for the detection of any misuse of geographical indications, and carry out controls based on a risk analysis. If necessary, competent authorities should be free to delegate to certification bodies or natural persons certain control tasks related to checking the origin, or the prodution process, of the product concerned. also In the event of a detected misuse of the geographical indication, the competent authority should take appropriate administrative and judicial steps to prevent or stop the use of names on products or services that contravene the protected geographical indications, where such products are produced, or marketed, or such services are marketed, in their territory. To this end, Member States should designate competent authorities to monitor the market, which may be the same as the authorities designated for the verification of compliance with the product specification. Such monitoring may be undertaken by authorities carrying out product controls or controls in the market in another context, for example customs control, market surveillance or law enforcement.

(47c) For the purposes of enforcing geographical indications, In any event, the measures, procedures and remedies set out in Directive 2004/48/EC i 12 of the European Parliament and of the Council are available, as they are applicable to any infringement of intellectual property rights, including geographical indications. At the same time, Regulation (EU) No 608/2013 13 of the European Parliament and of the Council sets out the conditions and procedures for action by the customs authorities where goods suspected of infringing an intellectual property right, including geographical indications, are, or should have been, subject to customs supervision or customs control within the customs territory of the Union. Likewise, Regulation (EU) No 386/2012 i 14 of the European Parliament and of the Council sets out tasks and activities of the Office related to the enforcement of intellectual property rights, including fostering

cooperation with and between relevant Member State authorities.

(47d) (moved from recital (54)) For the optimal functioning of the internal market, it is important that producers can quickly and easily demonstrate in several contexts that they are

authorised to use a protected name that is protected as a geographical indication, such as at for example in the context of customs controls, or market inspections, or on demand by

trade operators at the request of business partners or consumers. To this end, an official certificate, or other proof of certification, of entitlement of authorisation to produce the product designated by the geographical indication should be put at the disposal of the producer should be used.

12 Directive 2004/48/EC i of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights (OJ L 157, 30.4.2004, p. 45).

13 Regulation (EU) No 608/2013 i 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 i (OJ L 181, 29.6.2013, p. 15).

14 Regulation (EU) No 386/2012 i of the European Parliament and of the Council of

19 April 2012 on entrusting the Office for Harmonization in the Internal Market

(Trade Marks and Designs) with tasks related to the enforcement of intellectual

property rights, including the assembling of public and private-sector representatives

as a European Observatory on Infringements of Intellectual Property Rights (OJ L

129, 16.5.2015, p. 1).

• (48) 

  (moved to recital (57c))

• (49) 

  (covered by recital (41)) To ensure impartiality and effectiveness, the competent authorities designated to perform the verification of the compliance with the product specification

  should meet a number of operational criteria. To facilitate the task of controls and to make the system more effective competent authorities should be able to delegate competences regarding the performance of specific control tasks to a legal person which certifies that products designated by geographical indications comply with the product specification (‘product certification body’). A delegation of such competences to natural persons should also be envisaged. Since the control system laid down in this Regulation follows a public-private approach, producers themselves should also contribute to the protection of geographical indication by fulfilling due diligence responsibilities. They should perform compliance checks with the product specification, accompanied, as applicable, by internal compliance checks managed and organised by the producer groups. In addition, producers should be encouraged to support public authorities in monitoring the use of geographical indications in the market. Producers should also be encouraged to notify any non-compliance or possible infringements to the competent authorities.

• (50) 

  Information on the competent authorities, and on product certification bodies and natural persons to which certain control tasks have been delegated, should be made public by Member States and the Office to ensure the transparency and allow interested parties to

  contact them.

• (51) 

  European standards (EN standards) developed by the European Committee for

  Standardiszation (CEN) and international standards developed by the International Organization for Standardization (ISO) should be used for the accreditation of product certification bodies as well as by those bodies for their operations. The accreditation of those bodies should take place in accordance with Regulation (EC) No 765/2008 i 15 of the European Parliament and of the Council. Natural persons should have the expertise, equipment and infrastructure required to perform those official control tasks delegated to them; they should be suitably qualified and experienced, and act impartially and free from any conflict of interest as regards the exercise of those official control tasks delegated to them. Product certification bodies established outside the Union should demonstrate their compatibility with Union or internationally recognised standards based on a certificate issued by a body that is a recognised signatory of a multilateral recognition agreement under the auspices of the International Accreditation Forum (IAF) or a member of the International Laboratory Accreditation Cooperation (ILAC). Natural persons should have the expertise, equipment and infrastructure required to perform those control tasks delegated to them; they should be suitably qualified and experienced, and act impartially and free from any conflict of interest as regards the exercise of those control tasks delegated to them.

15 Regulation (EC) No 765/2008 i of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and repealing Regulation (EEC) No 339/93 i

(OJ L 218 13.8.2008, p. 30).

• (52) 

  In order to strengthen geographical indication protection and to combat counterfeiting more effectively, the protection of geographical indications should apply to both, the offline and online environment, including domain names on the internet. Intermediary services, in

  particular online platforms, have become are increasingly being used for the sale of products, including those designated by geographical indications, and in some cases online platforms might represent an important space as regards preventing fraud. In this regard, information related to the advertising, promotion and sale of goods that contravenes the protection of geographical indications provided for in Article 35 this Regulation, should be considered illegal content within the meaning of Article 2(g) 3(h) of Regulation (EU) No xxxx/2022/2065 16 of the European Parliament and of the Council and be subject of obligations and measures under that Regulation.

(52a) Member States should provide for effective, proportionate and dissuasive penalties aimed at deterring possible fraudulent behaviour by producers of products designating a geographical indication and persons infringing the geographical indication.

• (53) 

  Taking into account that the production steps of a product designated by the a geographical indication might take place in more than one Member State, and taking into account

  that products produced in one Member State might be sold in another Member State, administrative assistance and cooperation between Member States should be ensured to allow for effective controls and its practicalities should be laid down.

• (54) 

  (moved to recital (47d))

16 Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services (DSA) and amending Directive 2000/31/EC i (OJ L 277, 27.10.2022, p. 1).

• (55) 

  The action of the Union following its accession to the Geneva Act is governed by

  Regulation (EU) 2019/1753 17 of the European Parliament and of the Council. Certain provisions of that Regulation should be amended to ensure coherence with the introduction of geographical indication protection for craft and industrial products at the Union level, in accordance with this Regulation. In this context, the Office should play the role of the Union’s competent authority in respect of geographical indications for craft and industrial products under the Geneva Act. Provisions of Regulation (EU) 2019/1753 applicable to geographical indications falling outside the scope of regulations on the EU’s Union’s protection schemes for agricultural geographical indications should be aligned with this Regulation.

• (56) 

  Likewise, to ensure coherence with this Regulation, Regulation (EU) 2017/1001 18 of the European Parliament and of the Council should be amended. Article 151 of that Regulation sets out the tasks of the Office. The administration and promotion of geographical

  indications, in particular the The tasks conferred on the Office under this Regulation as regards the administration and promotion of geographical indications should be added to the list of the tasks of the Office set out in Article 151 of that Regulation. In addition, in order to ensure coherence with this Regulation, a provision on the establishment of a domain name information and alert system for EU trade marks should also be inserted in that Regulation.

17 Regulation (EU) 2019/1753 of the European Parliament and of the Council of 23 October

2019 on the action of the Union following its accession to the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications (OJ L 271, 24.10.2019, p. 1).

18 Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade mark (OJ L 154, 16.6.2017, p. 1).

• (57) 

  For the tasks conferred on the Office under this Regulation, the languages of the Office should be all the official languages of the Union. With respect to applications for

  registration, amendments to product specifications and cancellation procedures submitted from third countries, Tthe Office may should accept verified translations, into one of the official languages of the Union, of documents and information with respect to applications for registration, amendment for product specification and cancellation procedures submitted from third countries. The Office may, if appropriate, use verified machine translations.

(57a) (moved from recital (13)) Member States should have the possibility to charge a registration fee to cover their costs of managing the geographical indication system for craft and

industrial products. Member States should may charge lower fees for micro, small or medium-sized enterprises (MSMEs). The Office should not charge a fee for the management of the Union applications process submitted by competent authorities of the Member States after the completion of the national phase of the procedure. (following sentence partly moved from recital 17) However, the Office should have the possibility to charge a fee for the procedures relating to direct registration, considering that this procedure generates more work for the Office than the processing of applications already examined in the national phase. The Office should also charge fees for third-country applications and appeals. In that case, tThe fees charged by the Office should be laid down by an Commission implementing act, in accordance with Regulation (EU) No 182/2011 i 19 of the European Parliament and of the Council.

19 Regulation (EU) No 182/2011 i of the European Parliament and of the Council of

16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers ( OJ L 55, 28.2.2011, p. 13 ).

(57b) The necessary set-up costs of the IT system that is envisaged under this Regulation ‒ namely the digital system for applications, the Union register, and the digital portal ‒ should be financed from the Office’s accumulated budgetary surplus. The running

costs arising from the tasks entrusted to the Office by this Regulation should be covered by the operational budget of the Office.

(57c) (moved from recital 48) Control and verification fees or charges should cover, but not exceed, the costs, including overhead costs, incurred by the competent authorityies to that performs official controls. Overhead costs could include the costs of the organisation and support necessary for planning and carrying out the official controls, and where applicable, the use of certification bodies or natural persons. Such costs should be calculated on the basis of each individual official control or on the basis of all official controls performed over a given period of time. Where fees or charges are applied on the basis of the actual cost of individual official controls, producers with a good record of compliance should bear lower overall charges than non-compliant ones, as such producers with a good record of

compliance should be subject to less frequent official controls. In order to promote compliance with Union legislation by all producers irrespective of the method (based on actual costs or on a flat rate) that each Member States has chosen for the calculation of the fees or charges, where fees or charges are calculated on the basis of overall costs incurred by the competent authorities over a given period of time, and imposed on all producers irrespective of whether they are subject to an official control during the reference period, those fees or charges should be calculated so as to reward producers with a consistently good record of compliance. No fee should be charged for the submission of the selfdeclaration and its processing.

• (58) 

  The digital system should include a front and back office and allow for smooth connection, interface with and integration to IT systems of national authorities, the Union GI register of geographical indications for craft and industrial products and the WIPO IT system of the

  World Intellectual Property Office for the protection through administration of the Geneva

  Act of the Lisbon Agreement. The Union register of geographical indications designed by

  the Office for craft and industrial products should be similar in appearance and have at least

  those the same functionalities to as the Union Rregister of geographical indications for

  wines, foodstuff and agricultural products.

(58a) (moved from recital (60)) In order to amend or supplement certain non-essential elements of this Regulation, the power to adopt acts, in accordance with Article 290 of the Treaty on the Functioning of the European Union, should be delegated to the Commission in respect of: (i) specifying the requirements in relation to documentation accompanying the application for registration; or (ii) listing additional items of the accompanying documentation for the application for registration,; (iii) specifying the criteria for the direct registration

procedure; (iv) defining procedures and conditions applicable to the preparation and submission of Union applications for registration at the Union phase,; (iii) rules on entrusting the Office to operate the Union register of geographical indications for craft and industrial products,; (v) the formal content of the notice of appeal, and the procedure for the filing and the examination of an appeal; (vi) as well as the formal content and the form of the Boards of Appeal’s decisions; and (vii) modifications to the information and requirements of in relation to the self-declaration in the form set out in Annex 1 I; and the technical assistance of the Office. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making 20 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

20 Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making (OJ L 123, 12.5.2016, p. 1).

• (59) 

  In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission as regards: (i) laying down rules which that limit the information contained in the product specification, where such a limitation is necessary to avoid excessively voluminous applications for registration; (ii) laying down rules on the form of the product specification; (iii) (deleted); (iv) specifying the format and online presentation of the accompanying documentation; (v) determining the amounts of the fees and the ways in which they are to be paid; (vi) specifying further details on the criteria to lodge direct applications and laying down detailed rules on the procedures for the preparation and submission of the direct applications; (vii) specifying the procedures, and criteria for preparation and submission of the applications for registration at the Union phase, and their form and presentation, in order to facilitate the application process, including for applications concerning more than one national territory; (viii) laying down the necessary rules to provide for on the submission of official comments by national authorities and persons with a legitimate interest in order to facilitate the official submission of comments and to improve management of the opposition process and specifying the format and online presentation of the notice of comments; (ix) specifying the format and online presentation of oppositions and any comments procedure setting out the procedures applicable to situations where the Commission may take over an application for registration from the Office; (x) specifying rules on the protection of the geographical indication; (xi) deciding on the protection of geographical indications pertaining to products of third countries that are protected in the Union under an international agreement – other than under the Geneva Act – to which the Union is a contracting party; (xii) specifying the content setting out the IT architecture and presentation of the Union register of geographical indications; (xiii) specifying the format and online presentation of extracts from the Union register of geographical indications for craft and industrial products; (xiv) laying down detailed rules on procedures, form and presentation of an amendment application for Union substantial amendment and on procedures, form and communication of standard non-substantial amendments to the Office; (xv) laying down detailed rules on procedures and form of the cancellation process, as well as on the presentation of the requests;

  (xvi) setting out the technical characteristics of the Union symbol and indications as well as the rules of their use on the products marketed under a registered geographical indication, including rules concerning the appropriate linguistic versions to be used; and (xvii) specifying the nature and the type of the information to be exchanged and the methods for exchanging information under mutual assistance for the purposes of controls. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 i of the European Parliament and of the Council 21 .

• (60) 

  (moved to recital (58a))

• (61) 

  The current protection of geographical indications at national level is based on various regulatory approaches. Having two parallel systems at Union and national levels might carry carries the risk of confusing consumers and producers. The replacement of national specific geographical indication protection systems by the a Union-wide regulatory framework will would create legal certainty, reduce administrative burden for national authorities, ensure fair competition between the producers of the products bearing such indications as well as predictable and relatively low costs, and enhance the credibility of the products in the consumers’ eyes. To this end, the national specific protection for geographical indications for craft and industrial products will should cease to exist one year twelve months after the entry into force date of application of this Regulation. The protection may be extended in time until the registration process is finalised for those national GIs geographical

  indications identified by interested Member States. Some Member States, namely those that are party to the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration, have registered, under that Agreement, geographical indications for craft and industrial products and protected geographical indications for craft and industrial products originating from third countries under that Agreement. Regulation (EU) 2019/1753 should therefore be amended so as to allow for the continued protection of those geographical indications for craft and industrial products.

21 Regulation (EU) No 182/2011 i of the European Parliament and of the Council of

16 February 2011 laying down the rules and general principles concerning mechanisms

for control by Member States of the Commission’s exercise of implementing powers

(OJ L 55, 28.2.2011, p. 13).

• (62) 

  Since Given that a period of time is required to ensure that the framework for the proper functioning of this Regulation is in place to create a Union and international registration system, (including the IT system setting up and managing the Union register of

  geographical indications for craft and industrial products, the EU alert system against the abusive use of geographical indications for craft and industrial products in the internet, etc.), this Regulation should start to apply [XX] months following the date of its entry into force from [OJ: the first day of the twentyfifth month after the entry into force of this Regulation].

(62a) (moved from recital (10)) This Regulation respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. Accordingly, the Regulation should be interpreted and applied in accordance with

those rights and principles including the right to protection of personal data, the freedom to conduct a business and the right to property, including intellectual property.

(62b) (moved from recital (11)) The tasks assigned by this Regulation to Member States’ authorities, the Commission and the European Union Intellectual Property Office, hereinafter ‘the Office’, may require the processing of personal data, in particular where this is needed to identify applicants in a registration amendment or cancellation procedure, opponents in an opposition procedure or beneficiaries of transitional period granted to derogate from the protection of a registered name.. Processing of such personal data is therefore necessary for the performance of a task carried out in the public interest. Any processing of personal data under this Regulation should respect fundamental rights, including the right to respect for private and family life and the right to protection of personal data under Articles 7 and 8 of the Charter. In that context, and it is essential that Member States comply with Regulation (EU) 2016/679 22 of the European Parliament and of the Council and Directive 2002/58/EC i 23 of the European Parliament and of the Council place certain obligations on Member States, and the Commission and the Office with while Regulation (EU) 2018/1725 24 of the European Parliament and of the Council places certain obligations on the Commission and the Office. Where the Commission and the Office jointly determine the purposes and means of the data processing, they should be considered joint controllers.

22 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC i (OJ L 119, 4.5.2016, p. 1).

23 Directive 2002/58/EC i of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (OJ L 201, 31.7.2002, p. 37).

24 Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October

2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 i and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).

(62c) Since the objectives of this Regulation, namely the creation of uniform protection of geographical indications for craft and industrial products, cannot be sufficiently

achieved by the Member States, but can rather, by reason of the scale and effects of this Regulation, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity, as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.

• (63) 

  The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 and delivered an opinion on (…) 2 June 2022,

HAVE ADOPTED THIS REGULATION:

TITLE I

GENERAL PROVISIONS

Article 1 Subject matter

This Regulation lays down rules on:

(a) the registration, protection, and control and enforcement of certain names that identify craft and industrial products with given quality, reputation or other characteristics linked to their geographical origin, and,

(b) geographical indications entered in the international register established under the international registration and protection system based on the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications (‘the Geneva Act’) administered by the World Intellectual Property Organiszation (WIPO).

Article 2 Scope

• 1. 

  This Regulation applies to craft and industrial products listed under the combined nomenclature set out in Annex I to Council Regulation (EEC) No 2658/87 i 25 .

• 2. 

  This Regulation does not apply to spirit drinks as referred to in Regulation (EU)

  2019/787 26 of the European Parliament and of the Council, to wines as defined in referred to in Regulation (EU) No 1308/2013 i 27 of the European Parliament and of the Council, nor or to agricultural products and foodstuffs as protected by referred to in Regulation (EU) No 1151/2012 i 28 of the European Parliament and of the Council.

• 3. 

  Registrations and protection of geographical indications are without prejudice to the obligation of producers to comply with other Union rules, in particular relating to the placing of products on the market and, in particular, to product labelling requirements, to product safety, consumer protection and market surveillance.

25 Council Regulation (EEC) No 2685/87 i of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff Regulation (OJ L 256, 7.9.1987 p.1).

26 Regulation (EU) 2019/787 of the European Parliament and of the Council of 17 April 2019 on the definition, description, presentation and labelling of spirit drinks, the use of the

names of spirit drinks in the presentation and labelling of other foodstuffs, the protection of geographical indications for spirit drinks, the use of ethyl alcohol and distillates of agricultural origin in alcoholic beverages, and repealing Regulation (EC) No 110/2008 i (OJ L 130, 17.5.2019, p. 1).

27 Regulation (EU) No 1308/2013 i of the European Parliament and of the Council of 17

December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72 i, (EEC) No 234/79, (EC) No 1037/2001 i and (EC) No 1234/2007 (OJ L 347 20.12.2013, p. 671).

28 Regulation (EU) No 1151/2012 i of the European Parliament and of the Council of 21

November 2012 on quality schemes for agricultural products and foodstuffs (OJ L 343, 14.12.2012, p. 1).

• 4. 

  The geographical indications system laid down in this Regulation shall apply notwithstanding Directive (EU) No 2015/1535 29 of the European Parliament and of the Council shall not apply to geographical indications protected under this Regulation.

  Article 3 Definitions

For the purposes of this Regulation, the following definitions shall apply:

(a) ‘craft and industrial products’ means products:

(i) produced either totally by hand, or with the aid of manual or digital tools, or by mechanical means, whenever the direct manual contribution is the most important component of the finished product; or

(ii) ‘industrial products’ means products produced in a standardised way, typically on a mass scale and through the use of machines;

(aa) (moved from point (g)) ‘producer’ means an operator engaged in any production step of a craft and industrial product the name of which is protected as a geographical indication, including processing activities covered by the product specification;

(b) (moved to indent (ii) of point (a))

(c) (deleted)

(d) ‘producer group’ means any association, irrespective of its legal form, mainly composed of producers or processors working with the same product;

29 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

regulations and of rules on Information Society services (OJ L 241, 17.9.2015, p. 1).

(e) ‘production step’ means any stage of production, including processing, obtaining, extracting, cutting or preparation, up to the point, where the product is in a form to be placed on the internal market;

(f) ‘traditional’ and ‘tradition’, when associated with a product originating in a geographical area, means proven historical usage by producers in a community for a period that allows transmission between generations;

(g) (moved to point (aa))

(h) ‘generic terms’ means:

(i) the names of products which, although relating to the place, region or country where the product was originally produced or marketed, have become the common name of a product in the Union; or

(ii) a common term common within the Union, which is descriptive of the type of product, or of the product attributes; or

(iii) other terms that do not refer to a specific product;

(i) ‘product certification body’ means a legal person a body, irrespective of its legal form, which is entrusted to certifiesy that products designated by geographical indications

comply with the product specification, whether in performance of a delegated official control task or any other mandate;

(j) ‘self-declaration’ means a document in which a producer, or an authorised representative, indicates on his or her sole responsibility that the product is compliant with the

corresponding product specification and that all necessary controls and checks for the proper determination of conformity have been carried out in order to demonstrate the lawful use of the geographical indication to the competent authorities of Member States.;

(ja) ‘the Office’ means the European Union Intellectual Property Office as defined under Regulation (EU) 2017/1001;

(k) ‘notice of comment’ means a written observation lodged with the European Union

Intellectual Property Office (‘the Office) indicating at inaccuracies in the application, without triggering the opposition procedure.;

(l) ‘national specific protection for geographical indications for craft and industrial products’ means an intellectual property title under national, regional or local law specifically protecting names that identify craft and industrial products with a given quality, reputation or other characteristics linked to their geographical origin, with the exception of trade marks.

Article 4 Data protection (moved to Article 62b)

Article 5 Requirements for a geographical indication

• 1. 

  For the name of a craft and industrial product to qualify for ‘geographical indication’ protection, the product shall comply with the following requirements:

  (a) Tthe product originates in a specific place, region or country;

  (b) Iits given quality, reputation or other characteristic is essentially attributable to its geographical origin; and

  (c) at least one of the production steps of the product takes place in the defined geographical area.

• 2. 

  Products that are contrary to public policy are excluded from being the subject of geographical indication protection.

TITLE II

REGISTRATION OF GEOGRAPHICAL INDICATIONS

Chapter 1

General Provisions

Article 6 Applicant

• 1. 

  Applications for the registration of geographical indications shall only be submitted by a producer group of a product (‘applicant producer group’), the name of which is proposed for registration. Regional or local public entities may help in the preparation of the

  application and in the related procedure.

• 2. 

  (moved to paragraphs 3a and 3b)

• 3. 

  By way of derogation from paragraph 1, A a single producer may be deemed to be an applicant producer group for the purposes of this Title, where both of the following

  conditions are fulfilled:

  (a) the person concerned is the only producer willing to submit an application for the registration of a geographical indication;

  (b) the geographical area concerned is defined by natural features without reference to property boundaries and has characteristics which that differ appreciably from those of neighbouring areas, or the characteristics of the product are different from those the characteristics of products produced in neighbouring areas.

3a. Upon request by the producer group or the single producer, a public or private entity may assist in the preparation of the application and in the related procedure.

3b. A local or regional authority, other than any of the authorities referred to in

Articles 11(1) and 45(1), designated by a Member State, or a private entity designated by a Member State, may be deemed to be an applicant within the meaning of paragraph 1. The application referred to in Article 6a shall state the reasons for such designation.

• 4. 

  In the case of a geographical indication that designates a cross-border geographical area, several producer groups applicants, from different Member States, from Member States and third countries, or from third countries, may lodge a joint application for the

  registration of a geographical indication from either Member State. When the cross-border geographical area concerns a Member State and a third country, they may lodge a joint application for registration with the national authority of the Member State concerned. When the cross-border geographical area concerns several third countries, several producer groups may lodge a joint application with the Office.

  (new) Article 6a Application

(moved from Article 11(3)) Applications The application for registration of a geographical indication shall comprise:

(a) the product specification referred to in Article 7;

(b) the single document referred to in Article 8; and

(c) the accompanying documentation referred to in Article 9.

Article 7 Product specification

• 1. 

  In order for the name of a Craft craft and or industrial products the names of which are to be registered protected as a geographical indication, the product shall comply with a the product specification, which shall include at least:

  (a) the name to be protected as a geographical indication, which may be either a geographical name of the place of production of a specific product, or a name used in trade or in common language to describe the specific product in the defined geographical area;

  (b) a description of the product, including, if where appropriate, the raw materials;

  (c) the specification of the defined geographical area creating the link referred to in point (g);

  (d) evidence that the product originates, and that at least one of the production steps takes place, in the defined geographical area as specified in Article 5(1), points (a) and (c);

  (e) a description of the method of producing or obtaining the product and, where appropriate, the traditional methods and specific practices used;

  (f) information concerning packaging, where the applicant producer group so determines and where the packaging has to take place in the defined

  geographical area, in which case the applicant shall gives sufficient productspecific justification as to why the packaging must take place in the defined geographical that area to safeguard quality, to ensure the origin or to ensure control, taking into account Union law, in particular that on the free movement of goods and the free movement of services;

  (g) details establishing the link between a given quality, the reputation or other characteristic of the product and the geographical origin as referred to in Article 5(1), point (b);

  (h) any specific labelling rule for the product in question;

  (ha) indication and specific provisions for the verification of compliance of any individual production step that is carried out by one or more producers in a Member State or third country other than the Member State or third country in which the geographical inidication originates;

  (i) other applicable requirements where provided for by Member States or by a producer group, if as applicable, having regard to the fact that such requirements must be

  objective, non-discriminatory and compatible with national and Union law.

• 2. 

  The Commission may adopt implementing acts laying down rules, which that limit the information contained in the product specification referred to in paragraph 1, where such a limitation is necessary to avoid excessively voluminous applications for registration and rules on the form of the product specification. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 65(2).

  Article 8 Single document

• 1. 

  The single document shall be drawn up by using the form set out in Annex 2 II and shall comprise:

  (a) the following main points of the product specification:

  (i) the name that is requested to be protected as a geographical indication;

  (ii) a description of the product, including, where appropriate, specific rules concerning the raw materials and information concerning the packaging and labelling,;

  (iii) a concise definition of the geographical area;

  (b) a description of the link between the product and the geographical origin referred to in Article 7(1), point (g), including, where appropriate, the specific elements of the product description or production method justifying that link.

• 2. 

  The Commission may adopt implementing acts setting out the format and online presentation of the single document provided for in paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 65(2). (deleted – as the form of the single document is finalised in Annex II)

  Article 9 Documentation accompanying the application for registration

• 1. 

  The documentation accompanying the application for registration (‘accompanying documentation’) shall comprise:

  (a) (moved to point (ca))

  (b) the name and contact details of the applicant producer group;

  (c) the name and contact details of the competent authority referred to in Article 45(1) and/or, if applicable, of the product certification body or natural person verifying compliance with the provisions of the product specification referred to in

  Articles 46(6)(b), 46a(1)(b) and 46b(b);

  (ca) information concerning any proposed limitations on the use or protection of the geographical indication, as well as any transitional measures proposed by the

  applicant producer group or by the national authorities competent authority, notably

  following the national examination and opposition procedure;

  (d) (deleted)

  (e) any other information deemed appropriate by the Member State, or by the applicant.

• 2. 

  The Commission shall be empowered to adopt delegated acts supplementing this

  Regulation by provisions clarifying specifying the requirements set out in paragraph 1 or listing additional items of the accompanying documentation to be supplied (deleted words moved to paragraph 2a).

2a. The Commission shall be empowered to adopt delegated acts amending this

Regulation listing additional items of the accompanying documentation to be supplied.

• 3. 

  The Commission may adopt implementing acts defining the format and online presentation of the accompanying documentation. Those implementing acts shall be adopted in

  accordance with the examination procedure referred to in Article 65(2).

  Article 10 Registration fees (deleted – moved to Article 62a)

Chapter 2

National stage phase of the registration

Article 11 Designation of competent authority and procedure for the national application phase of

registration

• 1. 

  Without prejudice to paragraph 4 of this Article and to Article 15, each Member State shall maintain or designate a competent authority for the management of the national phase of

  the registration and other procedures for of geographical indications for craft and industrial products. That competent authority shall also be responsible for the national phase of the procedures regarding any amendments to the product specification or regarding the cancellation of the registration.

• 2. 

  Without prejudice to paragraph 4 of this Article and to Article 15a(1), an application for registration of a geographical indication of a product originating in the Union shall be

  addressed to the competent authorities authority of the Member State in which the product

  concerned originates.

• 3. 

  (moved to Article 6a)

• 4. 

  Two or more Member States may agree that the competent authority of one Member State is in charge of the national phase of the registration and other procedures referred to in

  paragraph 1, including the submission of the Union application to the Office, also on behalf of the other Member State, or Member States.

• 5. 

  (moved from Article 68(3)) Member States shall inform the Commission and the Office by [six months after the date of the entry into force application of this Regulation] of the

  names and addresses of the designated competent authorities, and keep that information updated. They shall inform the Commission and the Office, by the same date, if they decide to cooperate with each other on a permanent basis for the management of the national procedures foreseen in Chapter II of Title II in relation to the processing of applications, as laid down provided for in Article 6(4) paragraph (4).

  Article 12 Examination by the competent authorities authority

• 1. 

  The competent authority shall examine the application and shall check that the product to verify that it complies with the requirements for geographical indications referred to in

  Article 5 and 6, and that the application provides the necessary information for registration, as referred to in Articles 7, 8 and 9.

• 2. 

  Where the competent authority finds that the application is incomplete, it shall give the applicant the possibility to correct or complete the application within a set time limit.

• 3. 

  Where, following the examination of the application, the competent authority finds that the application does not fulfill the requirements or provide the necessary

  information for registration, it shall reject the application. Otherwise, it shall proceed to the national opposition procedure referred to in Article 13.

  Article 13 National opposition procedure

• 1. 

  After the conclusion of the examination referred to in Article 12, Following the examination referred to in Article 12(1), the competent authority shall conduct a national opposition procedure. That procedure shall ensure provide for the publication of the application and provide for a period of at least 60 days two months from the date of publication within which any person having a legitimate interest and established or resident on in the territory of the Member State in charge of the national phase of the registration or of in the Member States in which the product concerned originates (‘national opponent’) may lodge an opposition to the application with the competent authority of the

  Member State in charge of the national phase of the registration.

• 2. 

  The competent authority shall establish the detailed arrangements of for the opposition procedure,. Those detailed arrangements may include criteria for the admissibility of an opposition, a period of consultation between the applicant and each national opponent, with a view to a friendly settlement. The outcome of such consultations, including any possible changes to the application agreed, shall be communicated to the competent authority by the applicant, and submission of a report from the applicant on the outcome of the consultations including any changes the applicant has made to the application.

• 3. 

  An opposition lodged shall be admissible only if it is based on one or more of the following grounds for opposition:

  (a) the proposed geographical indication does not comply with the requirements for protection laid down in this Regulation;

  (b) the registration of the proposed geographical indication would be contrary to Articles 37 and 38 or Article 39(1); or

  (c) the registration of the proposed geographical indication would jeopardise the existence of an identical or similar name used in trade or of a trade mark, or the existence of products that have been legally on the market for at least five years preceding the date of the publication provided for in paragraph 1.

  Article 14 Decision on at the national application phase

• 1. 

  If Where the competent authority, after the examination of the application and the assessment of the results of any the oppositions received procedure, and including, where applicable, any changes to the application agreed with the applicant, finds that the requirements of this Regulation are met, it shall take a favourable decision and lodge a submit the Union application for registration, in accordance with Article 17 18(1), to the Office. Otherwise, it shall reject the application.

• 2. 

  The competent authority shall ensure that make its decision public. is made public and that any person having a legitimate interest has an opportunity to lodge an appeal. The competent authority shall ensure that. It shall publish electronically the product

  specification on which its favourable decision is based is published, and shall provide electronic access to the product specification.

• 3. 

  The applicant and any other party to the opposition procedure shall have the right to lodge an appeal against the decision taken under paragraph 1.

  (new) Article 14a Temporary national protection

(ex Article 16)

• 1. 

  A Member State may, on a temporary basis, grant transitional protection to the a geographical indications at national level, with effect from the date on which an application for registration is lodged with submitted to the Office.

• 2. 

  The temporary national protection shall cease on the date on which either a decision on the application for registration is adopted or the application is withdrawn.

• 3. 

  Where a geographical indication is not registered under this Regulation, the consequences of the temporary national protection shall be the sole responsibility of the Member State

  concerned.

• 4. 

  The measures taken by Member States in accordance with this Article shall produce effects at national level only, and they shall have no effect on the internal market of the Union or

  international trade.

Chapter 2a

Derogation from the national phase of registration

Article 15 Direct registration Derogation from the national phase

• 1. 

  By way of derogation from Article 11, the Commission shall be empowered to exempt a Member State from the obligation to designate a competent authority in accordance with Article 11(1) and to handle the management of the process applications of for

  geographical indications for craft and industrial products at national level, if the Member State, by [six twelve months from before the date of entry into force application of this Regulation], provides the Commission with evidence that showings that the following conditions are met:

  (a) the Member State concerned does not have a national sui generis system in place for the management of geographical indications for craft and industrial products specific protection for geographical indications for craft and industrial products; and

  (b) the Member State concerned submits a request for an opt-out derogation accompanied by an assessment to the Commission demonstrating that the local interest for protecting craft and industrial products by a geographical indication is low.

• 2. 

  The Commission may request further information from the Member State before adopting a Commission Ddecision on the derogation referred in paragraph 1.

• 3. 

  (moved to Article 15a(1))

• 4. 

  A Member State that has applied been granted the derogation in accordance with paragraph 1, may decide to withdraw its opt-out and designate a competent authority for the management of the applications the national phase of the registration of

  geographical indications for craft and industrial products. Such decision withdrawal shall not affect any ongoing registration procedures. The Member State shall inform in writing the Commission in writing of its decision to withdraw the opt-out.

• 5. 

  If the number of direct applications submitted by applicants from a Member State that has opted out substantially exceeds the estimate given in the assessment submitted by the

  Member State pursuant to paragraph 1, the Commission may withdraw its decision referred

  to in paragraph 2 the derogation granted in accordance with paragraph 1.

• 6. 

  The Any Member State granted a derogation pursuant to paragraph 1 shall provide the Commission and the Office with the details of a appoint a single point of contact, which

  is independent from the applicant and is impartial, for any technical issues relating to the product and the application, and shall provide the Commission and the Office with the relevant contact details.

• 7. 

  (moved to Article 15a(4))

• 8. 

  (moved to Article 15a(5))

• 9. 

  (moved to Article 15a(6))

• 10. 

  (moved to paragraphs (4)(a) and (5) of Article 62a)

• 11. 

  (moved to Article 15a(2))

• 12. 

  (deleted)

• 13. 

  (moved to Article 15a(3))

• 14. 

  (moved to Article 15a(7))

• 15. 

  Member States applying the procedure set out in this Article shall not be exempted from the obligations laid down in Articles 45 44a to 58 as regards checks and enforcement.

• 16. 

  (moved to Article 15a(9))

  (new) Article 15a Direct registration

• 1. 

  (moved from Article 15(3)) When Where a Member State makes use of has been granted the derogation in accordance with paragraph Article 15(1), the any application from a

  producer group an applicant of that Member State for registration, cancellation or amendment of to the product specification of a geographical indication of a product originating in the Union shall be addressed by the applicant directly to the Office.

• 2. 

  (moved from Article 15(11)) Articles 6 to 9, Articles 11 to 14 and Articles 16 to 30

  Article 12, Article 14(2), and Articles 19 and 21 to 30 shall apply, mutatis mutandis, to the direct registration procedure referred to in this Article mutatis mutandis, with the exception of any examination periods referred to in Article 19(23) and the obligation to conduct a national opposition procedure referred to in Article 13, which shall not apply.

• 3. 

  (moved from Article 15(13)) In the direct registration procedure, any person having a legitimate interest, including national opponents as referred to in Article 13(1), may lodge an opposition with the Office in accordance with Article 21.

• 4. 

  (moved from Article 15(7)) The Office shall communicate with both the applicant and the single point of contact referred to in paragraph Article 15(6) on any technical issues

  relating to the application.

• 5. 

  (moved from Article 15(8)) Upon request by the Office, within 60 days two months from such request, the Member State, through the single point of contact point, shall provide

  assistance in particular for the examination process. Upon request by the Member State, the time limit may be extended by 60 days two months. Such assistance shall include examining certain specific aspects of the applications lodged by the applicant with the Office, verifying certain information in the applications, issuing declarations concerning such information and replying to other requests for clarifications made by the Office in relation to the applications.

• 6. 

  (moved from Article 15(9)) If the Member State, through the single point of contact point, does not provide assistance within the time limit referred to in paragraph 8 5, the

  registration procedure shall be suspended for up to six months. If the abovementioned assistance is not provided within this six-month period, the Geographical Indication Division referred to in Article 32 shall consult the Advisory Board referred to in Article 33 before taking a final decision on the application shall be deemed not to be filed.

• 7. 

  (moved from Article 15(14)) This aArticle shall not apply to applications for registration of a geographical indication concerning a product from originating in a third countriesy.

• 8. 

  The Commission shall be empowered to adopt delegated acts specifying the criteria for the direct registration procedure.

• 9. 

  (moved from Article 15(16)) The Commission may adopt implementing acts setting out further details on the criteria for the application of direct registration and laying down detailed rules on the procedures for the preparation and submission of the direct

  applications. Those implementing acts shall be adopted in accordance with the examination

  procedure referred to in Article 65(2).

  Article 16 Temporary national protection (deleted – moved to Article 14a)

Chapter 3

Union stage phase of the registration

S ECTION 1 P ROCEDURES AT THE U NION STAGE LEVEL

Article 17 Union phase of the application

Procedures at Union level cover:

(a) the Union phase of an application submitted by the competent authority of a

Member State after a favourable decision has been taken on the application at the national phase in accordance with Article 14(1);

(b) the processing of a direct application submitted in accordance with Article 15a; or

(c) the processing of applications for a geographical indication concerning products originating in a third country, other than geographical indications protected in the Union under the Geneva Act or under any other international agreement to which the Union is a contracting party.

• 1. 

  (incorporated into Article 18(1))

• 2. 

  (moved to Article 18(3))

• 3. 

  (moved to Article 18(2a))

• 4. 

  (moved to Article 18(2b))

• 5. 

  (moved to Article 18(2c))

• 6. 

  (moved to Article 18(3a))

  Article 18 Submission of the application to the Union application phase

• 1. 

  A Union In cases referred to in Article 17(a), an application for the registration of a geographical indication concerning a product originating in the Union, including the direct registration referred to in Article 15, shall be submitted to the Office electronically, through a digital system by the competent authority of the Member State or where

  Article 15 applies, by the producer group concerned. (direct registration moved to paragraph 1a; electronic submission moved to paragraph 2d; sentence on digital system moved to Article 64(2))

  (Moved from Article 17(1)) For geographical indications concerning products originating in the Union, the Union application for registration submitted by a Member State to the Office, The application shall comprise:

  (a) the single document referred to in Article 8;

  (b) the accompanying documentation referred to in Article 9;

  (c) declaration by the Member State to which the application was initially addressed, confirming that the application meets the conditions for registration under this

  Regulation;

  (d) the electronic publication reference to the electronic publication of the product specification referred to in published in accordance with Article 7 14(2).

1a. An application for direct registration pursuant to Article 15a, as referred to in

Article 17(b), shall be submitted to the Office by the applicant and shall comprise the

documents listed in Article 6a.

• 2. 

  In cases referred to in Article 17(c), Where the an application for registration relates to of a geographical area indication concerning a product originating in a third -country the application shall be submitted to the Office, either directly by the applicant producer group or by the competent authority of the third country concerned, whichever the third country allows. (second sentence of Article 18(2) deleted – covered by Article 64(2), in conjunction with Article 17(c)) The applicant producer group and the competent authorities authority of the third country concerned shall be considered a to be partyies to the

  procedure.

2a. (moved from Article 17(3)) For geographical indications concerning products originating in a third country or countries, the An application for registration is submitted to the Office

pursuant to paragraph 2, such application for registration shall comprise:

(a) the product specification referred to in Article 7 together with its publication reference;

(b) the single document referred to in Article 8;

(c) the accompanying documentation referred to in Article 9;

(d) legal proof of protection of the geographical indication in its country of origin;

(e) a power of attorney where the applicant is represented by an agent.

2b. (moved from Article 17(4)) A joint application for registration as referred to in Article 6(4) shall be submitted to the Office by the competent authority of one of the Member States concerned or, where the cross-border area concerns only third countries, by the

applicant producer group in a third country, directly or by the competent authority of that third country. If the cross-border area concerns any Member State and a third country, the joint application shall be submitted by the competent authority of the Member State concerned.

2c. (moved from Article 17(5)) The A joint application as referred to in Article 6(4) shall include, where relevant as applicable, the documents listed in paragraphs 1, 1a and 2a of this Article, from the Member States or third countries concerned. The related national phase of the procedure for application, the examination and opposition procedure referred to in Articles 11, 12 and 13 shall be carried out conducted in all the Member States and third countries concerned, except where Article 11(4) applies.

2d. (moved from Article 18(1) The application shall be submitted electronically, using the digital system of the Office referred to in Article 64.

• 3. 

  Upon submission of the application, the Office shall publish the Union application make it public in the Union register of geographical indications for craft and industrial products (‘the Union register’) referred to in Article 34a. The electronic publication product

  specification referred to in paragraph 1, point (d), shall be kept up to date updated. (last sentence moved from Article 17(2))

3a. (moved from Article 17(6)) The Commission shall be empowered to adopt delegated acts defining procedures and conditions applicable to the preparation and submission of Union applications for registration at the Union phase.

3b. (moved from Article 17(7)) The Commission may adopt implementing acts laying down detailed rules on procedures, the form and presentation of Union applications for

registration at the Union phase, including for applications concerning more than one national territory. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 65(2).

Article 19 Examination and publication for opposition

• 1. 

  The Office shall examine any In its examination of an application for registration that it receives received under Article 17(1) 18. Such examination, the Office shall consist of a check that:

  (a) there are no manifest errors;

  (b) the information provided in accordance with pursuant to Article 17 18(1), (1a) and (2a), as applicable, is complete; and

  (c) the single document is precise and technical in nature and in accordance with Article 8.

• 2. 

  The examination pursuant to paragraph 1 shall be carried by the Geographical

  Indication Division referred to in Article 32 and shall take into account the outcome of the preliminary national procedure carried out by the Member State concerned, unless Article 15a is applied applies.

• 3. 

  The examination carried out pursuant to paragraph 1 shall not exceed a period of 6 be carried out within six months. Where In the event that the examination period exceeds or is likely to exceed 6 six months, the Office shall inform the applicant in writing of the reasons for the delay in writing.

• 4. 

  The Office may seek supplementary information from the competent authority of the

  Member State concerned. If the application is lodged by an producer group applicant from

  a third country or by the competent authority of a third country, such producer group

  applicant or competent authority shall be required to provide supplementary information,

  where requested to do so by the Office.

• 5. 

  When the Office Geographical Indication Division consults the Advisory Board as referred to in Article 33, the applicant shall be notified thereof and the period referred to in paragraph 2 3 of this Article shall be suspended.

• 6. 

  Where, based on the examination carried out pursuant to paragraph 1, the Office finds that the application is incomplete or incorrect, the Office shall send its observations to the

  competent authority of the Member State or, in the case of a third -country applications, to the relevant producer group applicant or competent authority that has submitted the Union application to the Office, from where that application originates and request to complete or to correct the application within 60 days two months. If the Member State, or, in case the event of a third -country applications, the relevant producer group applicant or competent authority concerned, does not complete or correct the application within the deadline, the application shall be considered to be withdrawn, or if not corrected, it shall be rejected, pursuant to Article 24(2). Upon request, the time limit may be extended by two months.

• 7. 

  Where, based on the examination carried out pursuant to paragraph 1, the Office considers that the conditions laid down in this Regulation are fulfilled, it shall publish, for the

  purposes of opposition, in the Union register, of geographical indications for craft and industrial products the single document and the reference to the electronic publication of the product specification published in accordance with Article 14(2) on the webpage of the Member State concerned. The single document shall be published in the official languages of the Union.

  Article 20 National cChallenge to an application against the decision at national phase

• 1. 

  The competent authority of the Member States shall keep the Office informed of any national administrative and judicial proceedings against that competent authority’s

  decision that may affect the registration of a geographical indication.

• 2. 

  The Office shall be exempted from the obligation to meet the deadline to perform for completing the examination laid down in Article 19(2 3), and to shall inform the applicant of the reasons for the delay, where it receives a communication from the competent authority of a Member State, concerning an application for registration in accordance with Article 14(1), which:

  (a) informs the Office that the decision referred to in Article 14(1) has been invalidated at national level by an immediately applicable, but not final, administrative or

  judicial decision; or

  (b) requests the Office to suspend the examination because national administrative or judicial proceedings have been initiated to challenge the validity of the application and the Member State considers that those proceedings are based on valid grounds.

• 3. 

  (moved to paragraph 4a)

• 4. 

  If When the administrative or judicial decision referred to in paragraph 2 has acquired the force of res judicata become final, the competent authority of the Member State

  shall, as necessary, withdraw or modify the application inform the Office accordingly.

4a. (moved from paragraph 3) The exemption set out in paragraph 2 shall have effect until the Office is informed by the competent authority of the Member State that the original

application has been restored or that the Member State withdraws its request reason for the suspension no longer exists.

Article 21 Opposition and comments procedure

• 1. 

  Within 3 three months from the date of publication of the single document and the reference to the product specification referred to in Article 7 in the Union register of geographical indications for craft and industrial products, an opponent may lodge an opposition or notice of comment with the Office. The applicant and the opponent shall be considered a to be the partyies to the procedure.

• 2. 

  An opponent may be the competent authorities authority of a Member State, or of a third country, or a natural or legal person having a legitimate interest and established or resident in a third country or in another Member State that does not qualify as, except a national

  opponent pursuant to referred to in Article 13(1).

• 3. 

  The Office shall check the admissibility of the opposition, in accordance with Article 22. (remaining part of this paragraph moved to paragraph 3a)

3a. If Where the Office considers that the opposition is to be admissible, it shall, within 60 days two months after the receipt of that opposition, invite the opponent and the applicant to engage in consultations for a reasonable period not exceeding 3 three months. At any time during that period, the Office may, at the request of either party, extend the time limit for the consultations by a maximum of 3 three months. The Office may offer mediation for the consultations between the applicant and the opponent pursuant to Article 170 of

Regulation (EU) 2017(/1001).

• 4. 

  During the consultation, tThe applicant and the opponent shall provide each other during the consultation with the relevant information to assess whether the application for

  registration complies with the conditions set out in this Regulation.

• 5. 

  The Office Geographical Indication Division may at any stage of the opposition procedure consult the Advisory Board as referred to in Article 33, in which case the parties shall be notified and the period referred to in paragraph 2 3a shall be suspended.

• 6. 

  Within 1 one month from the end of the consultations referred to in paragraph 2 3a, the applicant established in the third country or the competent authority of the Member State or of the third country from which the application for Union registration was lodged shall notify the Office of the result shall communicate the outcome of the consultations to the Office, whether an agreement was reached with one or all of the opponents, and of any consequent changes to the application made by that applicant. The opponent may also

  notify the Office of its position at the end of the consultations.

• 7. 

  Where, following the end of the consultations, the data published in accordance with

  Article 19(6 7) have been modified, the Office shall carry out a new examination of the modified application. Where the application for registration has been modified in a substantial manner, and the Office considers that the modified application meets the conditions for registration, it shall publish the modified application, in accordance with that paragraph Article 19(7).

• 8. 

  The authorities and persons that may act eligible to act as an opponent may lodge, with the Office, a notice of comment as defined in Article 3(k) with the Office. Such notice shall not be based on the grounds for opposition referred to in Article 22. The

  competent authority or person that lodged a notice of comment shall not be considered to be a party to the procedure.

• 9. 

  The Office may shall share the notice of comment with the applicant and the opponent.

• 10. 

  In order to facilitate the official submission of comments and to improve management of the opposition procedure, the Commission may adopt implementing acts laying down the necessary rules to provide for on the submission of such official comments and specifying the format and online presentation of oppositions and any the notice of comments

  procedure. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 65(2).

  Article 22 Admissibility and grounds for opposition

• 1. 

  An opposition lodged in accordance with Article 21 shall be admissible only if it contains a declaration that the application could infringe the conditions laid down in paragraph 2 of

  this Article and give justification in a reasoned statement of opposition drawn up in accordance with all the information specified in the form set out in Annex 3 III, and if it is based on one or more of the following grounds for opposition: An opposition that does not contain the reasoned statement of opposition shall be void.

  Upon opposition, the name for which there has been an application for registration shall not be registered, if:

  (a) the proposed requested geographical indication does not comply with the requirements for protection laid down in this Regulation;

  (b) the registration of the proposed requested geographical indication would be contrary to Articles 37, and 38 or Article 39(1); or

  (c) the registration of the proposed requested geographical indication would jeopardise the existence of, an entirely, or partly identical or similar name used in trade or of a trade mark, or the existence of products which that have been legally on the market for at least 5 years preceding the date of the publication of the application provided for in Article 18(3).

• 2. 

  (moved to paragraph 1)

• 3. 

  The admissibility and the grounds of an opposition shall be assessed by the Office in relation to the territory of the Union. (first sentence partly moved to Article 24(5)) An opposition that is not admissible in accordance with paragraph 1 shall be rejected. Article 23

Transitional period for the use of a geographical indications

• 1. 

  Without prejudice to Article 42 39(3) to (7), at the time of registration of the geographical indication, the Office may decide to grant a transitional period of up to 5 five years to

  enable, for products originating in a Member State or a third country, the designation of which consists of or contains a name that contravenes Article 35, the continued use of that the designation, under which they were marketed, provided that an admissible and grounded opposition, under Article 13 or Article 21, to the application for registration of the geographical indication whose protection is contravened shows has shown that:

  (a) the registration of the geographical indication would jeopardise the existence of the entirely or partially an identical or similar name used in trade in the product

  designation; or

  (b) such products have been legally marketed with that name in the product designation in the territory concerned for at least 5 years preceding the date of the publication of the application provided for in Article 18(3).

• 2. 

  The Office may decide to extend the transitional period granted under paragraph 1 up to 15 years in total, or allowing continued use for up to 15 years, provided it is additionally

  shown that:

  (a) 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 concerned geographical indication was submitted to the Office;

  (b) 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 geographical indication; and

  (c) the consumer has not been or could not have been misled as to the true origin of the product.

• 3. 

  The dDecisions granting or extending a transitional period, as referred to in paragraphs 1 and 2, shall be published in the Union register of geographical indications for craft and

  industrial products.

• 4. 

  When using a designation referred to in paragraph 1, the indication of the country of origin shall clearly and visibly appear on the labelling.

• 5. 

  To overcome temporary difficulties with With a view to the long-term objective of ensuring that all producers of a product designated under protected by a geographical indication in the area concerned comply with the related product specification, a

  Member State may grant a transitional period for compliance, of up to 10 ten years, with taking effect from the date on which the application is lodged with the Office, provided that the operators concerned have legally marketed the products in question, using the names concerned continuously for at least 5 five years preceding the lodging of the application to the competent authorities authority of that Member State and have referred to that fact in the national opposition procedure referred to in Article 13.

• 6. 

  Paragraph 5, with the exception of the need to have raised the use of the name in the national opposition procedure, shall apply, mutatis mutandis, to a geographical

  indication referring to a geographical area situated in a third country, with the exception of the opposition procedure.

  Article 24 Decisions by of the Office on the application for registration

• 1. 

  (deleted)

• 2. 

  Where, on the basis of the information available to the Office from the examination carried out pursuant to Article 19, the Office considers that any of the requirements referred to in

  that Article is not fulfilled, it shall adopt a decision rejecting the application for registration.

• 3. 

  Where, the application meets the requirements laid down in Article 17 and on the basis of the information available to the Office from the examination carried out pursuant to Article 19, the Office considers that the requirements of this Regulation are met and receives no admissible and grounded opposition is received, the Office shall adopt a

  decision registering the name geographical indication.

• 4. 

  Where the Office receives an admissible and grounded opposition, and following the consultations referred to in Article 21(3a) an agreement has been reached, the Office, after checking that the agreement complies with Union law, shall adopt a decision registering the name geographical indication. If necessary, in case the event of standard nonsubstantial

  amendments referred to in Article 28(2), point (b), the Office shall adopt a decision amending the information published pursuant to Article 19(6 7).

• 5. 

  Where an admissible and grounded opposition had has been received, but no agreement has been reached following the consultations referred to in Article 21(3a), the Office shall examine whether the opposition is well-founded. The Office shall assess the grounds for opposition in relation to the territory of the Union. Based on this assessment, the Office shall either adopt a decision on registration reject the opposition and register the name protected as a geographical indication name, or reject the application.

• 6. 

  Decisions of the Office on registration made pursuant to paragraphs 3 to 5 adopted by the Office shall provide, where appropriate, specify for any conditions applicable to the

  registration and, in the event of any necessary amendments that are non-substantial, for the republication republish, for information purposes, of the information already published for opposition in the Union register pursuant to Article 19(7) in the Union register of geographical indications, in case of any necessary amendments that are not substantial.

• 7. 

  Decisions adopted by the Office shall be published in the Union register of geographical indications for craft and industrial products in all the official languages of the Union. The reference to the name of the product, class of the product, indications of the country or

  countries of origin and the reference to the decision published in the Union register of geographical indications for craft and industrial products shall be published in the official languages of the Union in the Official Journal of the European Union.

  Article 25 Decision by of the Commission

• 1. 

  Concerning applications for registration referred to in Article 17, the Commission may take over from the Office, at any time before the end of the procedure, on its own initiative, on the initiative of a or at the request of the competent authority of a Member State or of the Office, the power to decide on the application for registration of the proposed a geographical indication where such decision registration of the requested geographical indication may jeopardise the might be contrary to public interest policy, or its

  registration or rejection might jeopardise the Union’s trade or external relations. (last two sentences of this paragraph moved to paragraph 1a and 1b)

1a. Where, pursuant to paragraph 1 the Commission has taken over the procedure, The the Office shall submit a proposal to provide the Commission with a draft for a the

decision pursuant to referred to in paragraphs 2 to 6 of Article 24(2) to 24(6).

1b. The Commission shall adopt any decision to take over the procedure, as referred to in paragraph 1, and the final act any decisions on the application for registration, as

referred to in paragraph 1a, by means of an implementing act. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 65(2) and shall be published in the Union register referred to in Article 34a.

1c. This pParagraphs 1, 1a and 1ba shall apply, mutatis mutandis, to the cancellation of a geographical indication and the any amendment of to the product specification.

1d. (moved from paragraph 3) For the purposes of paragraph 1, 1a and 1b, tThe Office shall ensure that the Commission has access, through the digital system referred to in Article 64, to the documents concerning the applications for registration, any amendments of to the product specification and cancellations through the digital system referred to in Article 18(1) and Article 26(1).

• 2. 

  In situations referred to in paragraph 1 of this Article, tThe Commission shall adopt implementing acts on setting out the procedures applicable to the situations referred to in paragraph 1protection of the geographical indication. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 65(2) and shall be published in the Official Journal of the European Union and in the Union register of geographical indications for craft and industrial products.

• 3. 

  (moved to paragraph 1d.)

  Article 26 The Union register of geographical indications for craft and industrial products

(deleted – moved to Artcile 34a)

Article 27 Extracts from the Union register of geographical indications for craft and industrial products

(deleted – moved to Artcile 34b) Article 28

Amendments to a product specification

• 1. 

  The applicant in whose name the geographical indication has been registered, or Aa producer group or producer having a legitimate interest, may apply for request the

  approval of an amendment to the product specification of a registered geographical indication.

• 2. 

  Amendments to a product specification shall be classified into two categories:

  (a) Union substantial amendments as referred to in paragraph 3, requiring an opposition procedure at the Union level,; and

  (b) standard non-substantial amendments, to be dealt with at Member State or third - country level.

• 3. 

  An amendment shall be considered a Union substantial amendment if it concerns a revision of the single document and if any of the following conditions are met:

  (a) the amendment includes a change in the name of the geographical indication, or in the use of the name,;

  (b) the amendment risks voiding undermining the link to the geographical area referred to in the single document,; or

(c) the amendment entails further restrictions on the marketing of the product.

• 4. 

  In the examination of substantial amendments, the steps of the national and Union phase as set out in Articles 6, 12 to 15, and Articles 19 to 25 shall apply mutatis

  mutandis. Decisions on Union substantial amendments shall be approved taken by the Office or, where Article 25 applies, the Commission. The approval procedure shall follow mutatis mutandis the procedure and publication requirements laid down in Articles 6 to 25.

• 5. 

  Any other amendment to the product specification of a registered geographical indication, that is not a Union amendment in accordance with other than those referred to in

paragraph 3, shall be considered as a standard a non-substantial amendment., which shall fall within the competence of the Member States or third countries in whose territory

the product originates. Non-substantial amendments, once approved, shall be communicated to the Office. Where Article 15a applies, non-substantial amendments shall be approved by the Office.

• 6. 

  Applications Requests for amendments referred to in paragraph 2 submitted by the competent authority of a third country or by producers established in a third country shall contain proof that the requested amendment complies with the laws on the protection of geographical indications in force in that third country.

• 7. 

  If an application for a Union Where a request for a substantial amendment concerning a geographical indication of a Member State also relates to standard non-substantial

  amendments, the Office shall examine only the Union substantial amendments only shall be examined in accordance with paragraph 4. Any standard amendments shall be deemed as not having been submitted. The examination of such applications shall focus on the proposed Union amendments. (deleted last sentence moved to paragraph 7a)

7a. (moved from paragraph 7) Where appropriate, the competent authority of the

Member State concerned or the Office may invite the applicant in whose name the geographical indication has been registered to modify other elements of the product specifications.

• 8. 

  Standard amendments shall be approved by Member States or third countries in whose territory the geographical area of the product concerned is located. Such amendments shall be communicated to the Office. Where Article 25 applies, the Office shall approve the standard amendments. The Office shall make those Substantial and non-substantial amendments, once approved, shall be made public by the Office in the Union register of geographical indications for craft and industrial products.

• 9. 

  The Commission may adopt implementing acts laying down detailed rules on procedures, form and presentation of an amendment application for Union substantial amendment and on procedures, form and communication of standard non-substantial amendments to the Office. Those implementing acts shall be adopted in accordance with the examination

  procedure referred to in Article 65(2).

  Article 29 Cancellation of the registration

• 1. 

  The Office may, own 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, decide to cancel the registration of a geographical indication A registered geographical indication may be cancelled in the following cases, where:

  (a) where compliance with the requirements for the product specification can no longer be ensured;

  (b) where no product has been placed on the market under the geographical indication for at least a consecutive period of at least seven 7 years.; or

  (c) it was registered in breach of Article 37(1), Article 38(1) or (2), or Article 39(1).

• 2. 

  The Office may, at the request of the producer group of the product marketed under the registered name, decide to cancel the corresponding registration.A geographical

  indication may also be cancelled at the request of the applicant in whose name the geographical indication has been registered.

2a. A request for cancellation pursuant to paragraph 1 may be submitted by the competent authority of a Member State, a third country or a natural or legal person having a legitimate interest.

2b. The Commission or the Office may initiate a cancellation procedure on its own initiative, on the basis of the grounds set out in points (a) and (b) of paragraph 1.

• 3. 

  The steps of the national and Union phase as set out in Articles 6, 12 to 14, 15a, and

  Articles 19 to 25 shall apply, mutatis mutandis, to the cancellation procedure to the cancellation procedure.

• 4. 

  Before deciding to cancel the registration of a geographical indication, the Office shall consult the competent authority of the Member State, in the cases referred to in

  paragraphs 2a and 2b, inform the applicant in whose name the geographical indication has been registered. Before deciding to cancel the registration of a thirdcountry geographical indication, the Office shall consult the competent authorities of the third country concerned or, where possible, the third country producer group which had applied for the registration of the geographical indication concerned, unless the cancellation is directly requested by the original applicants. If the geographical indication was registered pursuant to Article 15a, the Office Geographical Indication Division shall may consult the Advisory Board referred to in Article 33 and the single point of contact referred to in Article 15(6) of the Member State concerned.

4a. The Union register shall be updated accordingly when a geographical indication is cancelled.

4b. This Article shall not apply to third-country geographical indications that are protected in the Union under the Geneva Act or under another international agreement to which the Union is a contracting party.

• 5. 

  The Commission may shall adopt implementing acts laying down detailed rules on procedures and form of the cancellation process, as well as on the presentation of the requests referred to in paragraphs 1 and 2 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 65(2). Article 30

Appeal

• 1. 

  Any party to a procedure regulated in this Regulation that is adversely affected by the a decision taken by the Office in that procedure may lodge an appeal to the Boards of Appeal referred to in Article 34 against the decision. (second and third sentences moved to

paragraph 1a) Member States shall also have the right to join the appeal procedure.

1a. (moved from pargarpah 1) The filing of the appeal shall have suspensive effect. The appealed A decisions of the Office that has not been contested shall take effect only as from the on the day following the date of expiration expiry of the appeal period referred to in paragraph 3.

• 2. 

  A decision which that does not terminate proceedings as regards one of the parties shall only be appealed together with the final decision.

• 3. 

  Notice The notice of appeal shall be filed in writing at with the Office within 2 two months of the date of publication of the decision. The notice shall be deemed to be have been filed only when the fee for appeal has been paid. In case the event of an appeal, a written statement setting out the grounds of appeal shall be filed within 4 four months of the date of publication of the decision.

• 4. 

  The Boards of Appeal shall examine whether the appeal is admissible. (covered by paragraph 5)

• 5. 

  Following an examination of admissibility of the appeal, the Boards of Appeal shall decide on the merits of the appeal. The Boards of Appeal shall either exercise any power within

  the competence of the gGeographical iIndications dDivision referred to in Article 32, which was responsible for the contested decision appealed, or remit the case to that gGeographical iIndications dDivision for further prosecution. The Boards of Appeal may, on its their own initiative or upon the written, reasoned request of a party, consult the Advisory Board as referred to in Article 33. The Office may offer mediation services pursuant to Article 170 of Regulation (EU) 2017/1001, with a view of assisting the parties reach an amicable settlement.

• 6. 

  Actions may be brought before the General Court of the European Union against decisions of the Boards of Appeal in relation to appeals, within two months of the date of publication notification of the decision of the Boards of Appeal, on grounds of

  infringement of an essential procedural requirement, infringement of the TFEU Treaty on the Functioning of the European Union, infringement of this Regulation or of any rule of law relating to their application or misuse of power. The action shall be open to any party to the proceedings before the Boards of Appeal adversely affected by its decision and to any Member State. The General Court shall have jurisdiction to annul or to alter the contested decision.

• 7. 

  The decisions of the Boards of Appeal shall take effect only as from on the day following the date of expiry of the appeal period referred to in paragraph 6 or, if an action has been brought before the General Court within that period, as from the date following the day of dismissal of such action or of dismissal of any appeal filed with the Court of Justice of the European Union against the decision of the General Court. The Office shall take the

  necessary measures to comply with the judgement of the General Court or, in the event of an appeal against that judgement, the Court of Justice.

• 8. 

  The Commission is empowered to adopt delegated acts in accordance with Article 66 to supplementing this Regulation by specifying:

  (a) the content of the notice of appeal referred to in paragraph 3 and the procedure for the filing and the examination of an appeal; and

  (b) the content and the form of the Boards of Appeal’s decisions as referred to in paragraph 5.

  Article 31 Establishment of a domain name information and alert system

  (deleted)

S ECTION 2

O RGANISATION AND TASKS OF THE O FFICE IN RELATION TO THE GEOGRAPHICAL

INDICATIONS

Article 32 Geographical Indications Division for craft and industrial products

• 1. 

  A Geographical Indications Division for craft and industrial products (‘the

  Geographical Indications Division’), as a department of shall be established within the

  Office,. That Division shall be responsible for taking decisions on behalf of the Office in

  relation to:

  (a) an application for registration of a geographical indication;

  (b) an application for amendment of to a geographical indication;

  (c) an opposition to an application to register or amend a geographical indication;

  (d) entries in the Union register of geographical indication for craft and industrial products;

  (e) requests for cancellation of a geographical indication.

• 2. 

  (deleted)

  Article 33 Geographical Indications Advisory Board

• 1. 

  An Advisory Board is shall be set up to deliver an opinion where provided for in this

  Regulation.

• 2. 

  The Geographical Indications Division and the Boards of Appeal as referred to in

  Article 32 and 34 may, and, at the request of the Commission shall, consult the Advisory Board on questions concerning an individual applications at any stage of the examination, opposition or the appeal procedure as referred to in Articles 19, 21, 22, 24, 28, 29 and 30. The Advisory Board may also be consulted as well as concerning the following on horizontal matters, such as:

  (a) the assessment of the quality criteria;

(b) the establishment of reputation and renown of the geographical indication;

(c) the determination of the generic nature of the name of the geographical indication;

(d) the assessment of fair competition in commercial transactions and the risk of confusing consumers in cases of conflict between geographical indications and trade marks, homonyms or existing products which that are legally marketed.

• 3. 

  The Geographical Indications Division referred to in Article 32 and, as applicable, the Boards of Appeal referred in Article 34, shall may consult the Advisory Board

  concerning the possible registration of all individual applications submitted through the direct registration procedure referred to in Article 15a.

• 4. 

  The opinions of the Advisory Board shall not be binding on the Geographical Indications Division and the Boards of Appeal.

• 5. 

  The Advisory Board shall be composed of one representative of each Member State and one representatives of the Commission and their respective alternates.

• 6. 

  The opinion of the Advisory Board shall be delivered in a panel of three members.

• 7. 

  The Office shall make public the list of members of the Advisory Board on its website and shall keep that list up-to-date.

• 8. 

  Procedures concerning the appointment of the members of the Advisory Board and its operation shall be specified in its rules of procedures as approved by the Management Board instituted by Article 153 of Regulation (EU) 2017/1001, and shall be made public.

• 9. 

  The mandates of members of the Advisory Board shall be up to 5 five years. Those mandates may be renewable.

• 10. 

  The Office shall provide the logistic support necessary for the Advisory Board and provide a secretariat for its meetings.

  Article 34 Boards of Appeal

In addition to the powers conferred upon it by Article 165 of Regulation (EU) 2017/1001, the The Boards of Appeal instituted by that Article 165 of Regulation (EU) 2017/1001 shall be responsible for deciding on appeals from against decisions of the Geographical Indications Division as regards their decisions concerning geographical indications subject to Article 28 of adopted by the Office under this Regulation.

(new) Article 34a The Union register of geographical indications for craft and industrial products

(ex Article 26)

• 1. 

  A publicly accessible electronic Union register of geographical indications for craft and industrial products shall be developed, kept and maintained by the Office for the

  management of geographical indications for craft and industrial products.

• 2. 

  Each geographical indication of craft and industrial products shall be identified in the

  Union register of geographical indications for craft and industrial products as a ‘protected geographical indication’. The Union register shall contain the entries referred to in this Regulation.

• 3. 

  Upon the entry into force of a decision registering a protected geographical indication in accordance with Article 24 or 25, the Office shall record enter the following data in the Union register of geographical indications for craft and industrial products:

  (a) the registered name of the product geographical indication registered as a ‘protected geographical indication’;

  (b) the class of the product type;

  (ba) the name of the applicant in whose name the geographical indication is registered;

  (c) the reference to the legal instrument act registering the name of the geographical indication;

  (d) indication of the country or countries of origin of the geographical indication.

• 4. 

  Geographical indications concerning craft and industrial products from third countries that are protected in the Union under an international agreement to which the Union is a contracting party the Geneva Act following a decision in accordance with Article 7 of Regulation (EU) 2019/1753 shall be entered in the Union register of geographical

  indications for craft and industrial products. (Second sentence moved to paragraph 4a)

4a. (Moved from paragraph 4) Geographical indications other than those concerning craft and industrial products from third countries that are protected in the Union under an international agreement – other than the Geneva Act – to which the Union is a

contracting party pursuant to Article 7 Regulation (EU) 2019/1753, shall be registered by means be entered in the Union register on the basis of implementing acts adopted by the

Commission in accordance with the examination procedure referred to in Article 65(2).

• 5. 

  Each geographical indication shall be entered in the Union register of geographical indications for craft and industrial products in its original script. Where the original script is not in Latin characters, the geographical indication shall be transcribed in Latin characters and both versions of the geographical indication shall be entered in the Union register of geographical indications for craft and industrial products and shall have equal status.

• 6. 

  (moved to Article 34c(2))

• 7. 

  The Office shall retain documentation related to the registration of a geographical indication in digital or paper form for the period of validity of the geographical indication, and in case the event of cancellation for 10 ten years thereafter.

7a. The running costs of the register shall be covered by the Office’s operational budget.

• 8. 

  The Commission may shall adopt implementing acts defining the content setting out the IT architecture and presentation of the Union register of geographical indications for craft and industrial products. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 65(2).

  (new) Article 34b Extracts from the Union register of geographical indications for craft and industrial products

(moved from Article 27)

• 1. 

  The Office shall ensure that any person is able has the possibility to download an official extract from the Union register of geographical indications for craft and industrial products an official extract that provides proof of registration of the geographical indication, and the relevant data including the date of application for the registration of the geographical indication or other priority date. The official extract may be used as an authentic certificate in legal proceedings, in a court of law, in a court of arbitration or similar body.

• 2. 

  (deleted)

• 3. 

  The Commission may shall adopt implementing acts defining the format and online presentation of extracts from the Union register of geographical indications for craft and industrial products. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 65(2).

  (new) Article 34c Technical assistance of the Office support

(moved from Article 62)

• 1. 

  Upon request by the The Commission, the Office shall carry out shall be empowered to adopt delegated acts supplementing this Regulation by rules on entrusting the Office with the examination of, and other related administrative tasks pertaining to, concerning third -country geographical indications for craft and industrial products:, other than

  geographical indications under the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications.

  (a) protected or proposed for protection pursuant to international negotiations or under an international agreements to which the Union is a party, other than the Geneva Act; or

  (b) proposed for protection under an international agreement under negotiation by the Union.

• 2. 

  (moved from Article 26(6)) On the basis of information received from Tthe

  Commission, the Office shall make public, and regularly update, both the list of the international agreements referred to in paragraph 2 protecting geographical indications for craft and industrial products to which the Union is a contracting party, and as well as the list of geographical indications protected under those agreements.

TITLE III

PROTECTION OF GEOGRAPHICAL INDICATIONS

Article 35 Protection of geographical indications

• 1. 

  Geographical indications entered in the Union register of geographical indications for craft and industrial products shall be protected against:

  (a) any direct or indirect commercial use of the geographical indication in respect of products not covered by the registration, where those products are identical or similar comparable to the products registered protected under that by the geographical indication, or where use of the name exploits, weakens, dilutes, or is detrimental to the reputation of, the protected geographical indication;

  (b) any misuse, imitation or evocation, even if the true origin of the products or services is indicated or if the protected geographical indication is translated or accompanied by an expression such as ‘style’, ‘type’, ‘method’, ‘as produced in’, ‘imitation’,

  ‘flavour’, ‘like’ or similar;

  (c) 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 materials, in documents or information provided on websites online interfaces relating to the products, and as well as the packing of the products in a container liable to convey a false impression as to their origin;

(d) any other practice liable to mislead the consumer as to the true origin of the products.

• 2. 

  For the purposes of paragraph 1, point (b), the evocation of a geographical indication shall be deemed to arise, in particular, where a term, sign, or other labelling or packaging device presents a sufficiently direct and clear link with the product covered by the registered

  geographical indication in the mind of the average European consumer who is reasonably well-informed and reasonably observant and circumspect consumer, thereby exploiting, weakening, diluting or being detrimental to the reputation of the registered name.

• 3. 

  Paragraph 1 shall also apply to a domain name containing or consisting of the registered geographical indication. The protection of geographical indications shall also apply to any use of a domain name that is in breach of paragraph 1.

• 4. 

  The protection referred to in paragraph 1 shall also apply to:

  (a) goods entering the customs territory of the Union without being released for free circulation within that territory; and

  (b) goods sold by means of distance selling, such as electronic commerce.

• 5. 

  The producer group or any producer that is entitled to use the protected geographical indication shall be entitled to prevent all third parties from bringing goods, in the course of trade, into the Union without being released for free circulation there, where such goods, including packaging, come from third countries and are contrary to paragraph 1.

• 6. 

  Geographical indications protected under this Regulation shall not become generic within the Union.

• 7. 

  Where a geographical indication is a compound name which contains a term which is considered to be generic, the use of that term shall not constitute a conduct referred to in paragraph 1, points (a) and (b).

  Article 36 Parts or components in manufactured products

• 1. 

  Article 35 is without prejudice to the use of a geographical indication by producers, in conformity with Article 43, to indicate that a manufactured product contains, as a part or component, a product designated by that geographical indication, provided that such use is made in accordance with honest commercial practices and does not exploit, weaken,

  dilute, or is not detrimental to, the reputation of the geographical indication.

• 2. 

  The geographical indication designating a product’s part or component shall not be used in the sales designation of the manufactured product, except in cases of agreement with a

  producer group or, in situations referred to in Article 6(3), a single producer where the applicant in whose name the geographical indication has been registered has given its agreement to such use.

  Article 37 Generic terms

• 1. 

  A Ggeneric terms shall not be registered as a geographical indication.

• 2. 

  To establish whether or not a term has become generic, account shall be taken of all relevant factors, in particular:

  (a) the existing situation in areas of consumption;

  (b) the relevant Union or national legal acts.

  Article 38 Homonymous geographical indications Homonyms

• 1. 

  A geographical indication that has been applied for after a wholly or partly homonymous geographical indication had name has been applied for or protected as a geographical

  indication in the Union shall not be registered, unless there is sufficient distinction in practice between the conditions of local and traditional usage and the presentation of the two homonymous indications names, taking into account the need to ensure equitable treatment of the producers concerned and the need to ensure that consumers are not misled as to the true identity or geographical origin of the products.

• 2. 

  A wholly or partly homonymous name which that is liable to misleads the consumer into believing that products come from another territory shall not be registered even if the name for the actual territory, region or place of origin of the products in question is accurate.

• 3. 

  For the purpose of this Article, a geographical indication applied for or protected in the

  Union refers to:

  (a) geographical indications that are entered in the Union register of geographical indications for craft and industrial products;

  (b) geographical indications that have been applied for, provided that they are subsequently entered in the Union register of geographical indications for craft and industrial products;

  (c) appellations of origin and geographical indications protected in the Union pursuant to the Regulation (EU) 2019/1753 30 ; and

  (d) geographical indications, names of origin and equivalent terms protected pursuant to an international agreement between the Union and one or more third countries.

30 Regulation (EU) 2019/1753 of the European Parliament and of the Council of 23 October

2019 on the action of the Union following its accession to the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications (OJ L 271, 24.10.2019, p. 1–11).

• 4. 

  The Office shall cancel, pursuant to Article 29(1)(c), any geographical indications that has been registered in breach of paragraphs 1 and 2, after having informed the applicant in whose name the geographical indication has been registered.

  Article 39 Relationship between geographical indications and Ttrade marks

(integrates most of former Article 42)

• 1. 

  A name shall not be registered as An application for the registration of a geographical indication shall be rejected where, in the light of a trade mark’s with a reputation and or renown a well-known mark, registration of the name proposed as a geographical

  indication could would be liable to mislead the consumer as to the true identity of the product.

• 2. 

  The Office shall cancel, pursuant to Article 29(1)(c), any geographical indication that has been registered in breach of paragraph 1, after having informed the applicant in whose name the geographical indication has been registered.

• 3. 

  (moved from Article 42(1)) An application for Tthe registration of a trade mark, the use of which would contravene Article 35, shall be rejected if the this application for registration of the trade mark is submitted after the date of submission to the Office of on which the

  application for the registration of the geographical indication has been submitted to the Office.

• 4. 

  (moved from Article 42(2)) The Office and, when as applicable, the national competent national authorities shall, upon request, invalidate trade marks registered in breach of

  paragraph 1 3.

• 5. 

  (moved from Article 42(4)) Without prejudice to paragraph 2 4 of this Article, a trade mark, the use of which contravenes Article 35, which has been applied for, registered, or established by use in good faith within the territory of the Union, if that possibility is provided for by the legislation concerned, before the date on which the application for registration of the geographical indication is submitted to the Office, may continue to be used and renewed notwithstanding the registration of a the geographical indication,

  provided that no grounds for invalidity or revocation of the trade mark exist under Directive (EU) 2015/2436 31 of the European Parliament and of the Council or Regulation (EU) 2017/1001. In such cases, the use of the geographical indication and that of the relevant trade mark shall be permitted.

• 6. 

  (moved from Article 42(5)) Guarantee or certification marks referred to in Article 28(4) of Directive (EU) 2015/2436 and collective marks referred to in Article 29(3) of that

  Directive may be used on labels and packaging devices, together with the geographical indication.

31 Directive (EU) 2015/2436 of the European Parliament and of the Council of 16 December 2015 to approximate the laws of the Member States relating to trade marks (OJ L 336,

23.12.2015, p. 1).

Article 40 Producer groups

• 1. 

  Member States shall verify that the producer Producer groups shall operates in a transparent, open and democratic non-discriminatory manner, and that allowing all producers of the product designated by the geographical indication to enjoy right of membership in join the group at any point in time. Member States may provide that public officials bodies, and other stakeholders such as consumer groups, retailers and suppliers, may also participate in the work of the producer group.

• 2. 

  A producer group may, in particular, exercise the following powers and responsibilities tasks:

  (a) develop and amend the product specification and manage set up internal controls compliance checks that ensure compliance of production steps with the product specification of the product designated by the geographical indication with that

  specification;

  (b) take legal action to ensure the protection of the geographical indication and of the any other intellectual property rights that are is directly connected with it the

  product;

  (c) agree sustainability undertakings, whether or not included in the product specification or as a separate initiative, including arrangements for verification of compliance with these undertakings and assuring adequate publicity for them in particular in an information system provided by the Commission;

(d) take action to improve the performance of the geographical indication, including:

(i) development, organisation and conduct of collective marketing and advertising campaigns;

(ii) dissemination of information and promotion activities aiming at communicating to consumers the attributes of the product designated by a geographical indication to consumers;

(iii) carrying out analyses into the economic performance, sustainability of production, technical characteristics of the product designated by the geographical indication;

(iv) dissemination of information on the geographical indication and the relevant Union symbol; and

(v) providing advice and training to current and future producers, including on gender mainstreaming and equality; and

(e) combat counterfeiting and suspected fraudulent uses on in the internal market of a geographical indication that is not in compliance with the product specification by monitoring the use of the geographical indication across the internal market and on in third -countryies’ markets where the geographical indications are protected,

including on the internet online interfaces, and, as necessary, by informing enforcement authorities using confidential systems available.

Article 41 Protection of geographical indication rights in domain names

(deleted – partly moved to recital (33))

Article 42 Conflicting trade marks (moved to Article 39, except for Article 42(3), which has been integrated into Article 67(2a) and

recital (31))

Article 43 Right to use

• 1. 

  (moved to Article 46(1))

• 2. 

  (deleted)

  Article 44 Union symbol, indication, abbreviation

• 1. 

  The Union symbol established for ‘protected geographical indications’ under Commission Delegated Regulation (EU) 664/2014 i 32 shall be applicable to geographical indications for craft and industrial products.

• 2. 

  In the case of For craft and industrial products originating in the Union that are marketed under a geographical indication, the Union symbol referred to in paragraph 1 may appear on the labelling and advertising material. The geographical indication shall be in the same field of vision as the Union symbol.

• 3. 

  The abbreviation ‘PGI’ corresponding to the indication ‘protected geographical indication’ may appear on the labelling of products designated by a geographical indication of craft

  and industrial products.

• 4. 

  Indications, abbreviations and Union symbols may be used in the labelling and advertising materials of manufactured products when the geographical indication refers to a part or

  component thereof. In that case, the indication, abbreviation or Union symbol shall be placed next to the name of the part or component that is clearly identified as a part or component. The Union symbol shall not be placed in a manner that suggests to the consumer that it is the manufactured product, rather than the part or component, that is the object of registration protected as a geographical indication.

32 Commission Delegated Regulation (EU) No 664/2014 i of 18 December 2013 supplementing Regulation (EU) No 1151/2012 i of the European Parliament and of the Council with regard to the establishment of the Union symbols for protected designations of origin, protected

geographical indications and traditional specialities guaranteed and with regard to certain rules on sourcing, certain procedural rules and certain additional transitional rules (OJ L 179, 19.6.2014, p. 17).

• 5. 

  After the submission of an Union application for the registration of a geographical indication at Union level, producers may indicate on the labelling, and in the presentation, of the product that an application has been filed in compliance accordance with Union law.

• 6. 

  The Union symbol indicating the protected geographical indication and the Union indication ‘protected geographical indication’ and the abbreviation ‘PGI’ as relevant, may appear on the labelling only after the publication of the decision on registration in accordance with Articles 24(7) and or 25(2), as applicable.

• 7. 

  Where an application is rejected, any products labelled in accordance with paragraph 4 5 may be marketed until the stocks are exhausted.

• 8. 

  The following may also appear on the labelling:

  (a) depictions of the geographical area of origin, as referred to in the product specification; and

  (b) text, graphics or symbols referring to the Member State or the region in which that geographical area of origin is located.

• 9. 

  The Union symbol associated with a geographical indication entered in the Union

  Rregister of geographical indications for craft and industrial products designating a craft and industrial product originating in a third countries country, may appear on the product labelling and advertising material of the product, in which case the symbol shall be used in conformity with paragraph 2.

• 10. 

  The Commission may adopt implementing acts specifying the technical characteristics of the Union symbol and indication as well as the rules concerning their use on the products marketed under a registered geographical indication, including rules concerning the

  appropriate linguistic versions to be used. These implementing acts shall be adopted in accordance with the examination procedure referred to in Article 65(2).

TITLE IV

CONTROLS AND ENFORCEMENT

(new) Article 44a Scope

• 1. 

  This Title covers controls of geographical indications of for craft and industrial products.

• 2. 

  (partly taken from Article 45(1)) Member States shall designate the competent authorities responsible for official controls to verify compliance with this Regulation. Those controls Controls shall include the following:

  (a) verification that a product designated by a geographical indication has been produced in conformity is in compliance with the corresponding product specification;

  (b) monitoring of the use of geographical indications in the marketplace.

  Article 45 Designation of competent authorities

• 1. 

  Member States shall designate the one or more competent authorities responsible for official the controls provided for in this Title to verify compliance with this Regulation.

• 2. 

  Competent The competent authorities referred to in paragraph 1 shall be objective and impartial, and shall have at their disposal the qualified staff and resources necessary to carry out their functions.

  Article 46 Verification of compliance with the product specifications by self-declaration

  (previous Article 46 replaced by text below; includes elements from Article 43(1), ex Articles 49 and 58(1))

• 1. 

  (moved from Article 43(1)) A registered geographical indication may be used by any producer marketing of a product conforming to that is in conformity with the

corresponding product specification or to the single document of an equivalent to the latter.

• 2. 

  For a product designated by a geographical indication and originating in the Union, the verification of compliance with the corresponding product specification shall be carried out by means of a self-declaration. The self-declaration shall be made using the form set out in Annex I and shall contain the information and requirements

  specified in that Annex.

• 3. 

  Prior to placing the product on the market, producers shall submit a self-declaration to the competent authority referred to in Article 45(1). Once the product is on the

  market, producers shall submit a renewed self-declaration once every three years to demonstrate continued compliance with the product specification. Where the product specification is amended in a way that affects the product concerned, the selfdeclaration shall be renewed without delay.

• 4. 

  (incorporates elements of former Article 58(1)) The competent authority shall check, at least, that the information provided in a self-declaration is complete and consistent. If the result of the check is positive, the competent authority shall issue, or renew, a

  certificate of authorisation to use the geographical indication for the product concerned. In the event of obvious errors and inconsistencies in the self-declaration, the producer shall be given the possibility to complete or correct the self-declaration.

• 5. 

  Verification based on self-declaration does not prevent producers from having conformity of the product verified by product certification bodies or natural persons.

• 6. 

  To check conformity of the product covered by the self-declaration, controls, which can take place before and after the product has been put on the market, shall be

  carried out, based on a risk analysis and, if available, notifications by interested producers of products designated by geographical indications, by:

  (a) the competent authority; or

  (b) one or more delegated product certification bodies including or natural persons to which responsibilities have been delegated in accordance with Article 50.

• 7. 

  In the event of detected non-compliance, the competent authority shall take the necessary measures to remedy the situation.

• 8. 

  (taken from Article 49(5)) The Commission shall be empowered to adopt delegated acts in accordance with Article 66, amending this Regulation and introducing to amend and

  introduce, where relevant, modifications to the information and requirements specified in the form set out in Annex 1 I.

  (new) Article 46a Verification of compliance by a competent authority or by delegated product certification bodies

or natural persons

• 1. 

  As an alternative to the procedure set out in Article 46, Member States may provide for the verification of compliance with the product specification by means of controls, to be carried out before and after the product has been put on the market. Such

  controls shall be carried out by:

  (a) one or more competent authorities referred to in Article 45(1); or

  (b) one or more product certification bodies or natural persons to which responsibilities have been delegated in accordance with Article 50.

• 2. 

  Where the result of the control carried out prior to placing the product on the market demonstrates compliance of the product with the product specification, the competent authority shall issue a certificate of authorisation to use the geographical indication

  for the product concerned.

• 3. 

  Controls carried out after the product has been put on the market shall be based on a risk analysis and, if available, on notifications by interested producers of products

  designated by geographical indications. Where the result of such controls confirms compliance of the product with the product specification, the competent authority shall renew the certificate of authorisation.

• 4. 

  In the event of detected non-compliance, the competent authority shall take the necessary measures to remedy the situation.

  (new) Article 46b Verification of compliance of products originating in a third country

(moved from Article 46(4))

In respect of geographical indications that designate products originating in a third country, the verification of compliance with the product specifications specification before placing the product on the market shall be carried out by:

(a) a public competent authority designated by the third country; or

(b) one or more product certification bodies.

(new) Article 46c Monitoring of the use of geographical indications in the market

(elements incorporated from ex Article 48)

• 1. 

  The authorities referred to in Article 45(1) shall monitor the use of geographical indications in the market, irrespective of whether the products in question are in storage, transit, distribution, or offered for sale at wholesale or retail level, including in electronic commerce.

• 2. 

  To that end, those authorities shall carry out controls, based on risk analysis and, if available, notifications of by interested producers of products designated by geographical indications. If necessary, those authorities shall take appropriate administrative and judicial steps to prevent or stop the use of names on products or services that are produced, operated or marketed in their territory and that contravene the protection of geographical indications provided for in Articles 35 and 36.

  Article 47 Due diligence obligations responsibilities of the producers

• 1. 

  Producers using the geographical indication shall ensure the continous compliance of the use of the name and symbol in the marketplace their products with the relevant product specification. (second sentence and its sub-points moved to new pargarpah 2)

• 2. 

  In order to prevent misuse of geographical indications in the market, producers They may:

  (a) monitor the commercial use of the geographical indication in the marketplace; and

  (b) (deleted)

  (c) take action to ensure adequate legal protection of the geographical indication, including, where appropriate, informing by notifying the competent authorities as referred to in Article 45(1), in accordance with Articles 46(6), 46a(3) and 46c(2).

  Article 48 Controls and enforcmeent of geographical indications rights in the marketplace (deleted – most elements of paras 1, 2 and 3 moved to Article 46c; para 4 moved to Article 57(3))

  Article 49 Self-declaration certification procedure (deleted – some elements moved to Article 46)

  Article 50 Delegation by the competent authorities of official of certain control tasks

• 1. 

  The Ccompetent authorities may delegate official certain control tasks related to products that are subject to the controls referred to in Articles 46(6), 46a(2), 46a(3) and 46c(2) to one or more product certification bodies including natural persons.

1a. The competent authority shall ensure that the delegated product certification body or natural persons, to which such the control tasks referred to in paragraph 1 have been are delegated, have the powers needed to effectively perform these tasks effectively.

• 2. 

  The delegation of official certain control tasks shall be in writing and shall comply with subject to the following conditions:

  (a) the delegation is to contain a precise description of the official control tasks that the delegated body or the natural person may perform, and the conditions under which it may perform those tasks;

  (b) the delegated product certification body:

  (i) is to have the expertise, equipment and infrastructure required to perform the official control tasks delegated to it;

  (ii) is to have a sufficient number of suitably qualified and experienced staff; and

  (iii) is to be impartial and free from any conflict of interest and, in particular, it is not to be in a situation which that may, directly or indirectly, affect the

  impartiality of its professional conduct as regards the performance of those control tasks delegated to it; and

  (iv) (deleted – covered by paragrpah 1) (c) where the official control tasks are delegated to natural persons, those natural

  persons:

  (i) are to have the expertise, equipment and infrastructure required to perform those official control tasks delegated to them;

  (ii) are to be suitably qualified and experienced; and

  (iii) are to act impartially and are to be free from any conflict of interest as regards the exercise of those official control tasks delegated to them; and

(d) there are to be arrangements in place ensuring efficient and effective coordination between the delegating competent authorities and the delegated product certification bodies, including or natural persons.

Article 51 Obligations of the delegated product certification bodies and natural persons

The product certification bodies or natural persons, to which official certain control tasks have been delegated in accordance with Article 50, shall:

(a) communicate the outcome of the official controls and related activities performed by them to the delegating competent authorities on a regular basis and whenever those authorities

so request;

(b) immediately inform the delegating competent authorities whenever the outcome of the official controls indicate non-compliance or point to the likelihood of non-compliance, unless specific arrangements as established between the competent authority and the

delegated product certification body or the natural person concerned provides otherwise; and

(c) give cooperate with and provide assistance to the competent authorities, and give those authorities access to their premises and facilities, cooperate and provide assistance to

documentation related to their delegated tasks.

Article 52 Obligations of the delegating competent authorities

• 1. 

  Competent authorities that have delegated certain official control tasks to product certification bodies or natural persons, in accordance with Article 50, shall:

  (a) organise audits or inspections of such bodies or persons, as necessary;

  (b) fully or partly withdraw the delegation without delay, where:

  (i)(a) there is evidence that such a delegated product certification body or natural person is failing to perform properly the tasks delegated to it;

  (ii)(b) the delegated product certification body or natural person fails to take appropriate and timely action to remedy the identified shortcomings; or

  (iii)(c) the independence or impartiality of the delegated product certification body or natural person has been compromised.

1a. (moved from end of paragraph 1) The competent authorities may also withdraw the delegation for reasons other than those referred to in this Regulation paragraph 1.

• 2. 

  (deleted first sentence moved to paragraph 1) The competent authorities may also withdraw the delegation for reasons other than those referred to in this Regulation. The competent authorities may organise audits or inspections of product certification bodies or natural persons at any time, as necessary. (second sentence takes over initial

  paragraph 1(a)) Article 53

Public information on competent authorities and product certification bodies

• 1. 

  Member States shall make public the names and addresses of the designated competent authorities, referred to in Article 45(1), and delegated product certification bodies

  including and natural persons referred to in Article 46(3 6)(b) and 46a(1)(b) and keep that

  information up-to-date updated.

• 2. 

  In relation to third countries, Tthe Office shall make public, where available, the names and addresses of the competent authorities and product certification bodies referred to in

  Article 46(4) 46b and update that information periodically.

• 3. 

  The Office may shall establish a digital portal where the names and addresses of the competent authorities and delegated product certification bodies including and natural persons referred to in paragraphs 1 and 2 are made public.

  Article 54 Accreditation of product certification bodies

• 1. 

  The product certification bodies referred to in Article 46 (3), point (b) and Article 46 (4), point (b) 50 shall comply with and be accredited, depending on their activities, in

  accordance with the following standards:

  (a) European standard EN ISO/IEC 17065:2012 ‘Conformity assessment — Requirements for bodies certifying products, processes and services’, including European standard ISO/IEC 17020:2012 ‘Conformity assessment — Requirements for the operation of various types of bodies performing inspection’; or and EN ISO/IEC 17025 for testing and calibration laboratories, including any revisions or amended versions of those standards; or

  (b) other suitable, internationally recognised standards, including any revisions or amended versions of the European Standards referred to in point (a).

• 2. 

  Accreditation referred to in paragraph 1 shall be performed by an accreditation body, recognised in accordance with Regulation (EC) No 765/2008 i 33 , that is a member of the European cooperation for Accreditation, or, for third-country product certification bodies, by an a recognised accreditation body outside the Union that is a member of International Accreditation Forum or International Laboratory Accreditation

  Cooperation.

33 Regulation (EC) No 765/2008 i of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and repealing Regulation (EEC) No 339/93 (OJ L 218 13.8.2008, p. 30).

Article 55 Orders to act against illegal content

• 1. 

  Any information related to the advertising, promotion and sale of goods to which persons established in the Union have access that contravenes the protection of

  geographical indications provided for in Articles 35 and 36 of this Regulation shall be

  considered illegal content within the meaning of Article 3, point (h) of Regulation

  (EU) 2022/2065 34 of the European Parliament and of the Council.

• 2. 

  Where provided by national law and in compliance with Union law, competent Relevant national judicial or administrative authorities of the Member States may, issue an order to act as referred to in accordance with Article 8 9 of Regulation (EU) 2022/2065, issue an order to act against one or more specific items of illegal content that contravenes

  Article 35 of this Regulation, as referred to in paragraph 1 of this Article.

  Article 56 Penalties

Member States shall lay down the rules on penalties applicable to non-compliance with, and infringements of, this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall, by the entry into force date of application of this Regulation, notify the Commission of those rules and of those measures and shall notify it, without delay, of any subsequent amendment affecting them.

34 Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services (DSA) and amending Directive 2000/31/EC i (OJ L 277, 27.10.2022, p. 1).

Article 57 Mutual assistance and resources

• 1. 

  Member States shall assist each other for the purposes of carrying out the controls and enforcement provided for in this Title.

• 2. 

  (initial paragraph 2 becomes paragraph 4; initial paragraph 3 becomes paragraph 2)

  Administrative assistance may include, where appropriate, and, by agreement between the competent authorities concerned, participation by the competent authorities of a Member State in on-the-spot checks that the competent authorities of another Member State perform.

• 3. 

  (initial paragraph 3 becomes paragraph 2; initial paragraph 4 becomes the first sentence

below; initial Article 48(4) becomes the 2 nd sentence below) In case the event of a possible

violation of the protection conferred to a geographical indication, a Member States shall take measures to facilitate the transmission, from law enforcement authorities, public prosecutors and judicial authorities within the Member State, to the competent authorities referred to in Article 45(1), of information on such possible violation. The authorityies designated in charge of the monitoring in the Member States, shall, in accordance with paragraph 1 shall coordinate enforcement of geographical indications among cooperate, as appropriate, with relevant departments, agencies and bodies, including police, anticounterfeiting agencies, customs, intellectual property offices, market surveillance and consumer protection authorities and retail inspectors.

• 4. 

  (initial paragraph 4 incorporated into paragraph 3; initial paragraph 2 becomes paragraph 4) The Commission may adopt implementing acts specifying the nature and the type of the information to be exchanged and the methods for exchanging information for the purposes of controls and enforcement under this Title. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 65(2). Article 58

  Certificates of authorisation to produce (deleted; para 1 incorporated into Article 46(4); elements of para 2 incorporated into recital (47b))

TITLE V

GEOGRAPHICAL INDICATIONS ENTERED IN THE

INTERNATIONAL REGISTER AND AMENDMENTS TO OTHER

ACTS

Article 59 Amendments to Council Decision (EU) 2019/1754

(deleted – Commission due to present a separate proposal for a Council Decision amending

Council Decision (EU) 2019/1754)

Article 60 Amendments to Regulation (EU) 2019/1753

Regulation (EU) 2019/1753 is amended as follows:

• (1) 

  Article 1 is amended as follows:

  (a) paragraph 2 is replaced by the following:

  ‘2. For the purposes of this Regulation, the term ‘geographical indications’ covers appellations of origin within the meaning of the Geneva Act, including designations of origin within the meaning of Regulations (EU) No 1151/2012 i and (EU)

  No 1308/2013, as well as geographical indications within the meaning of Regulations (EU) No 1151/2012 i, (EU) No 1308/2013, (EU) No 251/2014 i, (EU) 2019/787 and Regulation (EU) 2022…/… of the European Parliament and of the Council of … concerning geographical indication protection for craft and industrial products [this Regulation]. In respect of appellations of origin relating to craft and industrial products which are subject to an international registration, protection in the EU shall be construed as specified in Articles 5 and 35 of that Regulation.’;

  (b) the following paragraph 3 is added:

  ‘3. For the purposes of this Regulation, “the Office” means the European Union Intellectual Property Office, as defined under Regulation (EU) 2017/1001.’;

• (2) 

  Article 2 is amended as follows:

  (a) paragraph 1 is replaced by the following:

  ‘Upon the accession of the Union to the Geneva Act and thereafter on a regular basis, the Commission or the Office shall, in their respective capacity as Competent Authority within the meaning of Article 3 of the Geneva Act as specified in Article 4(1) of Council Decision (EU) 2019/1754, file applications for the international registration of geographical indications protected and registered under Union law and pertaining to products originating in the Union pursuant to Article 5(1) and Article (2) of the Geneva Act with the International Bureau of the World Intellectual Property Organization (‘the International Bureau’).’;

  (b) in paragraph 2, the first sentence is replaced by the following:

  ‘For the purposes of paragraph 1, Member States may request the Commission or, in respect of geographical indications protecting craft and industrial products (“craft and industrial geographical indications”), the Office, to register in the International Register geographical indications that originate in the territory of Member States and that are protected and registered under Union law;’;

  (c) the following paragraph 4 is added:

  ‘4. In respect of requests to register craft and industrial geographical indications in the International Register, the Office shall, in its capacity of as Competent Authority referred to in within the meaning of Article 3 of the Geneva Act as specified in Article 4(1) of Council Decision (EU) 2019/1754, proceed on the basis of its own the decision on granting protection in accordance with the procedure referred to in Articles 17 to 34b of Regulation (EU) 2022…/…’ [this Regulation];

• (3) 

  In Article 3, the following paragraph 4 is added:

  ‘4. In respect of craft and industrial geographical indications, the Office shall request the International Bureau to cancel a registration in the International Register of a geographical indication originating in a Member State if the circumstances of paragraph 1 are fulfilled.’;

• (4) 

  Article 4 is replaced by the following:

  ‘Article 4 Publication of third -country geographical indications registered in the International Register

  • 1. 

    The Commission or, in respect of craft and industrial geographical indications, the Office shall publish any international registration notified by the International Bureau pursuant to Article 6(4) of the Geneva Act, which concerns geographical indications registered in the International Register in respect of which the Contracting Party of Origin, as defined in point (xv) of Article 1 of the Geneva Act, is not a Member State.

  • 2. 

    The international registration referred to in paragraph 1 shall be published in the C series of the Official Journal of the European Union; or, in respect of international registrations relating to craft of and industrial geographical indications, the registration shall be published by the Office. The publication shall include a reference to the product type and country of origin.’;

• (5) 

  In Article 5, paragraph 1 is replaced by the following:

  ‘1. The Commission or, in respect of craft and industrial geographical indications, the Office shall assess any international registration notified by the International Bureau pursuant to Article 6(4) of the Geneva Act concerning the geographical indications registered in the International Register and in respect of which the Contracting Party of Origin, as defined in point (xv) of Article 1 of the Geneva Act, is not a Member State, in order to determine whether it includes the mandatory contents laid down in Rule 5(2) of the Common Regulations under the Lisbon Agreement and the Geneva Act (the ‘Common Regulations’), and the particulars concerning the quality, reputation or characteristics as laid down in Rule 5(3) of the Common Regulations.’;

• (6) 

  Article 6 is amended as follows:

  (a) paragraph 1 is replaced by the following:

  ‘1. Within four months from the date of publication of the international registration in accordance with Article 4, the competent authorities of a Member State or of a third country other than the Contracting Party of Origin as defined in point (xv) of Article 1 of the Geneva Act, or a natural or legal person having a legitimate interest and established in the Union or in a third country other than the Contracting Party of Origin, may lodge an opposition with the Commission or, in respect of craft and industrial geographical indications, the Office. The opposition shall be in one of the official languages of the Union.’;

  (b) in paragraph 2, point (e) is deleted.;

  (c) paragraph 3 is replaced by the following:

  ‘3. The grounds for opposition set out in paragraph 2 shall be assessed by the Commission or, in respect of craft and industrial geographical indications, the Office, in relation to the territory of the Union or part thereof.’;

• (7) 

  Article 7 is amended as follows:

  (a) in paragraph 1, the following sentence is added:

  ‘In respect of craft and industrial geographical indications, the Office shall reject any inadmissible opposition and decide to grant protection of the geographical indication.’;

  (b) in paragraph 2, the last sentence is replaced by the following:

  ‘In respect of craft and industrial geographical indications, the decision whether to grant

  protection shall be adopted by the Office, or, in cases referred to in Article 25 of

  Regulation (EU) 2022…/… [this Regulation], by the Commission.., in respect of

  which Tthe related implementing acts shall be adopted in accordance with the

  examination procedure referred to in Article 15(2).’;

  (c) paragraph 4 is replaced by the following:

  ‘4. In accordance with Article 15(1) of the Geneva Act, the Commission or, in respect of craft and industrial geographical indications, the Office shall notify the International Bureau of the refusal of the effects of the international registration concerned in the territory of the Union, within one year twelve months from the receipt of the notification of international registration in accordance with Article 6(4) of the Geneva Act[, or, in the cases referred to in the first paragraph of Article 5 of Decision (EU) 2019/1754, within two years from the receipt of that notification].’;

  (d) in paragraph 5 is replaced by, the last sentence is deleted;:

  ‘The Commission may, on its own initiative or following a duly substantiated request by a Member State, a third country or a natural or legal person having a legitimate interest, withdraw, in whole or in part, by means of an implementing act, a refusal previously notified to the International Bureau. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 15(2).

  (e) the following paragraphs 5a and 5b are added:

  ‘5a. In respect of craft and industrial geographical indications concerning the protection of which a previous refusal has been notified by the Office, the Office may, on its own initiative or following a duly substantiated request by a Member State, a third country or a natural or legal person having a legitimate interest, withdraw, in whole or in part, a refusal previously notified to the International Bureau.;

  5b. The Commission or, in respect of craft and industrial geographical indications, the Office shall notify the International Bureau of such withdrawal without delay.’;

• (8) 

  In Article 8(1) the following sentence is added:

  ‘In respect of craft and industrial geographical indications, the same shall apply to the decision of the Office.’;

• (9) 

  Article 9 is replaced by the following:

  ‘Article 9 Invalidation of effects in the Union of a third -country geographical indication registered in

the International Register

• 1. 

  The Commission or, in respect of craft and industrial geographical indications, the Office may, on its own initiative or following a duly substantiated request by a Member State, a third country or a natural or legal person having a legitimate interest, invalidate, in whole or in part the effects of protection in the Union of a geographical indication, in one or more of the following circumstances:

(a) the geographical indication is no longer protected in the Contracting Party of Origin;

(b) the geographical indication is no longer registered in the International Register;

(c) compliance with the mandatory contents laid down in rule 5(2) of the Common Regulations or with the particulars concerning the quality, reputation or

characteristics as laid down in Rule 5(3) of the Common Regulations is no longer ensured.

• 2. 

  The Commission shall adopt implementing acts for the purpose of paragraph 1. The implementing acts in question shall be adopted in accordance with the examination procedure referred to in Article 15(2) and only after the natural persons or legal entities as referred to in point (ii) of Article 5(2) of the Geneva Act or the beneficiaries as defined in point (xvii) of Article 1 of the Geneva Act have been given an opportunity to defend their rights.;

• 3. 

  Where the invalidation is no longer subject to appeal, the Commission, or in respect of craft and industrial indications, the Office shall notify the International Bureau without delay of the

  invalidation of the effects in the territory of the Union of the international registration of the geographical indication in accordance with point (a) or (c) of paragraph 1.’;

• (10) 

  In Article 11, paragraph 3 is replaced by the following:

  ‘3. In respect of each appellation of origin originating in a Member State which is party to the Lisbon Agreement, for a product falling within the scope of Regulation (EU) 2022…/… [this Regulation], but not yet protected under that Regulation, 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 a beneficiary as defined in point (xvii) of Article 1 of the Geneva Act, or on its own initiative, choose to request either:

  (a) the registration of that appellation of origin under Regulation (EU) 2022…/… [this Regulation]; or

  (b) the cancellation of the registration of that appellation of origin in the International Register.

  The Member State concerned shall notify the Office of the choice referred to in the first subparagraph, and lodge the respective request within one year following the adoption of Regulation (EU) 2022/…. by … [note to OJ: please set the date twelve months from the date of entry into force of Regulation (EU) …/… (this Regulation)]. The registration procedure foreseen in Article 67 (3) of Regulation (EU) 2022…/… applies mutatis mutandis.

  In the situations referred to in point (a) of the first subparagraph, the Member State concerned shall request the international registration of that appellation of origin under the Geneva Act, 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, within six months twelve months from the date of registration of the geographical indication under Regulation (EU) 2022…/… [this Regulation].

  The Member State concerned shall, in coordination with the Office, 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 Office shall authorise the Member State concerned to provide for the necessary modifications and to notify the International Bureau.

  If the request for registration under Regulation (EU) 2022…/… [this Regulation] 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 pursuant to the third subparagraph of this paragraph, the Member State concerned shall, without delay, request the cancellation of the registration of that appellation of origin in the International Register.’;

• (11) 

  in Article 15(1) the following point (e) is added:

  ‘(e) for craft and industrial products falling within the scope of Article 2(1) of Regulation (EU) 2022…/… [this Regulation], by the Craft and Industrial Geographical Indication Committee established by Article 65 of that Regulation.’.

  Article 61 Amendments to Regulation (EU) 2017/1001

Regulation (EU) 2017/1001 is amended as follows:

• (1) 

  in Article 151(1), the following point (ba) is inserted after point (b):

‘(ba) administration and promotion of geographical indications for craft and industrial products, in particular the tasks conferred on it under the Regulation (EU)

No 2022…/… [this Regulation] of the European Parliament and of the Council and

promotion of the geographical indications system.’;

(1a) in Article 153(1), the following point (n) is added: ‘(n) adopting rules of procedure of the Advisory Board referred to in Article 33(8) of Regulation …/… [this Regulation]’;

(1b) in Article 170, paragraph 2 is replaced by the following: ‘2. Any natural or legal person may use the Centre’s services on a voluntary basis with the aim of reaching a friendly settlement of disputes, based on this Regulation, Regulation (EC) No 6/2002 i or Regulation …./… [this Regulation], by mutual agreement.’;

• (2) 

  (deleted)

TITLE VI

TECHNICAL ASSISTANCE FEES

Article 62 Technical assistance of the Office

(moved to Article 34c)

(new) Article 62a Registration fFees (moved from Article 10)

• 1. 

  Member States may charge a fees to cover the costs of managing the national phase of the geographical indication system for craft and industrial products provided for in this

  Regulation, including notably those costs incurred in the processing of applications, statements notice of opposition, applications for amendments, requests for cancellations and appeals.

1a. (moved from Article 48(5) and 2 nd sentence of Article 43(2)) Member States may collect fees or charges to cover the costs of official controls in the marketplace conducted

pursuant to Title IV of this Regulation.

• 2. 

  (moved to paragraph 5a)

• 3. 

  The Office shall not charge any fee for any procedure under this Regulation. (deleted)

• 4. 

  By way of derogation to paragraph 3 of this Article, the The Office shall charge a fee for:

  (a) in the direct registration procedure, as referred to in Article 15a,;

  (b) in the procedure concerning products originating in a third country or third countries, as referred to in Article 17(3c) ; and

  (c) for the appeals before the Boards of Appeal, as referred to in Article 30.

4a. Fees may be charged also The Office may charge a fee for the requests for an amendment of to the product specification and for requests for cancellation of the geographical indication, if the procedure concerns a where the name that was registered under pursuant to one of the procedures referred to Article 15 or Article 17(3) in point (a) or (b) of paragraph 4.

• 5. 

  The Commission shall adopt implementing acts to determine the amounts of the fees charged by the Office and the ways in which they are to be paid or, in the case of the fee for appeals before the Boards of Appeal, reimbursed. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 65(2).

5a. (moved from paragraph 2) Where a Member State charges a fee, the level of the Any fees charged pursuant to this Title shall be reasonable, foster the competitiveness of the

producers of the geographical indications and shall may take into account the specific situation of micro, small and medium-sized enterprises.

TITLE VII

SUPPLEMENTARY PROVISIONS

(new) Article 62b Data protection

(moved from Article 4)

• 1. 

  The Commission and the Office shall be considered controllers within the meaning of

  Article 3, point (9 8), of Regulation (EU) 2018/1725 35 of the European Parliament and of the Council in relation to the processing of personal data in the procedure it is competent for in accordance with this Regulation.

• 2. 

  The competent authorities of Member States shall be considered controllers within the meaning of Article 4, point (7), of Regulation (EU) 2016/679 36 of the European Parliament and of the Council in relation to the processing of personal data in the procedures for which they are competent in accordance with this Regulation.

35 Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October

2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 i and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).

36 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC i , OJ L 119, 4.5.2016, p. 1–

88.

Article 63 Procedural languages

• 1. 

  All documents and information sent to the Office in respect of the procedures under this

  Regulation, shall be in one of the official languages of the Union.

• 2. 

  For the tasks conferred on the Office under this Regulation, the languages of the Office shall be all the official languages of the Union in accordance with Regulation 1 37 .

Article 64

IT system

• 1. 

  The digital system referred to in Article 18(1 2d), and the Union register of geographical indications for craft and industrial products referred to in Article 26 34a, and the digital portal referred to in Article 53(3) shall be developed, kept and maintained by the Office.

• 2. 

  (moved from Article 18(1)) The digital system shall be used for applications pursuant to Article 17, but shall also have the capacity to allow the submission of applications to

  competent authorities of a Member State, and to be used by the Member State in its at the national phase of registration procedure.

  Article 65 Committee procedure

• 1. 

  The Commission shall be assisted by the Committee for Craft and Industrial Geographical Indications Committee (‘the Committee’). That committee shall be a committee within the meaning of Regulation (EU) No 182/2011 i.

• 2. 

  Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 i shall apply.

37 Council Regulation No 1 determining the languages to be used by the European Economic Community (OJ 17, 6.10.1958, p. 385).

Article 66 Exercise of the delegation

• 1. 

  The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

• 2. 

  The power to adopt delegated acts referred to in Articles 9, 15a, 18, 29, 30, and 49 and 62 shall be conferred on the Commission for a period of seven years from [OJ: date of entry into force of this Regulation]. The Commission shall draw up a report in respect of the

  delegation of power not later than nine months before the end of the seven-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

• 3. 

  The delegation of power referred to in Articles 9, 15a, 18, 29, 30, and 49 and 62 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of power specified in that decision. It shall take effect on the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

• 4. 

  Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional

  Agreement of 13 April 2016 on Better Law-Making.

• 5. 

  As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

• 6. 

  A delegated act adopted pursuant to the Articles 9, 15a, 18, 29, 30 and, 49 or 62 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European

  Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

TITLE VIII

TRANSITIONAL AND FINAL PROVISIONS

Article 67 Transitional Ggeographical Iindication protection

• 1. 

  By [twelve months after the date of application of this Regulation], Nnational specific protection for geographical indications for craft and industrial products shall cease to exist, and pending applications shall be considered not to have been filed by [one year after the date of entry into force of this Regulation], unless a request pursuant to paragraph 2 is made.

• 2. 

  By [six months twelve months after the date of entry into force application of this

  Regulation], interested Member States shall inform the Commission and the Office, which of their legally protected names or, in the Member States where there is no protection system, which of their names established by usage, they wish to register and protect pursuant to this Regulation.

2a. On the basis of a request pursuant to paragraph 2, national protection may be extended in time by the Member State concerned until the registration procedure pursuant to paragraph 3 is finalised and the decision has become final. Where Union protection is granted, the day on which the Member States have informed the Office and the Commission, in accordance with paragraph 2, shall be deemed the first day of protection under this Regulation.

• 3. 

  In accordance with the procedure laid down in Articles 17 to 25, Names referred to in paragraph 2, which that comply with Articles 2, 5, 7 and 8, shall be registered by the Office, or, in the cases referred to in Article 25, by the Commission, in accordance with the procedure laid down in Articles 17 to 25shall register the names referred to in

  paragraph 2 of this Article, which comply with Articles 2, 5, 7 and 8. Articles 21 and 22 shall not apply. However, generic terms shall not be registered.

• 4. 

  (merged into paragraph 1)

  Article 68 Member States reporting obligation

• 1. 

  Member States or their national authorities shall report every four years to the Commission by [four years after the date of application of this Regulation], and every five years

  thereafter, on: the strategy and results of all the geographical indication controls carried out to verify compliance with the legal requirements related to the protection scheme established by this Regulation and of the enforcement of geographical indications for craft and industrial products in the market place including online as referred to in Article 45 on designation of competent authority,; Article 46 on verification of compliance with the product specifications, by self-declaration as referred to in Article 46; on verification of compliance by a competent authority or a designated third party as referred to in Article 46a, if applicable; on monitoring of the use of geographical indications for craft and industrial products in the market as referred to in Article 46c; Article 47 on due diligence, as referred to in Article 47; Article 48 on enforcement of geographical indications in the marketplace, and Article 55 on online platforms illegal content on online interfaces as referred to in Article 55.

• 2. 

  Eligible Member States shall provide the Commission by [six twelve months after before the date of entry into force application of this Regulation] with the information requested in required under Article 15 in order to opt for the ‘direct registration’ procedure. On the basis of the information received, the Commission shall adopt a Ddecision on the right

  request of the concerned Member State to opt for the ‘direct registration’ procedure as referred to in Article 15a and hence, to not designate a national authority for the management at national level of the procedures for the processing of applications, amendments of the product specification and cancellation as referred to in Article 15 required by Article 11(1).

• 3. 

  (moved to paragraph 5 of Article 11)

  Article 69 Review clause

By [five years after the date of entry into force application of this Regulation], and every five years thereafter, the Commission shall draw up a report on the implementation of this Regulation, accompanied by any proposals for revision that it may deem appropriate.

Article 70 Entry into force

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 [1 January 2024 the first day of the twentyfifth month after the entry into force of this Regulation], except Article 15(1) and (2), Article 33(1), Article 34a(8), and Articles 64 to 66, which shall apply as of the date of entry into force.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels …,

For the European Parliament For the Council

The President The President

ANNEXES to the ANNEX

ANNEX 1 I

Self-declaration referred to Article 49 46 of Regulation …/… [this Regulation]

• 1. 

  Name and address of the economic operator producer: …

  [Note: iInsert the name and address of the economic operator (company or individual producer) as well as, where applibale, the name and address of the signatory of the selfdeclaration, if deviating from the economic operator: authorised representative of the company or producer, who signs the self-declaration on the producer’s behalf]

1a. (moved from point 5) Producer group: …

[Note: If applicable, insert name and address of the producer group in of which the producer is a member]

• 2. 

  Name and type of the product and type of goods: …

  [Note: iInsert the full name with all appositions attributes under which the product designated by the geographical indication is marketed or is envisaged to be marketed and the type of goods to which the product belongs]

• 3. 

  Status of the product: …

  [Note: insert Specify whether the product concerned is already on the market or not]

• 4. 

  Production sites: …

  [Note: insert List all production sites, (with address, and contact detailas and activity (step of production pursuant to product specification) carried out there at each site)]

• 5. 

  (moved to point 1a.)

• 6. 

  Name, file number and registration date of the used geographical indication: …

  [Note: The requirement can be met by referring to attaching to the self-declaration the corresponding electronic excerpt from the register, which is to be attached to the selfdeclaration.]

• 7. 

  Main points of the product specification and its electronic publication reference

  Single document: …

  [Note: The insertion shall follow the indications made in Insert the information from the single document: the name, and a description of the product, including, where appropriate, specific rules the raw materials and information concerning the packaging and labelling, including the possible use of the PGI logo, and a concise definition of the geographical area]

• 8. 

  Description of the measures undertaken by the producer to ensure its conformity the product complies with the product specification: …

  [Note: iInsert all measures (controls and checks) with a summarised description undertaken whether by the producer himself/herself itself, the producer association group or assigned a third partyies since the last self-declaration has been submitted, together with a summary of each measure in the table below]

  Control Target Autocontrol Frequency Person Description Reference point 44 Refere (AC) 47 Rresponsibl of the document nce e for the Control

Vvalue Internal control method

45 Control

(IC) or eExternal Control

(Tests) (EC) 46

44 Control point: the checkpoint step or steps within the production process where the control measure is applied.

45 Target Reference value, if any, to be reached met at the control point.

46 AC: Control performed by the producer himself itself; IC: Control performed by the producer group; AC EC: Control performed by an external certification body or natural person.

47 Frequency: The time interval at which the control is performed.

• 9. 

  Additional information: …

  [Note: iInsert any further information considered relevant to an for the assessment of as to whether the product is compliant with the product specification, e.g. samples of the labelling if there is a labelling rule in the product specification in question]

• 10. 

  Declaration of compliance with the requirements of the product specification:

  I herewith declare that Tthe above-mentioned product, including its characteristics and components, complies with the rules of the corresponding product specification. All necessary controls and checks for the proper determination of conformity have been carried out.

  [The signatory is I am aware that in case the event of a false statements, sanctions may be imposed.]

Signed for and on behalf of:

(place and date):

(name, function) (signature):

ANNEX 2 II

Single document referred to in Article 8 of Regulation …/… [this Regulation] [Insert name, as in point 1 below:] ‘…’

EU Noumber: [for EU use only]

• 1. 

  Name(s) [of PGI] …

  [Insert the name proposed for registration that is requested to be protected as a geographpical indication or, in the case of an application for approval of an amendment to a product specification, the registered name]

• 2. 

  Member State or Tthird Ccountry …

• 3. 

  Description of the craft and industrial product

3.1. Type of product…

3.2. Description of the product to which the name in point (1) applies…

[Main points referred to in Article 8(1), point (b)(a)(ii). To identify the product, use definitions and standards commonly used for that product. In the description of the product, focus on its specificity, using measurement units and common or technical terms of comparison, without including technical characteristics inherent to all products of that type and or related mandatory legal requirements applicable to all products of that type (Article 8(2)].

3.3. Raw materials (for processed products only)…

[State Indicate any quality requirements, or restrictions on origin of raw materials. State justifications for any such restrictions. Such restrictions must be justified in relation to the link referred to in point (f)(g) of Article 7(1)].

3.4. Specific steps in production that must take place in the identified geographical area…

[State Indicate justifications for any restrictions or derogations.] 3.5. Specific rules concerning packaging, etc. of the product to which the registered name

refers to …

[If none, leave blank. State If applicable, provide product-specific justifications for any restrictions.]

3.6. Specific rules concerning labelling of the product to which the registered name refers to …

[If applicable, none, leave blank. State provide justifications for any restrictions.]

• 4. 

  Concise definition of the geographical area …

  [Where appropriate, insert a map of the geographical area]

• 5. 

  Link with the geographical area …

  Causal l [Indicate the link between the geographical origin and, where appropriate, a the given quality, the reputation or other characteristics of the product.

  [State explicitly on To that end, indicate on which ones of the given those factors (reputation, given quality, other characteristic of the product) the causal link is based and give information only with respect to the relevant factors, including, where appropriate, elements of the product description or production method justifying the link.]

Reference to publication of the product specification

ANNEX 3 III

Reasoned statement of opposition referred to in Article 22 of Regulation …/… [this Regulation]

• 1. 

  Name of product: …

  [as given entered in the Union e-Rregister]

• 2. 

  Official referenceNumber: …

  [as given entered in the Union e-Rregister]

  Reference number: …

2a. Date of publication of the single document and the product specification in the Union register: …

• 3. 

  Contact details

Contact person: Title (Mr, Ms…): … Name: …

Group/organisation/individual Natural or legal person/competent authority: …

Or national authority:

Department: …

Address: …

Telephone + …

e-mail address: … 4. Reason Grounds for the opposition:

– Non-compliance with the definition of geographical indication for craft and industrial products of this Regulation as laid down in Article 5;

– Registration proposed for registration is generic as laid down in Article 37;

– Registration of the name would be contrary to Article 38 (name wholly or partially homonymous);

– Registration of the name would be contrary to Article 39 (existing trademark);

– Registration would jeopardise the existence of names, trademarks or products as specified in Article 12(1), point (b)

– Non compliance with the requirements for protection laid down in this Regulation;

– The geographical indication proposed would be contrary to:

– Article 37 on generic terms of Regulation …/… [this Regulation];

– Article 38 on homonyms of Regulation …/… [this Regulation]; or

– Article 39(1) on existing trademarks of Regulation …/… [this Regulation];

– The geographical indication proposed would jeopardise the existence of an identical or similar name used in trade or of a trade mark, or the existence of products that have been legally on the market for at least 5 years preceding the date of the publication of the application provided for in Article 18(3)

• 5. 

  Details of opposition:

  [Provide duly substantiated reasons and justification for the opposition,. Provide which should also include a statement explaining the legitimate interest of the opposition, unless the opposition is lodged by the national authorities, in which case no statement of legitimate interest is required. The statement of opposition should be signbed and dated].