21. 6. 96 Official Journal of the European Communities No L 148/1 (Acts whose publication is obligatory) COMMISSION REGULATION (EC) No 1107/96 of 12 June 1996 on the registration of geographical indications and designations of origin under the procedure laid down in Article 17 of Council Regulation (EEC) No 2081/92 THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EEC) No 2081/92 of 14 July 1992 on the protection of geographical indica- tions and designations of origin for agricultural products and foodstuffs (*), and in particular Article 17 thereof, Whereas, pursuant to Article 17 of Regulation (EEC) No 2081/92, in the six months following the entry into force of that Regulation the Member States forwarded to the Commission the legally protected names or names esta- blished by usage they wished to register; Whereas, following examination of those names in accor- dance with Regulation (EEC) No 2081/92, some of them were found to be in accordance with the provisions of that Regulation and eligible to be registered and protected at Community level as geographical indications or desig- nations of origin; Whereas generic names are not registered; Whereas Article 7 of Regulation (EEC) No 2081/92 does not apply to the procedure provided for in Article 17; Whereas, pursuant to Article 14 (3) of Regulation (EEC) No 2081/92, a designation of origin or geographical indi- cation may not be registered where, in the light of a trade mark’s reputation and renown and the length of time it has been used, registration is liable to mislead the consumer as to the true identity of the product; () OJ No L 208, 24. 7. 1992, p. 1. Whereas, where a designation of origin or geographical indication whose name has already been registered as a trade mark is granted protection at the initiative of a single producer in accordance with the criteria set out in Article 1 of Commission Regulation (EEC) No 2037/93 (3, that producer may not prevent other produ- cers in the area defined who produce in accordance with the registered specification from using the protected designation of origin or the protected geographical indic- ation; Whereas, where a trade mark and a registered designation of origin or geographical indication could coincide, use of the trade mark corresponding to one of the situations referred to in Article 13 of Regulation (EEC) No 2081/92 may be continued only if that trade mark fulfils the conditions laid down in Article 14 (2) of that Regulation; Whereas certain Member States have made it known that protection was not requested for some parts of designa- tions and this should be taken into account; Whereas the registration of protected designations of origin or geographical indications does not imply exemp- tion from the obligation to comply with the rules in force concerning agricultural products and foodstuffs; Whereas the vote in the Committee provided for in Article 15 of Regulation (EEC) No 2081/92 resulted in no opinion; whereas, in the absence of an opinion and in accordance with that Article, the Commission forwarded a proposal to the Council for it to act on a qualified majority within three months; whereas, given that the Council did not act within that period, the proposed measures should be adopted by the Commision, () OJ No L 185, 28. 7. 1993, p. 5.