25. 3. 97 Official Journal of the European Communities No L 83/3 COUNCIL REGULATION (EC) No 535/97 of 17 March 1997 amending Regulation (EEC) No 2081/92 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 43 thereof, Having regard to the proposal from the Commission ('), Having regard to the opinion of the European Parlia- ment (3), Having regard to the opinion of the Economic and Social Committee (%), Whereas Article 13 (2) of Regulation (EEC) No 2081/92 (% provides for a transitional period of up to five years from the publication of that Regulation during which the Member States may maintain national measures author- izing the use of the expressions referred to in paragraph 1 (b) of that Article under certain conditions; whereas the said Regulation was published on 24 July 1992; whereas the transitional period will accordingly expire on 25 July 1997; Whereas the first proposal for registration of geographical indications and designations of origin was submitted to the Council only in March 1996 whereas the greater part of the five-year transitional period had already passed; whereas, in order to maintain the full effect of that transi- tional period, the date of commencement of the five-year period should be amended to start on the date of registra- tion of the names; whereas provision should also be made for the transitional period also to apply to point (a) of Article 13 (1) of Regulation (EEC) No 2081/92, given that the prohibition provided for in that point may overlap that provided for in point (b} of the same paragraph; Whereas the transitional period should apply only to names registered under Article 17 of Regulation (EEC) No 2081/92, since the granting of this adjustment period should not prejudice producers with regard to existing names already used in the Member States; Whereas it takes some time to process an application for registration of a name as a protected geographical indica- tion or a protected designation of origin under Regulation (EEC) No 2081/92; whereas Member States should be allowed to grant temporary national protection pending a Community decision on the registration of a name; OJ No C 241, 20. 8. 1996, p. 7. OJ No C 33, 3. 2. 1997. OJ No C 30, 30. 1. 1997, p. 39. OJ No L 208, 24. 7. 1992, p. 1. Regulation as amended by the 1994 Act of Accession. whereas, in order to settle any conflicts that may arise between producers in a Member State, the Member State concerned may, if necessary, allow a national transitional period that would subsequently have to be confirmed by a Community decision; whereas the consequences of the above national measures must be borne by the Member State which introduced them; whereas, lastly, the said measures must not constitute a barrier to intra- Community trade; Whereas a transitional period of five years may be laid down on a case-by-case basis for names, registration of which has been applied for under Article 5 of Regulation (EEC) No 2081/92, but solely under Article 7 (5) (b) of that Regulation and on certain grounds, HAS ADOPTED THIS REGULATION: Article 1 Regulation (EEC) No 2081/92 is hereby amended as follows: 1. Article 1 (1), third subparagraph, shall be replaced by the following: ‘Annexes I and II may be amended in accordance with the procedure set out in Article 15/ 2. In Article 5 (5) the following text shall be inserted after the first subparagraph: ‘That Member State may, on a transitional basis only, grant on the national Jevel a protection in the sense of the present Regulation to the name forwarded in the manner prescribed, and, where appropriate, an adjust- ment period, as from the date of such forwarding; these may also be granted transitionally subject to the same conditions in connection with an application for the amendment of the product specification. Such transitional national protection shall cease on the ~ date on which a decision on registration under this Regulation is taken. When that decision is taken, a period of up to five years may be allowed for adjust- ment, on condition that the undertakings concerned have legally marketed the products in question, using the names concerned continuously, for at least five years prior to the date of the publication provided for in Article 6 (2). The consequences of such national protection, where a name is not registered under this Regulation, shall be the sole responsibility of the Member State concerned.