23.12.2006 Official Journal of the European Union L 369/1 I (Acts whose publication is obligatory) COMMISSION REGULATION (EC) No 1898/2006 of 14 December 2006 laying down detailed rules of implementation of Council Regulation (EC) No 510/2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and food- stuffs (1), and in particular Article 16 and Article 17(3) thereof, Whereas: 1 Regulation (EC) No 510/2006 has set up the general rules for the protection of geographical indications and desig- nations of origin and repealed Council Regulation (EEC) No 2081/92 (3. For the sake of clarity, Commission Regulation (EEC) No 2037/93 of 27 July 1993 laying down detailed rules of application of Council Regulation (EEC) No 2081/92 on the protection of geographical indications and desig- nations of origin for agricultural products and food- stuffs (}) and Commission Regulation (EC) No 383/2004 of 1 March 2004 laying down detailed rules for applying Council Regulation (EEC) No 2081/92 as regards the sum- mary of the main points of the product specifications () should be repealed and replaced by a new Regulation. The conditions in which one natural or legal person may apply for registration should be laid down. Specific atten- tion should be paid to delimitation of the area, taking into account the traditional zone of production, and character- istics of the product. Any producer established in the defined geographical area should be able to use the regis- tered name as long as the conditions in the product speci- fication are fulfilled. () OJ L 93, 31.3.2006, p. 12. (2) OJ L 208, 24.7.1992, p. 1. (%) OJL185,28.7.1993, p. 5. Regulation as last amended by Regulation (EC) No 2168/2004 (O] L 371, 18.12.2004, p. 12). () OJ L 64, 2.3.2004, p. 16. 4 Only a name that is in use in commerce or in common language, or which has been used historically to refer to the specific agricultural product or foodstuff, may be reg- istered. Specific rules concerning linguistic versions of a name, names covering several distinct products and names that are wholly or partially homonymous with names of plant varieties or animal breeds should be laid down. The geographical area should be defined with regard to the link and in a detailed, precise way that presents no ambiguities for producers or competent authorities and control bodies to know if the operations take place inside the defined geographical area. A list of raw materials for designations of origin which in accordance with Article 2(3) of Regulation (EC) No 510/2006 may come from a geographical area larger than or different from the processing area should be pro- vided. Pursuant to Article 2(5) of Regulation (EEC) No 2081/92, only live animals, meat and milk have been included in the list. For the sake of continuity, no changes to this list are proposed. The product specification must include the measures taken to ensure proof of origin, allowing following the path of the product, raw materials, feed and other items that are required to come from the defined geographical area. Where packaging of an agricultural product or foodstuff or operations concerning its presentation, such as slicing or grating, are restricted to a defined geographical area, this constitutes a restriction on free movement of goods and freedom to provide services. In the light of the case- law of the Court of Justice, such restrictions can only be imposed if they are necessary, proportionate and capable of upholding the reputation of the geographical indica- tion or the designation of origin. Justifications for such restrictions must be provided.