Proposal for a COUNCIL REGULATION (EC) amending Regulation (EEC) No 2081/92 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs
COMMISSION OF THE EUROPEAN COMMUNITIES * * * ** * * * ** Brussels, 12. 06. 1996 COM(96) 266 final 96/0159 (CNS) Proposal for a COUNCIL REGULATION ŒC) amending Regulation (EEC) No 2081/92 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (presented by the Commission) EXPLANATORY MEMORANDUM Article 13(2) of Regulation (EEC) No 2081/92 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs specifies a maximum transitional period of five years from the date of the Regulation's publication during which Member States may on certain terms maintain national measures authorizing the use of expressions covered by Article 13(l)(b). The first proposal to register geographical indications and designations of origin, notified under the simplified procedure provided for in Article 17 of Regulation (EEC) No 2081/92, was presented to the Council (under the fourth paragraph of Article 15 of the Regulation) only in March 1996, owing to the amount of time needed to examine all applications and obtain further information. Registration of a name under the Regulation means that its use is reserved to undertakings located in the area indicated in the product specification, i. e. other undertakings cannot use it and must modify their trading practices accordingly. The economic implications of registration can therefore be serious and for that reason a transitional period for adjustment to the Regulation was specified in its Article 13(2). The Commission considers that since the transitional period is due to expire on 25 July 1997 its utility needs to be maintained by altering its commencement date from that on which the Regulation was published, i. e. 24 July 1992, to that on which the names were registered. Furthermore, given that the prohibition provided for in Article 13(l)(a) may overlap with that provided for in point (b), the adjustment period should also apply to Article 13(l)(a) of Regulation (EEC) No 2081/92 and not just to paragraph 1(b) of that Article. Given that existing names, used in the Member States, are those notified under Article 17, the transitional period should apply only to names registered under that Article so as not to prejudice producers when granting them the adjustment period. Proposal for a COUNCIL REGULATION (EC) 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(1), Having regard to the opinion of the European Parliament^, Having regard to the opinion of the Economic and Social Committee(3), Whereas Article 13(2) of Council Regulation (EEC) No 2081/92(4), as amended by the Act of Accession of Austria, Finland and Sweden, 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 authorizing the use of the expressions referred to in paragraph 1(b) of that Article under certain conditions; whereas Regulation (EEC) No 2081/92 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 only submitted to the Council in March 1996 and the greater part of the five-year transitional period has passed; whereas, in order to maintain the full effect of that transitional period, the date of commencement of the five-year period should be amended to start on the date of registration 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, (1) OJ No (2) OJ No (3) OJ No (4) OJ No L 208, 24. 7. 1992, p. 1. HAS ADOPTED THIS REGULATION: Article 1 Article 13(2) of Regulation (EEC) No 2801/92 is hereby replaced by the following: "Notwithstanding points (a) and (b) of paragraph 1, Member States may maintain national measures authorizing the use of names registered under Article 17 for a period of not more than five years from the date of publication of registration, provided that: the products have been marketed legally using such names for at least five years before the date of publication of this Regulation; the labelling clearly indicates the true origin of the product. However, this derogation may not lead to the marketing of products freely on the territory of a Member State where such names are prohibited. " Article 2 This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, For the Council The President ISSN 0254-1475 COM(96) 266 final DOCUMENTS EN 03 08 Catalogue number : CB-C096-289-EN-C ISBN 92-78-05556-5 Office for Official Publications of the European Communities L-2985 Luxembourg