31.3.2006

EN

Official Journal of the European Union

L 93/1

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COUNCIL REGULATION (EC) No 509/2006

of 20 March 2006

on agricultural products and foodstuffs as traditional specialities guaranteed

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 37 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament (1),

Whereas:

(1)	The production, manufacture and distribution of agricultural products and foodstuffs play an important role in the Community economy.

(2)

The diversification of agricultural production should be encouraged. The promotion of traditional products with specific characteristics could be of considerable benefit to the rural economy, particularly in less-favoured or remote areas, both by improving the income of farmers and by retaining the rural population in these areas.

(3)	For the sound running of the internal market in foodstuffs, economic operators should be provided with instruments allowing them to enhance the market value of their products while protecting consumers against improper practices and guaranteeing fair trade.

(4)

Council Regulation (EEC) No 2082/92 of 14 July 1992 on certificates of specific character for agricultural products and foodstuffs (2) defines the certificates of specific character, and the term ‘traditional speciality guaranteed’ was introduced by Commission Regulation (EEC) No 1848/93 (3), which lays down the detailed rules for applying Regulation (EEC) No 2082/92. The certificates of specific character, more commonly referred to as ‘traditional specialities guaranteed’, meet consumer demand for traditional products with specific characteristics. Given the diversity of products on the market and the abundance of information concerning them, consumers should, in order to be able to make better choices, be provided with clear and succinct information regarding the specific characteristics of these foodstuffs.

(5)

With a view to clarification, the term ‘certificate of specific character’ should be abandoned in favour of ‘traditional speciality guaranteed’ alone, which is easier to understand and, in order to make the goal of this Regulation more explicit for producers and consumers alike, the term ‘specific character’ should be precisely defined and a definition of the term ‘traditional’ should be introduced.

(6)

Certain producers would like to derive market value from traditional agricultural products or traditional foodstuffs the inherent characteristics of which distinguish them clearly from similar products or foodstuffs. In order to protect the consumer, the traditional speciality guaranteed should be subject to inspection. Such a voluntary system, enabling operators to make known the quality of an agricultural product or a foodstuff throughout the Community, should offer every guarantee in order to ensure that any references which may be made to the quality in the trade are substantiated.

(7)

The labelling of agricultural products and foodstuffs is subject to the general rules laid down in Directive 2000/13/EC of the European Parliament and of the Council of 20 March 2000 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs (4). In view of their specific character, however, special additional provisions should be adopted for traditional specialities guaranteed. In order to make for easier and quicker identification of traditional specialities guaranteed produced within the Community, use of the indication ‘traditional speciality guaranteed’ or the associated Community symbol should be made obligatory on their labelling, while affording operators a reasonable amount of time to adjust to this requirement.

(8)

To ensure compliance with, and the consistency of, the traditional specialities guaranteed, producers organised into groups should themselves define specific characteristics in a product specification. The option of registering a traditional speciality guaranteed should be open to third-country producers.

(9)

The traditional specialities guaranteed protected within the Community should be subject to control arrangements, based on Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (5), as well as control arrangements to ensure that operators comply with the product specification before marketing agricultural products and foodstuffs.

(10)	To qualify for protection, traditional specialities guaranteed should be registered at Community level. Entry in a register should also provide information to those involved in the trade and to consumers.

(11)

The national authorities of the Member State concerned should scrutinise each application for registration in accordance with minimum common rules, including a procedure for raising objections at national level, in order to ensure that the agricultural product or foodstuff concerned is traditional and has specific characteristics. The Commission should subsequently undertake a scrutiny to ensure a uniform approach towards applications for registration lodged by the Member States and by third-country producers.

(12)

In order to improve the efficiency of the registration procedure, vexatious and unjustified objections should not be entertained and the grounds on which the Commission assesses the admissibility of objections sent to it should be specified. The right to object should be granted to citizens of third countries with a legitimate interest, under the same criteria as those applying to Community producers. These criteria should be evaluated in relation to the territory of the Community. In the light of the experience gained, the period for consultations where objections are made should be adjusted.

(13)	Provisions should be introduced to clarify the scope of the protection granted under this Regulation, stating in particular that this Regulation should apply without prejudice to existing rules concerning trademarks and geographical indications.

(14)

In order to avoid creating unfair conditions of competition, any producer, including third-country producers, should be able to use either a registered name together with a particular indication and, where appropriate, the Community symbol associated with the indication ‘traditional specialities guaranteed’ or a name registered as such, provided that the agricultural product or foodstuff which is produced or processed complies with the requirements of the relevant specification and the producer employs the services of authorities or bodies for verification in accordance with this Regulation.

(15)	If they are to be attractive to producers and reliable for consumers, indications relating to the specific character of an agricultural product or a foodstuff should be granted legal protection and be subject to controls.

(16)	Member States should be authorised to charge a fee to cover the costs incurred.

(17)	The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (6).

(18)

Provisions should be introduced to identify the rules in this Regulation that apply to applications for registration which reach the Commission before its entry into force. Operators should be permitted a reasonable amount of time to adapt both the private control bodies and the labelling of agricultural products and foodstuffs marketed as traditional specialities guaranteed.

(19)	In the interests of clarity and transparency, Regulation (EEC) No 2082/92 should be repealed and replaced by this Regulation,

HAS ADOPTED THIS REGULATION:

Article 1

Scope

1.   This Regulation lays down the rules under which a traditional speciality guaranteed may be recognised for:

(a)	the agricultural products intended for human consumption listed in Annex I to the Treaty;

(b)	the foodstuffs listed in Annex I to this Regulation.

Annex I hereto may be amended in accordance with the procedure referred to in Article 18(2).

2.   This Regulation shall apply without prejudice to other specific Community provisions.

3.   Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society Services (7) shall not apply to the traditional specialities guaranteed covered by this Regulation.

Article 2

Definitions

1.   For the purposes of this Regulation:

(a)	‘specific character’ means the characteristic or set of characteristics which distinguishes an agricultural product or a foodstuff clearly from other similar products or foodstuffs of the same category;

(b)	‘traditional’ means proven usage on the Community market for a time period showing transmission between generations; this time period should be the one generally ascribed to one human generation, at least 25 years;

(c)	‘traditional speciality guaranteed’ means a traditional agricultural product or foodstuff recognised by the Community for its specific character through its registration under this Regulation;

(d)	‘group’ means any association, irrespective of its legal form or composition, of producers or processors working with the same agricultural product or foodstuff.

2.   The characteristic or set of characteristics referred to in paragraph 1(a) may relate to the product's intrinsic features such as its physical, chemical, microbiological or organoleptic features, or to the product's production method or to specific conditions that pertain during its production.

The presentation of an agricultural product or a foodstuff is not regarded as a characteristic within the meaning of paragraph 1(a).

The specific characteristic defined in paragraph 1(a) may not be restricted to qualitative or quantitative composition, or to a mode of production, laid down in Community or national legislation, in standards set by standardisation bodies or in voluntary standards; however, this rule shall not apply where the said legislation or standard has been established in order to define the specificity of a product.

Other interested parties may join the group referred to in paragraph 1(d).

Article 3

Register

The Commission shall keep a register of the traditional specialities guaranteed recognised throughout the Community under this Regulation.

The register shall have two lists of traditional specialities guaranteed, according to whether or not use of the name of the product or foodstuff is reserved to producers who comply with the product specification.

Article 4

Requirements as regards products and names

1.   In order to appear in the register referred to in Article 3, an agricultural product or foodstuff shall either be produced using traditional raw materials or be characterised by a traditional composition or a mode of production and/or processing reflecting a traditional type of production and/or processing.

Registration shall not be permitted in the case of an agricultural product or foodstuff the specific character of which is due to its provenance or geographic origin. The use of geographic terms shall be authorised in a name without prejudice to Article 5(1).

2.   To be registered, the name shall:

(a)	be specific in itself, or

(b)	express the specific character of the agricultural product or foodstuff.

3.   A specific name as referred to in paragraph (2)(a) shall be traditional and comply with national provisions or be established by custom.

A name expressing specific character, as referred to in paragraph (2)(b), may not be registered if:

(a)	it refers only to claims of a general nature used for a set of agricultural products or foodstuffs, or to those provided for by particular Community legislation;

(b)	it is misleading, a particular example being a reference to an obvious characteristic of the product or one that does not correspond to the specification and is therefore likely to mislead the consumer as to the product's characteristics.

Article 5

Restrictions on the use of names

1.   This Regulation shall apply without prejudice to Community rules or those of the Member States governing intellectual property and in particular those concerning geographical indications and trademarks.

2.   The name of a plant variety or breed of animal may form part of the name of a traditional speciality guaranteed, provided that it is not misleading as regards the nature of the product.

Article 6

Product specification

1.   In order to qualify as a traditional speciality guaranteed (TSG), an agricultural product or foodstuff shall comply with a product specification.

2.   The product specification shall include:

(a)	the name referred to in Article 4(2), in one or more languages, indicating whether the group applies for registration with or without reservation of the name and whether the group applies to benefit from the provisions of Article 13(3);

(b)	a description of the agricultural product or foodstuff including its main physical, chemical, microbiological or organoleptic characteristics;

(c)	a description of the production method that the producers must follow, including where appropriate the nature and characteristics of the raw materials or ingredients used and the method of preparation of the agricultural product or foodstuff;

(d)	the key elements that define the product's specific character and, where appropriate, the reference basis used;

(e)	the key elements that prove the product's traditional character as laid down in the first subparagraph of Article 4(1);

(f)	the minimum requirements and procedures to check the specific character.

Article 7

Application for registration

1.   Only a group shall be entitled to apply for registration of a traditional speciality guaranteed.

Several groups from different Member States or third countries may submit a joint application.

2.   A group may lodge a registration application only for the agricultural products or foodstuffs it produces or obtains.

3.   The application for registration shall include at least:

(a)	the name and address of the applicant group;

(b)	the product specification provided for in Article 6;

(c)	the name and address of the authorities or bodies verifying compliance with the provisions of the specification, and their specific tasks;

(d)	the documents proving the product's specific and traditional character.

4.   If the group is established in a Member State, the application shall be lodged with that Member State.

The Member State shall scrutinise each application by appropriate means in order to check that it is justified and meets the conditions laid down in this Regulation.

5.   As part of the scrutiny referred to in the second subparagraph of paragraph 4, Member States shall initiate a national objection procedure, ensuring adequate publication of the application and providing for a reasonable period in which any natural or legal person having a legitimate interest and established or resident on its territory may lodge an objection to the application.

The Member State shall consider the admissibility of the objections received in the light of the criteria referred to in the first subparagraph of Article 9(3).

6.   If the Member State considers that the requirements of Articles 4, 5 and 6 are met, it shall forward to the Commission:

(a)	the name and address of the applicant group;

(b)	the product specification referred to in Article 6;

(c)	the name and address of the authorities or bodies verifying compliance with the provisions of the specification, and their specific tasks;

(d)	a declaration by the Member State that it considers that the application submitted by the group meets the conditions laid down in this Regulation and the provisions adopted for its implementation.

7.   Where an application for an agricultural product or foodstuff comes from a group in a third country, it shall be sent to the Commission either directly or through the authorities of that country, and shall comprise the information laid down in paragraph 3.

8.   The documents referred to in this Article sent to the Commission shall be in one of the official languages of the institutions of the European Union or be accompanied by a certified translation in one of those languages.

Article 8

Scrutiny by the Commission

1.   The Commission shall scrutinise by appropriate means the application received pursuant to Article 7 to check that it is justified and meets the conditions laid down in this Regulation. This scrutiny should not exceed a period of 12 months.

The Commission shall, each month, make public the list of names for which registration applications have been submitted to it, as well as their date of submission to the Commission.

2.   Where, based on the scrutiny carried out pursuant to the first subparagraph of paragraph 1, the Commission considers that the conditions laid down in this Regulation are met, it shall publish in the Official Journal of the European Union the information referred to in Article 7(3)(a), (b) and (c).

Where this is not the case, the Commission shall decide to reject the application, following the procedure referred to in Article 18(2).

Article 9

Objections

1.   Within six months from the date of publication in the Official Journal of the European Union provided for in the first subparagraph of Article 8(2), any Member State or third country may object to the registration proposed by lodging a duly substantiated statement with the Commission.

2.   Any natural or legal person having a legitimate interest, established or resident in a Member State other than that applying for the registration or in a third-country, may also object to the proposed registration by lodging a duly substantiated statement.

In the case of natural or legal persons established or resident in a Member State, such statement shall be lodged with that Member State within a time-limit permitting an objection in accordance with paragraph 1.

In the case of natural or legal persons established or resident in a third country, the statement shall be lodged with the Commission, either directly or via the authorities of the third country concerned, within the time-limit set in paragraph 1.

3.   Statements of objection shall be admissible only if they are received by the Commission within the time-limit set in paragraph 1 and if they show:

(a)	non-compliance with the conditions referred to in Articles 2, 4 and 5; or

(b)	in the case of an application under Article 13(2), that use of the name is lawful, renowned and economically significant for similar agricultural products or foodstuffs.

The Commission shall check the admissibility of objections.

The criteria referred to in the first subparagraph shall be evaluated in relation to the territory of the Community.

4.   If the Commission receives no admissible objection under paragraph 3, it shall register the name.

The registration shall be published in the Official Journal of the European Union.

5.   If an objection is admissible under paragraph 3, the Commission shall invite the interested parties to engage in appropriate consultations.

If the interested parties reach an agreement within six months they shall notify the Commission of all the factors which enabled that agreement to be reached, including the applicant's and the objector's opinions. If the details published in accordance with Article 8(2) have not been amended or have been amended in only a minor way, the Commission shall proceed in accordance with paragraph 4 of this Article. The Commission shall otherwise repeat the scrutiny referred to in Article 8(1).

If no agreement is reached, the Commission shall take a decision in accordance with the procedure referred to in Article 18(2), having regard to fair and traditional usage and the actual likelihood of confusion.

The decision shall be published in the Official Journal of the European Union.

6.   The documents referred to in this Article sent to the Commission shall be drafted in an official language of the institutions of the European Union or be accompanied by a certified translation in one of those languages.

Article 10

Cancellation

Where the Commission, in accordance with the detailed rules referred to in Article 19(f), takes the view that compliance with the conditions of the specification for an agricultural product or foodstuff covered by a traditional speciality guaranteed is no longer ensured, it shall initiate the procedure referred to in Article 18(2) for the cancellation of the registration, which shall be published in the Official Journal of the European Union.

Article 11

Amending the product specification

1.   An amendment of a product specification may be requested by a Member State at the request of a group established on its territory, or by a group established in a third-country. In the latter case, the application shall be sent to the Commission either directly or through the authorities of that third country.

Applications shall demonstrate a legitimate economic interest and describe the amendments sought and the justification therefore.

Applications for approval of an amendment shall follow the procedure provided for in Articles 7, 8 and 9.

However, if the only amendments proposed are minor ones, the Commission shall decide to approve the change without recourse to the procedure in Article 8(2) and Article 9.

The Commission shall publish, where appropriate, the minor amendments in the Official Journal of the European Union.

2.   The Member State shall ensure that any producer or processor applying the product specification for which an amendment has been requested is informed of the publication. In addition to statements of objection referred to in Article 9(3), statements of objection demonstrating an economic interest in the production of the traditional speciality guaranteed shall be admissible.

3.   Where the amendment concerns a temporary change in the specification resulting from the imposition of obligatory sanitary or phytosanitary measures by the public authorities, the request shall be forwarded to the Commission by the Member State at the request of a group of producers or by a group established in a third-country. The procedure referred to in the fourth subparagraph of paragraph 1 shall apply.

Article 12

Names, indication and symbol

1.   Only producers complying with the product specification may refer to a traditional speciality guaranteed on the labelling, advertising or other documents relating to an agricultural product or foodstuff.

2.   Where reference is made to a traditional speciality guaranteed on the labelling of an agricultural product or foodstuff produced within the Community, the registered name accompanied either by the Community symbol or the indication ‘traditional speciality guaranteed’ shall appear thereon.

3.   The indication referred to in paragraph 2 shall be optional on the labelling of traditional specialities guaranteed which are produced outside the Community.

Article 13

Detailed rules on the registered name

1.   From the date of publication as laid down in Article 9(4) or (5), a name entered in the register provided for in Article 3 may be used only to identify the agricultural product or foodstuff corresponding to the product specification as a traditional speciality guaranteed in accordance with the rules laid down in Article 12. However, registered names may continue to be used on the labelling of products not corresponding to the registered specification, but the indication ‘traditional speciality guaranteed’, the abbreviation ‘TSG’ or the associated Community symbol may not be indicated thereon.

2.   However, a traditional speciality guaranteed may be registered with reservation of the name for an agricultural product or foodstuff corresponding to the published product specification, provided that the group so requested in its application for registration and the procedure provided for in Article 9 does not show that the name is used in a lawful, renowned and economically significant manner for similar agricultural products or foodstuffs. From the date of publication laid down in Article 9(4) or (5), the name, even where unaccompanied by the indication ‘traditional speciality guaranteed’, the abbreviation ‘TSG’ or the associated Community symbol, may no longer be used on the labelling of similar agricultural products or foodstuffs not satisfying the registered specification.

3.   In the case of names whose registration is sought in a single language, the group may specify in the product specification that, when the product is marketed, the label may contain, in addition to the name of the product in the original language, an indication in the other official languages that the product has been obtained in accordance with the tradition of the region, Member State or third-country from which the application originated.

Article 14

Official controls

1.   Member States shall designate the competent authority or authorities responsible for controls in respect of the obligations established by this Regulation in conformity with Regulation (EC) No 882/2004.

2.   Member States shall ensure that any operator complying with this Regulation is entitled to be covered by a system of official controls.

3.   The Commission shall make public the name and address of the authorities and bodies referred to in paragraph 1 or in Article 15 and update it periodically.

Article 15

Verification of compliance with specifications

1.   In respect of agricultural products and foodstuffs produced within the Community, verification of compliance with the specifications, before placing the product on the market, shall be ensured by:

—	one or more competent authorities referred to in Article 14, and/or

—	one or more control bodies within the meaning of Article 2 of Regulation (EC) No 882/2004 operating as a product certification body.

The cost of such verification of compliance with the specifications shall be borne by the operators subject to those controls.

2.   In respect of agricultural products and foodstuffs produced in a third-country, verification of compliance with the specifications, before placing the product on the market, shall be ensured by:

—	one or more public authorities designated by the third-country, and/or

—	one or more product certification bodies.

3.   The product certification bodies referred to in paragraphs 1 and 2 shall comply with and, from 1 May 2010 be accredited in accordance with, European standard EN 45011 or ISO/IEC Guide 65 (General requirements for bodies operating product certification systems).

4.   Where the authorities referred to in paragraphs 1 and 2 have chosen to verify compliance with the specifications, they shall offer adequate guarantees of objectivity and impartiality, and have at their disposal the qualified staff and resources necessary to carry out their functions.

Article 16

Producer declarations to designated authorities or bodies

1.   A producer in a Member State intending to produce a traditional speciality guaranteed for the first time, even if belonging to the group that made the initial application, shall notify this fact beforehand to the designated authorities or bodies referred to in Article 14(3) of the Member State in which the producer is established, as instructed by the competent authorities referred to in Article 14(1).

2.   A third-country producer intending to produce a traditional speciality guaranteed for the first time, even if belonging to the group making the initial application, shall notify this fact beforehand to the designated authorities or bodies referred to in Article 14(3), if need be as instructed by the producer group or authority of the third-country.

Article 17

Protection

1.   Member States shall take the necessary measures to ensure legal protection against any misuse or misleading use of the term ‘traditional speciality guaranteed’, the abbreviation ‘TSG’ and the associated Community symbol and against any imitation of names registered and reserved under Article 13(2).

2.   Registered names shall be protected against any practice liable to mislead the consumer, including practices suggesting that an agricultural product or foodstuff is a traditional speciality guaranteed recognised by the Community.

3.   Member States shall take all appropriate measures to ensure that sales descriptions used at national level do not give rise to confusion with names registered and reserved under Article 13(2).

Article 18

Committee procedure

1.   The Commission shall be assisted by the Standing Committee on Traditional Specialities Guaranteed.

2.   Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply.

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.

3.   The Committee shall adopt its own Rules of Procedure.

Article 19

Implementing rules and transitional provisions

1.   In accordance with the procedure referred to in Article 18(2), detailed rules shall be adopted for the implementation of this Regulation. They shall cover in particular:

(a)	the information that must be included in the product specification referred to in Article 6(2);

(b)	the submission of an application for registration under Article 7(1) by groups based in different Member States or third-countries;

(c)	the transmission to the Commission of the applications referred to in Articles 7(3) and (6), and in Article 7(7) and the applications for amendments referred to in Article 11;

(d)	the register of traditional specialities guaranteed referred to in Article 3;

(e)	the objections referred to in Article 9, including rules on adequate consultations between the interested parties;

(f)	the cancellation of a traditional speciality guaranteed registration as referred to in Article 10;

(g)	the indication and symbol referred to in Article 12;

(h)	a definition of the minor nature of the amendments referred to in the fourth subparagraph of Article 11(1);

(i)	the conditions for checking compliance with the product specifications.

2.   Names already registered under Regulation (EEC) No 2082/92 on the date of entry into force of this Regulation shall be automatically entered in the register referred to in Article 3. The relevant specifications shall be deemed to be the specifications referred to in Article 6(1).

3.   In respect of pending applications, statements and requests received by the Commission before the date of entry into force of this Regulation:

(a)	the procedures in Article 7 shall not apply;

(b)	where the specification includes elements not listed in Article 6, the Commission may request a new version of the product specification compatible with that Article, if it is necessary to be able to proceed with the application.

Article 20

Fees

Member States may charge a fee to cover their costs, including those incurred in scrutinising applications for registration, statements of objection, applications for amendments and requests for cancellations under this Regulation.

Article 21

Repeal

Regulation (EEC) No 2082/92 is hereby repealed.

References made to the repealed Regulation shall be construed as being made to this Regulation and should be read in accordance with the correlation table in Annex II.

Article 22

Entry into force

This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

However, Article 12(2) shall apply with effect from 1 May 2009, without prejudice to products already placed on the market before that date.

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(1)  Not yet published in the Official Journal.

(2)  OJ L 208, 24.7.1992, p. 9. Regulation as last amended by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

(3)  OJ L 168, 10.7.1993, p. 35. Regulation as last amended by Regulation (EC) No 2167/2004 (OJ L 371, 18.12.2004, p. 8).

(4)  OJ L 109, 6.5.2000, p. 29. Directive as last amended by Directive 2003/89/EC (OJ L 308, 25.11.2003, p. 15).

(5)  OJ L 165, 30.4.2004, p. 1. Corrected version in OJ L 191, 28.5.2004, p. 1.

(6)  OJ L 184, 17.7.1999, p. 23.

(7)  OJ L 204, 21.7.1998, p. 37.

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31.3.2006

EN

Official Journal of the European Union

L 93/12

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COUNCIL REGULATION (EC) No 510/2006

of 20 March 2006

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 37 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament (1),

Whereas:

(1)	The production, manufacture and distribution of agricultural products and foodstuffs play an important role in the Community economy.

(2)

The diversification of agricultural production should be encouraged so as to achieve a better balance between supply and demand on the markets. The promotion of products having certain characteristics can be of considerable benefit to the rural economy, particularly in less-favoured or remote areas, by improving the incomes of farmers and by retaining the rural population in these areas.

(3)	A constantly increasing number of consumers attach greater importance to the quality of foodstuffs in their diet rather than to quantity. This quest for specific products generates a demand for agricultural products or foodstuffs with an identifiable geographical origin.

(4)	In view of the wide variety of products marketed and the abundance of product information provided, the consumer should, in order to be able to make the best choices, be given clear and succinct information regarding the product origin.

(5)

The labelling of agricultural products and foodstuffs is subject to the general rules laid down in Directive 2000/13/EC of the European Parliament and of the Council of 20 March 2000 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs (2). In view of their specific nature, additional special provisions should be adopted for agricultural products and foodstuffs from a defined geographical area requiring producers to use the appropriate Community symbols or indications on packaging. The use of such symbols or indications should be made obligatory in the case of Community designations, on the one hand, to make this category of products and the guarantees attached to them better known to consumers and, on the other, to permit easier identification of these products on the market so as to facilitate checks. A reasonable length of time should be allowed for operators to adjust to this obligation.

(6)

Provision should be made for a Community approach to designations of origin and geographical indications. A framework of Community rules on a system of protection permits the development of geographical indications and designations of origin since, by providing a more uniform approach, such a framework ensures fair competition between the producers of products bearing such indications and enhances the credibility of the products in the consumer's eyes.

(7)	The rules provided for should apply without interfering with existing Community legislation on wines and spirit drinks.

(8)	The scope of this Regulation should be limited to certain agricultural products and foodstuffs for which a link exists between product or foodstuff characteristics and geographical origin. However, its scope could be enlarged to encompass other agricultural products or foodstuffs.

(9)	In the light of existing practices, two different types of geographical description should be defined, namely protected geographical indications and protected designations of origin.

(10)	An agricultural product or foodstuff bearing such a description should meet certain conditions set out in a specification.

(11)

To qualify for protection in the Member States, geographical indications and designations of origin should be registered at Community level. Entry in a register should also provide information to those involved in the trade and to consumers. To ensure that Community-registered names meet the conditions laid down by this Regulation, applications should be examined by the national authorities of the Member State concerned, subject to compliance with minimum common provisions, including a national objection procedure. The Commission should subsequently be involved in a scrutiny procedure to ensure that applications satisfy the conditions laid down by this Regulation and that the approach is uniform across the Member States.

(12)

The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement 1994, contained in Annex 1C to the Agreement establishing the World Trade Organisation) contains detailed provisions on the availability, acquisition, scope, maintenance and enforcement of intellectual property rights.

(13)	The protection afforded by this Regulation, subject to registration, should be open to the geographical indications of third countries where these are protected in their country of origin.

(14)	The registration procedure should enable any natural or legal person having a legitimate interest in a Member State or a third country to exercise their rights by notifying their objections.

(15)

There should be procedures to permit amendment of specifications on request of groups having a legitimate interest, after registration, in the light of technological progress and cancellation of the geographical indication or designation of origin for an agricultural product or foodstuff, in particular if that product or foodstuff ceases to conform to the specification on the basis of which the geographical indication or designation of origin was granted.

(16)

The designations of origin and geographical indications protected on Community territory should be subject to a monitoring system of official controls, based on a system of checks in line with Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (3), including a system of checks to ensure compliance with the specification of the agricultural products and foodstuffs concerned.

(17)	Member States should be authorised to charge a fee to cover the costs incurred.

(18)	The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (4).

(19)

The names already registered under Council Regulation (EEC) No 2081/92 of 14 July 1992 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (5) on the date of entry into force of this Regulation should continue to be protected under this Regulation and automatically included in the register. Provision should also be made for transitional measures applicable to registration applications received by the Commission before the entry into force of this Regulation.

(20)	In the interests of clarity and transparency, Regulation (EEC) No 2081/92 should be repealed and replaced by this Regulation,

HAS ADOPTED THIS REGULATION:

Article 1

Scope

1.   This Regulation lays down the rules on the protection of designations of origin and geographical indications for agricultural products intended for human consumption listed in Annex I to the Treaty and for foodstuffs listed in Annex I to this Regulation and for agricultural products listed in Annex II to this Regulation.

It shall not, however, apply to wine-sector products, except wine vinegars, or to spirit drinks. This paragraph shall be without prejudice to the application of Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine (6).

Annexes I and II to this Regulation may be amended in accordance with the procedure referred to in Article 15(2).

2.   This Regulation shall apply without prejudice to other specific Community provisions.

3.   Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society Services (7) shall not apply to the designations of origin and geographical indications covered by this Regulation.

Article 2

Designation of origin and geographical indication

1.   For the purpose of this Regulation:

(a)

‘designation of origin’ means the name of a region, a specific place or, in exceptional cases, a country, used to describe an agricultural product or a foodstuff: — originating in that region, specific place or country, — the quality or characteristics of which are essentially or exclusively due to a particular geographical environment with its inherent natural and human factors, and — the production, processing and preparation of which take place in the defined geographical area;

(b)

‘geographical indication’ means the name of a region, a specific place or, in exceptional cases, a country, used to describe an agricultural product or a foodstuff: — originating in that region, specific place or country, and — which possesses a specific quality, reputation or other characteristics attributable to that geographical origin, and — the production and/or processing and/or preparation of which take place in the defined geographical area.

2.   Traditional geographical or non-geographical names designating an agricultural product or a foodstuff which fulfil the conditions referred to in paragraph 1 shall also be considered as designations of origin or geographical indications.

3.   Notwithstanding paragraph 1(a), certain geographical designations shall be treated as designations of origin where the raw materials for the products concerned come from a geographical area larger than, or different from, the processing area, provided that:

(a)	the production area of the raw materials is defined;

(b)	special conditions for the production of the raw materials exist; and

(c)	there are inspection arrangements to ensure that the conditions referred to in point (b) are adhered to.

The designations in question must have been recognised as designations of origin in the country of origin before 1 May 2004.

Article 3

Generic nature, conflicts with names of plant varieties, animal breeds, homonyms and trademarks

1.   Names that have become generic may not be registered.

For the purposes of this Regulation, a ‘name that has become generic’ means the name of an agricultural product or a foodstuff which, although it relates to the place or the region where this product or foodstuff was originally produced or marketed, has become the common name of an agricultural product or a foodstuff in the Community.

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

(a)	the existing situation in the Member States and in areas of consumption;

(b)	the relevant national or Community laws.

2.   A name may not be registered as a designation of origin or a geographical indication where it conflicts with the name of a plant variety or an animal breed and as a result is likely to mislead the consumer as to the true origin of the product.

3.   A name wholly or partially homonymous with that of a name already registered under this Regulation shall be registered with due regard for local and traditional usage and the actual risk of confusion. In particular:

(a)	a homonymous name which misleads the consumer into believing that products come from another territory shall not be registered even if the name is accurate as far as the actual territory, region or place of origin of the agricultural products or foodstuffs in question is concerned;

(b)

the use of a registered homonymous name shall be subject to there being a sufficient distinction in practice between the homonym registered subsequently and the name already on the register, having regard to the need to treat the producers concerned in an equitable manner and not to mislead the consumer.

4.   A designation of origin or geographical indication shall not be registered where, in the light of a trademark'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.

Article 4

Product specification

1.   To be eligible for a protected designation of origin (PDO) or a protected geographical indication (PGI), an agricultural product or foodstuff shall comply with a product specification.

2.   The product specification shall include at least:

(a)	the name of the agricultural product or foodstuff comprising the designation of origin or the geographical indication;

(b)	a description of the agricultural product or foodstuff, including the raw materials, if appropriate, and principal physical, chemical, microbiological or organoleptic characteristics of the product or the foodstuff;

(c)	the definition of the geographical area and, where appropriate, details indicating compliance with the requirements of Article 2(3);

(d)	evidence that the agricultural product or the foodstuff originates in the defined geographical area referred to in Article 2(1)(a) or (b), as the case may be;

(e)

a description of the method of obtaining the agricultural product or foodstuff and, if appropriate, the authentic and unvarying local methods as well as information concerning packaging, if the applicant group within the meaning of Article 5(1) so determines and gives reasons why the packaging must take place in the defined geographical area to safeguard quality or ensure the origin or ensure control;

(f)

details bearing out the following: (i) the link between the quality or characteristics of the agricultural product or foodstuff and the geographical environment referred to in Article 2(1)(a) or, as the case may be, (ii) the link between a specific quality, the reputation or other characteristic of the agricultural product or foodstuff and the geographical origin referred to in Article 2(1)(b);

(g)	the name and address of the authorities or bodies verifying compliance with the provisions of the specification and their specific tasks;

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

(i)	any requirements laid down by Community or national provisions.

Article 5

Application for registration

1.   Only a group shall be entitled to apply for registration.

For the purposes of this Regulation, ‘group’ means any association, irrespective of its legal form or composition, of producers or processors working with the same agricultural product or foodstuff. Other interested parties may participate in the group. A natural or legal person may be treated as a group in accordance with the detailed rules referred to in Article 16(c).

In the case of a name designating a trans-border geographical area or a traditional name connected to a trans-border geographical area, several groups may lodge a joint application in accordance with the detailed rules referred to in Article 16(d).

2.   A group may lodge a registration application only for the agricultural products or foodstuffs which it produces or obtains.

3.   The application for registration shall include at least:

(a)	the name and address of the applicant group;

(b)	the specification provided for in Article 4;

(c)

a single document setting out the following: (i) the main points of the specification: the name, a description of the product, including, where appropriate, specific rules concerning packaging and labelling, and a concise definition of the geographical area, (ii) a description of the link between the product and the geographical environment or geographical origin referred to in Article 2(1)(a) or (b), as the case may be, including, where appropriate, the specific elements of the product description or production method justifying the link.

4.   Where the registration application relates to a geographical area in a given Member State, the application shall be addressed to that Member State.

The Member State shall scrutinise the application by appropriate means to check that it is justified and meets the conditions of this Regulation.

5.   As part of the scrutiny referred to in the second subparagraph of paragraph 4, the Member State shall initiate a national objection procedure ensuring adequate publication of the application and providing for a reasonable period within which any natural or legal person having a legitimate interest and established or resident on its territory may lodge an objection to the application.

The Member State shall consider the admissibility of objections received in the light of the criteria referred to in the first subparagraph of Article 7(3).

If the Member State considers that the requirements of this Regulation are met, it shall take a favourable decision and forward to the Commission the documents referred to in paragraph 7 for a final decision. If not, the Member State shall decide to reject the application.

The Member State shall ensure that its favourable decision is made public and that any natural or legal person having a legitimate interest has means of appeal.

The Member State shall ensure that the version of the specification on which its favourable decision is based is published, and assure electronic access to the specification.

6.   The Member State may, on a transitional basis only, grant protection under this Regulation at national level to the name, and, where appropriate, an adjustment period, with effect from the date on which the application is lodged with the Commission.

The adjustment period provided for in the first subparagraph may be granted only on condition that the undertakings concerned have legally marketed the products in question, using the names concerned continuously for at least the past five years and have made that point in the national objection procedure referred to in the first subparagraph of paragraph 5.

Such transitional national protection shall cease on the date on which a decision on registration under this Regulation is taken.

The consequences of such transitional national protection, where a name is not registered under this Regulation, shall be the sole responsibility of the Member State concerned.

The measures taken by Member States under the first subparagraph shall produce effects at national level only, and they shall have no effect on intra-Community or international trade.

7.   In respect of any favourable decision as referred to in the third subparagraph of paragraph 5, the Member State concerned shall forward to the Commission:

(a)	the name and address of the applicant group;

(b)	the single document referred to in paragraph 3(c);

(c)	a declaration by the Member State that it considers that the application lodged by the group and qualifying for the favourable decision meets the conditions of this Regulation and the provisions adopted for its implementation;

(d)	the publication reference of the specification referred to in the fifth subparagraph of paragraph 5.

8.   Member States shall introduce the laws, regulations or administrative provisions necessary to comply with paragraphs 4 to 7 not later than 31 March 2007.

9.   Where the registration application concerns a geographical area situated in a third country, it shall comprise the elements provided for in paragraph 3 and also proof that the name in question is protected in its country of origin.

The application shall be sent to the Commission, either directly or via the authorities of the third country concerned.

10.   The documents referred to in this Article sent to the Commission shall be in one of the official languages of the institutions of the European Union or accompanied by a certified translation in one of those languages.

Article 6

Scrutiny by the Commission

1.   The Commission shall scrutinise by appropriate means the application received pursuant to Article 5 to check that it is justified and meets the conditions laid down in this Regulation. This scrutiny should not exceed a period of 12 months.

The Commission shall, each month, make public the list of names for which registration applications have been submitted to it, as well as their date of submission to the Commission.

2.   Where, based on the scrutiny carried out pursuant to the first subparagraph of paragraph 1, the Commission considers that the conditions laid down in this Regulation are met, it shall publish in the Official Journal of the European Union the single document and the reference to the publication of the specification referred to in the fifth subparagraph of Article 5(5).

Where this is not the case, the Commission shall decide, to reject the application, following the procedure referred to in Article 15(2).

Article 7

Objection/decision on registration

1.   Within six months from the date of publication in the Official Journal of the European Union provided for in the first subparagraph of Article 6(2), any Member State or third country may object to the registration proposed, by lodging a duly substantiated statement with the Commission.

2.   Any natural or legal person having a legitimate interest, established or resident in a Member State other than that applying for the registration or in a third country, may also object to the proposed registration by lodging a duly substantiated statement.

In the case of natural or legal persons established or resident in a Member State, such statement shall be lodged with that Member State within a time-limit permitting an objection in accordance with paragraph 1.

In the case of natural or legal persons established or resident in a third country, such statement shall be lodged with the Commission, either directly or via the authorities of the third country concerned, within the time limit-set in paragraph 1.

3.   Statements of objection shall be admissible only if they are received by the Commission within the time-limit set in paragraph 1 and if they:

(a)	show non-compliance with the conditions referred to in Article 2; or

(b)	show that the registration of the name proposed would be contrary to paragraphs 2, 3 and 4 of Article 3; or

(c)	show that the registration of the name proposed would jeopardise the existence of an entirely or partly identical name or of a trademark or the existence of products which have been legally on the market for at least five years preceding the date of the publication provided for in Article 6(2); or

(d)	give details from which it can be concluded that the name for which registration is requested is generic within the meaning of Article 3(1).

The Commission shall check the admissibility of objections.

The criteria referred to in points (b), (c) and (d) of the first subparagraph shall be evaluated in relation to the territory of the Community, which in the case of intellectual property rights refers only to the territory or territories where the said rights are protected.

4.   If the Commission receives no admissible objection under paragraph 3, it shall register the name.

The registration shall be published in the Official Journal of the European Union.

5.   If an objection is admissible under paragraph 3, the Commission shall invite the interested parties to engage in appropriate consultations.

If the interested parties reach an agreement within six months, they shall notify the Commission of all the factors which enabled that agreement to be reached, including the applicant's and the objector's opinions. If the details published in accordance with Article 6(2) have not been amended or have been amended in only a minor way, to be defined in accordance with Article 16(h), the Commission shall proceed in accordance with paragraph 4 of this Article. The Commission shall otherwise repeat the scrutiny referred to in Article 6(1).

If no agreement is reached, the Commission shall take a decision in accordance with the procedure referred to in Article 15(2), having regard to fair and traditional usage and the actual likelihood of confusion.

The decision shall be published in the Official Journal of the European Union.

6.   The Commission shall maintain updated a register of protected designations of origin and protected geographical indications.

7.   The documents referred to in this Article sent to the Commission shall be drafted in an official language of the institutions of the European Union or accompanied by a certified translation into one of those languages.

Article 8

Names, indications and symbols

1.   A name registered under this Regulation may be used by any operator marketing agricultural product or foodstuffs conforming to the corresponding specification.

2.   In the case of the agricultural products and foodstuffs originating in the Community marketed under a name registered in accordance with this Regulation, the indications ‘protected designation of origin’ and ‘protected geographical indication’ or the Community symbols associated with them shall appear on the labelling.

3.   In the case of agricultural products and foodstuffs originating in third countries marketed under a name registered in accordance with this Regulation the indications referred to in paragraph 2 and the Community symbols associated with them may equally appear on the labelling.

Article 9

Approval of changes to specifications

1.   A group satisfying the conditions of Article 5(1) and (2) and having a legitimate interest may apply for approval of an amendment to a specification, in particular to take account of developments in scientific and technical knowledge or to redefine the geographical area referred to in Article 4(2)(c).

Applications shall describe and give reasons for the amendments requested.

2.   Where the amendment involves one or more amendments to the single document, the amendment application shall be covered by the procedure laid down in Articles 5, 6 and 7. However, if the proposed amendments are only minor, the Commission shall decide whether to approve the application without following the procedure laid down in Article 6(2) and Article 7 and in the case of approval shall proceed to publication of the elements referred to in Article 6(2).

3.   Where the amendment does not involve any change to the single document, the following rules shall apply:

(i)	where the geographical area is in a given Member State, that Member State shall express its position on the approval of the amendment and, if it is in favour, shall publish the amended specification and inform the Commission of the amendments approved and the reasons for them;

(ii)	where the geographical area is in a third country, the Commission shall determine whether to approve the proposed amendment.

4.   Where the amendment concerns a temporary change in the specification resulting from the imposition of obligatory sanitary or phytosanitary measures by the public authorities, the procedures set out in paragraph 3 shall apply.

Article 10

Official controls

1.   Member States shall designate the competent authority or authorities responsible for controls in respect of the obligations established by this Regulation in conformity with Regulation (EC) No 882/2004.

2.   Member States shall ensure that any operator complying with this Regulation is entitled to be covered by a system of official controls.

3.   The Commission shall make public the name and address of the authorities and bodies referred to in paragraph 1 or in Article 11 and update it periodically.

Article 11

Verification of compliance with specifications

1.   In respect of geographical indications and designations of origin relating to a geographical area within the Community, verification of compliance with the specifications, before placing the product on the market, shall be ensured by:

—	one or more competent authorities referred to in Article 10 and/or

—	one or more control bodies within the meaning of Article 2 of Regulation (EC) No 882/2004 operating as a product certification body.

The costs of such verification of compliance with the specifications shall be borne by the operators subject to those controls.

2.   In respect of the geographical indications and designations of origin relating to a geographical area in a third country, verification of compliance with the specifications, before placing the product on the market, shall be ensured by:

—	one or more public authorities designated by the third country and/or

—	one or more product certification bodies.

3.   The product certification bodies referred to in paragraphs 1 and 2 shall comply with and, from 1 May 2010 be accredited in accordance with European standard EN 45011 or ISO/IEC Guide 65 (General requirements for bodies operating product certification systems).

4.   Where, the authorities referred to in paragraphs 1 and 2, have chosen to verify compliance with the specifications, they shall offer adequate guarantees of objectivity and impartiality, and have at their disposal the qualified staff and resources necessary to carry out their functions.

Article 12

Cancellation

1.   Where the Commission, in accordance with the detailed rules referred to in Article 16(k), takes the view that compliance with the conditions of the specification for an agricultural product or foodstuff covered by a protected name is no longer ensured, it shall initiate the procedure referred to in Article 15(2) for the cancellation of the registration, which shall be published in the Official Journal of the European Union.

2.   Any natural or legal person having a legitimate interest, may request cancellation of the registration, giving reasons for the request.

The procedure provided for in Articles 5, 6 and 7 shall apply mutatis mutandis.

Article 13

Protection

1.   Registered names shall be protected against:

(a)	any direct or indirect commercial use of a registered name in respect of products not covered by the registration in so far as those products are comparable to the products registered under that name or in so far as using the name exploits the reputation of the protected name;

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

(c)

any other false or misleading indication as to the provenance, origin, nature or essential qualities of the product, on the inner or outer packaging, advertising material or documents relating to the product concerned, and the packing of the product in a container liable to convey a false impression as to its origin;

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

Where a registered name contains within it the name of an agricultural product or foodstuff which is considered generic, the use of that generic name on the appropriate agricultural product or foodstuff shall not be considered to be contrary to points (a) or (b) in the first subparagraph.

2.   Protected names may not become generic.

3.   In the case of names for which registration is applied for under Article 5, provision may be made for a transitional period of up to five years under Article 7(5), solely where a statement of objection has been declared admissible on the grounds that registration of the proposed name would jeopardise the existence of an entirely or partly identical name or the existence of products which have been legally on the market for at least five years preceding the date of the publication provided for in Article 6(2).

A transitional period may also be set for undertakings established in the Member State or third country in which the geographical area is located, provided that the undertakings concerned have legally marketed the products in question, using the names concerned continuously for at least five years preceding the date of the publication referred to in Article 6(2) and have noted that point in the national objection procedure referred to in the first and second subparagraphs of Article 5(5) or the Community objection procedure referred to in Article 7(2). The combined total of the transitional period referred to in this subparagraph and the adjustment period referred to in Article 5(6) may not exceed five years. Where the adjustment period referred to in Article 5(6) exceeds five years, no transitional period shall be granted.

4.   Without prejudice to Article 14, the Commission may decide to allow, under the procedure provided for in Article 15(2), the coexistence of a registered name and an unregistered name designating a place in a Member State or in a third country where that name is identical to the registered name, provided that all the following conditions are met:

(a)	the identical unregistered name has been in legal use consistently and equitably for at least 25 years before 24 July 1993;

(b)	it is shown that the purpose of its use has not at any time been to profit from the reputation of the registered name and that the consumer has not been nor could be misled as to the true origin of the product;

(c)	the problem resulting from the identical names was raised before registration of the name.

The registered name and the identical unregistered name concerned may co-exist for a period not exceeding a maximum of 15 years, after which the unregistered name shall cease to be used.

Use of the unregistered geographical name concerned shall be authorised only where the country of origin is clearly and visibly indicated on the label.

Article 14

Relations between trademarks, designations of origin and geographical indications

1.   Where a designation of origin or a geographical indication is registered under this Regulation, the application for registration of a trademark corresponding to one of the situations referred to in Article 13 and relating to the same class of product shall be refused if the application for registration of the trademark is submitted after the date of submission of the registration application to the Commission.

Trademarks registered in breach of the first subparagraph shall be invalidated.

2.   With due regard to Community law, a trademark the use of which corresponds to one of the situations referred to in Article 13 which has been applied for, registered, or established by use, if that possibility is provided for by the legislation concerned, in good faith within the territory of the Community, before either the date of protection of the designation of origin or geographical indication in the country of origin or before 1 January 1996, may continue to be used notwithstanding the registration of a designation of origin or geographical indication, provided that no grounds for its invalidity or revocation exist as specified by First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks (8) or Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (9).

Article 15

Committee procedure

1.   The Commission shall be assisted by the Standing Committee on Protected Geographical Indications and Protected Designations of Origin.

2.   Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply.

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.

3.   The Committee shall adopt its own Rules of Procedure.

Article 16

Implementing rules

In accordance with the procedure referred to in Article 15(2), detailed rules shall be adopted for the implementation of this Regulation. They shall cover in particular:

(a)	a list of the raw materials referred to in Article 2(3);

(b)	the information that must be included in the product specification referred to in Article 4(2);

(c)	the conditions under which a natural or legal person may be treated as a group;

(d)	the submission of a registration application for a name designating a trans-border geographical area as referred to in the third subparagraph of Article 5(1);

(e)	the content and method of transmission to the Commission of the documents referred to in Articles 5(7) and (9);

(f)	objections referred to in Article 7, including rules on appropriate consultations between the interested parties;

(g)	the indications and symbols referred to in Article 8;

(h)	a definition of minor amendments as referred to in the second subparagraph of Article 7(5) and in Article 9(2), bearing in mind that a minor amendment cannot relate to the essential characteristics of the product or alter the link;

(i)	the register of designations of origin and geographical indications provided for in Article 7(6);

(j)	the conditions for checking compliance with the product specifications;

(k)	the conditions for cancellation of registration.

Article 17

Transitional provisions

1.   The names that, on the date of entry into force of this Regulation, are listed in the Annex of Commission Regulation (EC) No 1107/96 (10) and those listed in the Annex of Commission on Regulation (EC) No 2400/96 (11) shall be automatically entered in the register referred to in Article 7(6) of this Regulation. The corresponding specifications shall be deemed to be the specifications referred to in Article 4(1). Any specific transitional provisions associated with such registrations shall continue to apply.

2.   In respect of pending applications, statements and requests received by the Commission before the date of entry into force of this Regulation:

(a)	the procedures in Article 5 shall not apply, without prejudice to Article 13(3); and

(b)	the summary of the specification drawn up in conformity with Commission Regulation (EC) No 383/2004 (12) shall replace the single document referred to in Article 5(3)(c).

3.   The Commission may adopt, if necessary, other transitional provisions in accordance with the procedure referred to in Article 15(2).

Article 18

Fees

Member States may charge a fee to cover their costs, including those incurred in scrutinising applications for registration, statements of objection, applications for amendments and requests for cancellations under this Regulation.

Article 19

Repeal

Regulation (EEC) No 2081/92 is hereby repealed.

References made to the repealed Regulation shall be construed as being made to this Regulation and should be read in accordance with the correlation table in Annex III.

Article 20

Entry into force

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

However, Article 8(2) shall apply with effect from 1 May 2009, without prejudice to products already placed on the market before that date.

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(1)  Not yet published in the Official Journal.

(2)  OJ L 109, 6.5.2000, p. 29. Directive as last amended by Directive 2003/89/EC (OJ L 308, 25.11.2003, p. 15).

(3)  OJ L 165, 30.4.2004, p. 1. Corrected version in OJ L 191, 28.5.2004, p. 1.

(4)  OJ L 184, 17.7.1999, p. 23.

(5)  OJ L 208, 24.7.1992, p. 1. Regulation as last amended by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

(6)  OJ L 179, 14.7.1999, p. 1.

(7)  OJ L 204, 21.7.1998, p. 37.

(8)  OJ L 40, 11.2.1989, p. 1.

(9)  OJ L 11, 14.1.1994, p. 1.

(10)  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 (OJ L 148, 21.6.1996, p. 1). Regulation as last amended by Regulation (EC) No 704/2005 (OJ L 118, 5.5.2005, p. 14).

(11)  Commission Regulation (EC) No 2400/96 of 17 December 1996 on the entry of certain names in the ‘Register of protected designation of origin and protected geographical indications’ provided for in Council Regulation (EEC) No 2081/92 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (OJ L 327, 18.12.1996, p. 11). Regulation as last amended by Regulation (EC) No 417/2006 (OJ L 72, 11.3.2006, p. 8).

(12)  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 summary of the main points of the product specifications (OJ L 64, 2.3.2004, p. 16).

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31.3.2006

EN

Official Journal of the European Union

L 93/26

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COUNCIL REGULATION (EC) No 511/2006

of 27 March 2006

amending Regulation (EC) No 1531/2002 imposing a definitive anti-dumping duty on imports of colour television receivers originating, inter alia, in the People's Republic of China

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (1) (the basic Regulation), and in particular Articles 8 and 9 thereof,

Having regard to the proposal submitted by the Commission after consulting the Advisory Committee,

Whereas:

A.   PREVIOUS PROCEDURE

(1)	In August 2002, by Regulation (EC) No 1531/2002 (2), the Council imposed a definitive anti-dumping duty on imports of colour television receivers (the product concerned) originating, inter alia, in the People's Republic of China (the PRC).

(2)

In parallel, the Commission, by Decision 2002/683/EC (3), accepted a joint undertaking (the undertaking) offered by Haier Electrical Appliances Corp. Ltd, Hisense Import & Export Co. Ltd, Konka Group Co. Ltd, Sichuan Changhong Electric Co. Ltd, Skyworth Multimedia International (Shenzen) Co. Ltd, TCL King Electrical Appliances (Hui Zhou) Co. Ltd and Xiamen Overseas Chinese Electronic Co. Ltd, (the Companies) in conjunction with the China Chamber of Commerce for Import and Export of Machinery and Electronics Products (CCCME).

(3)	As a result, imports into the Community of the product concerned of PRC origin, produced by the Companies, and of a type covered by the undertaking (the product covered by the undertaking), were exempt from the definitive anti-dumping duties.

B.   FAILURE TO COMPLY WITH THE UNDERTAKING

(4)

The undertaking offered by the Companies obliges them to, inter alia, export the product covered by the undertaking to the first independent customer in the Community at, or above, certain minimum import price levels (MIPs) and to respect certain quantitative ceilings laid down in the undertaking. These price levels and ceilings eliminate the injurious effects of dumping.

(5)

For the purposes of ensuring compliance with the undertaking, CCCME and the Companies also agreed to provide all information considered necessary by the Commission and to allow on-the-spot verification visits at their premises in order to verify the accuracy and veracity of data submitted in the said quarterly reports.

(6)

As noted in recital 239 of Regulation (EC) No 1531/2002, the undertaking specifically provides that a breach by any of the Companies or the CCCME shall be considered as a breach of the undertaking by all signatories. Failure to cooperate with the European Commission in monitoring the undertaking is considered as a breach of the undertaking.

(7)

In this regard, the Commission requested to carry out on-the-spot verification visits at the premises of CCCME and of the two companies with the largest reported volume of sales of the product concerned, namely Xiamen Overseas Chinese Electronic Co. Ltd and Konka Group Co. Ltd. The Commission sent pre-verification letters to CCCME, Xiamen Overseas Chinese Electronic Co. Ltd and Konka Group Co. Ltd with an indication of the dates for the on-the-spot verification. The CCCME and Xiamen Overseas Chinese Electronic Co. Ltd confirmed the acceptance of the on-the-spot verification visit requested by the Commission. However, Konka Group Co. Ltd refused to accept an on-the-spot verification visit, thereby breaching the undertaking.

(8)	Commission Decision 2006/258/EC (4) sets out in more detail the nature of the breach found.

(9)

In view of the breach, acceptance of the undertaking offered by the Companies in conjunction with the CCCME has been withdrawn by Decision No 2006/258/EC. A definitive anti-dumping duty should therefore be imposed forthwith on imports of the product concerned exported to the Community by the companies concerned.

(10)

In accordance with Article 8(9) of the basic Regulation, the rate of the anti-dumping duty must be established on the basis of the facts established within the context of the investigation which led to the undertaking. As the investigation in question was concluded by a final determination as to dumping and resulting injury by Regulation (EC) No 1531/2002, it is considered appropriate that the definitive anti-dumping rate be set at the level and in the form imposed by that Regulation, namely 44,6 % of the net, cif free-at-Community-frontier price, before duty.

C.   AMENDMENT TO REGULATION (EC) No 1531/2002

(11)	In view of the above, Regulation (EC) No 1531/2002 should be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1531/2002 is hereby amended as follows:

1.	Article 3, Annex I and Annex II shall be repealed;

2.	Articles 4 and 5 shall become Articles 3 and 4 respectively.

Article 2

This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.

---

(1)  OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 2117/2005 (OJ L 340, 23.12.2005, p. 17).

(2)  OJ L 231, 29.8.2002, p. 1.

(3)  OJ L 231, 29.8.2002, p. 42.

(4)  See page 63 of this Official Journal.

---

31.3.2006

EN

Official Journal of the European Union

L 93/28

---

COMMISSION REGULATION (EC) No 512/2006

of 30 March 2006

establishing the standard import values for determining the entry price of certain fruit and vegetables

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Commission Regulation (EC) No 3223/94 of 21 December 1994 on detailed rules for the application of the import arrangements for fruit and vegetables (1), and in particular Article 4(1) thereof,

Whereas:

(1)	Regulation (EC) No 3223/94 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto.

(2)	In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation,

HAS ADOPTED THIS REGULATION:

Article 1

The standard import values referred to in Article 4 of Regulation (EC) No 3223/94 shall be fixed as indicated in the Annex hereto.

Article 2

This Regulation shall enter into force on 31 March 2006.

---

(1)  OJ L 337, 24.12.1994, p. 66. Regulation as last amended by Regulation (EC) No 386/2005 (OJ L 62, 9.3.2005, p. 3).

---

---

31.3.2006

EN

Official Journal of the European Union

L 93/30

---

COMMISSION REGULATION (EC) No 513/2006

of 30 March 2006

adopting temporary provisions for the issue of import licences applied for pursuant to Regulation (EC) No 565/2002 establishing the method for managing tariff quotas and introducing a system of certificates of origin for garlic imported from third countries

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 2200/96 of 28 October 1996 on the common organisation of the market in fruit and vegetables (1), and in particular Article 31(2) thereof,

Whereas:

(1)

Commission Regulation (EC) No 565/2002 (2) lays down that Member States are to notify licence applications to the Commission on Mondays and Thursdays each week and issue the licences on the fifth working day following the date on which the application was lodged, provided that the Commission has not taken any measures during that period.

(2)	Thursday 13, Friday 14 and Monday 17 April 2006 are Commission holidays. The issue of licences applied for between Monday 10 and Friday 14 April 2006 should therefore be postponed.

(3)	The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fresh Fruit and Vegetables,

HAS ADOPTED THIS REGULATION:

Article 1

Import licences applied for between Monday 10 and Friday 14 April 2006 pursuant to Regulation (EC) No 565/2002 shall be issued on Friday 21 April 2006, provided that the Commission has not taken any measures during that period in accordance with Article 8(2) of that Regulation.

Article 2

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

---

(1)  OJ L 297, 21.11.1996, p. 1. Regulation as last amended by Commission Regulation (EC) No 47/2003 (OJ L 7, 11.1.2003, p. 64).

(2)  OJ L 86, 3.4.2002, p. 11. Regulation amended by Regulation (EC) No 537/2004 (OJ L 86, 24.3.2004, p. 9).

---

31.3.2006

EN

Official Journal of the European Union

L 93/31

---

COMMISSION REGULATION (EC) No 514/2006

of 30 March 2006

derogating from Regulation (EC) No 824/2000 as regards the period for delivering cereals into intervention in some Member States in the 2005/06 marketing year

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1), and in particular Article 6 thereof,

Whereas:

(1)

Under Commission Regulation (EC) No 824/2000 of 19 April 2000 establishing procedures for the taking-over of cereals by intervention agencies and laying down methods of analysis for determining the quality of cereals (2), should an offer be admissible, operators are informed as soon as possible of the delivery schedule. To this end, under Article 4(3) of that Regulation the final delivery to the intervention centre for which the offer is made must take place not later than the end of the fourth month following the month during which the offer was received.

(2)	The 2005/06 marketing year is the second year of application of the intervention mechanism for cereals in the Member States which joined the European Community on 1 May 2004.

(3)

Good weather conditions again led to a bumper harvest in 2005 in the new Member States, resulting in domestic market prices below the intervention price. As a result, since the intervention period was opened in November 2005, relatively large quantities of cereals have been offered for intervention. Due to the large quantities offered for intervention and their geographical spread, it is not possible to comply with the delivery deadline of 31 March 2006. To allow sufficient quantities of cereals offered to be taken over, the delivery period should be extended, and a derogation should therefore be made from Regulation (EC) No 824/2000.

(4)	Given the urgency of the market situation, which requires immediate measures, provision should be made for the immediate application of the measures provided for in this Regulation.

(5)	The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,

HAS ADOPTED THIS REGULATION:

Article 1

Notwithstanding the third subparagraph of Article 4(3) of Regulation (EC) No 824/2000, in the 2005/06 marketing year the last delivery of cereals offered for intervention in the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia must take place not later than the end of the seventh month following the month during which the offer was received, and in any event not later than 31 July 2006.

Article 2

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

---

(1)  OJ L 270, 21.10.2003, p. 21. Regulation as amended by Commission Regulation (EC) No 1154/2005 (OJ L 187, 19.7.2005, p. 11).

(2)  OJ L 100, 20.4.2000, p. 31. Regulation as last amended by Regulation (EC) No 1068/2005 (OJ L 174, 7.7.2005, p. 65).

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31.3.2006

EN

Official Journal of the European Union

L 93/32

---

COMMISSION REGULATION (EC) No 515/2006

of 30 March 2006

establishing a transitional measure for the 2005/06 marketing year on funding the storage of cereals offered for intervention in the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to the Treaty of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia,

Having regard to the Act of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, and in particular the first subparagraph of Article 41 thereof,

Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1),

Whereas:

(1)

At the request of certain Member States, Commission Regulation (EC) No 514/2006 (2) extends by three months, for the 2005/06 marketing year, the deadline for delivering cereals offered for intervention in the Member States which joined the European Community on 1 May 2004, although it does not authorise delivery beyond 31 July 2006.

(2)

This measure may give rise to additional storage costs for cereals delivered by this new deadline but after the time-limit initially laid down in the third subparagraph of Article 4(3) of Commission Regulation (EC) No 824/2000 of 19 April 2000 establishing procedures for the taking-over of cereals by intervention agencies and laying down methods of analysis for determining the quality of cereals (3).

(3)

In accordance with Article 6 of Council Regulation (EEC) No 1883/78 of 2 August 1978 laying down general rules for the financing of interventions by the European Agricultural Guidance and Guarantee Fund, Guarantee Section (4), the EAGGF Guarantee Section covers expenditure on the physical operations involved in storage. Member State expenditure on the reimbursement of any additional storage costs, as referred to above, should be treated as expenditure arising from storage costs normally borne by the intervention agencies, and provision should be made for that expenditure to be funded by the EAGGF Guarantee Section on the basis of the same standard amount, account also being taken of the monthly increase added to the intervention price, as provided for in Article 4(3) of Regulation (EC) No 1784/2003.

(4)	The measures provided for in this Regulation are in accordance with the opinion of the EAGGF Committee,

HAS ADOPTED THIS REGULATION:

Article 1

Where the cereals offered for intervention in the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia have been effectively taken over by the intervention agency after the deadline laid down in the third subparagraph of Article 4(3) of Commission Regulation (EC) No 824/2000, Member State expenditure in respect of storage costs incurred between that deadline and the date of actual delivery to the warehouse designated in the delivery schedule, which must be before the deadline laid down in Regulation (EC) No 514/2006, shall be treated as expenditure of the type referred to in Article 6 of Regulation (EEC) No 1883/78.

Article 2

The standard amount referred to in the first paragraph of Article 6 of Regulation (EEC) No 1883/78 shall be calculated on the basis of the standard amount reimbursed by the Community to the Member States for the storage of cereals purchased for intervention during the 2005/06 marketing year, as laid down in the Commission Decision of 12 October 2005 (5), i.e. EUR 1,31 per tonne per month, from which shall be deducted the monthly increase provided for in Article 4(3) of Regulation (EC) No 1784/2003, i.e. EUR 0,46 per tonne per month, which has been added to the intervention price for each month after the deadline laid down in the third subparagraph of Article 4(3) of Regulation (EC) No 824/2000.

Such expenditure shall be taken into account in the context of the annual expenditure referred to in Article 1 of Council Regulation (EEC) No 3492/90 (6) as expenditure on the physical operations involved in the buying-in of products by intervention agencies.

Article 3

This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.

It shall apply to the 2005/06 marketing year.

---

(1)  OJ L 270, 21.10.2003, p. 78. Regulation as amended by Commission Regulation (EC) No 1154/2005 (OJ L 187, 19.7.2005, p. 11).

(2)  See page 31 of this Official Journal.

(3)  OJ L 100, 20.4.2000, p. 31. Regulation as last amended by Regulation (EC) No 1068/2005 (OJ L 174, 7.7.2005, p. 65).

(4)  OJ L 216, 5.8.1978, p. 1. Regulation as last amended by Regulation (EC) No 695/2005 (OJ L 114, 4.5.2005, p. 1).

(5)  C(2005) 3752. Decision not published.

(6)  OJ L 337, 4.12.1990, p. 3.

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31.3.2006

EN

Official Journal of the European Union

L 93/34

---

COMMISSION REGULATION (EC) No 516/2006

of 30 March 2006

fixing the representative prices and the additional import duties for molasses in the sugar sector applicable from 31 March 2006

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the market in sugar (1), and in particular Article 24(4) thereof,

Whereas:

(1)

Commission Regulation (EC) No 1422/95 of 23 June 1995 laying down detailed rules of application for imports of molasses in the sugar sector and amending Regulation (EEC) No 785/68 (2), stipulates that the cif import price for molasses established in accordance with Commission Regulation (EEC) No 785/68 (3), is to be considered the representative price. That price is fixed for the standard quality defined in Article 1 of Regulation (EEC) No 785/68.

(2)

For the purpose of fixing the representative prices, account must be taken of all the information provided for in Article 3 of Regulation (EEC) No 785/68, except in the cases provided for in Article 4 of that Regulation and those prices should be fixed, where appropriate, in accordance with the method provided for in Article 7 of that Regulation.

(3)	Prices not referring to the standard quality should be adjusted upwards or downwards, according to the quality of the molasses offered, in accordance with Article 6 of Regulation (EEC) No 785/68.

(4)

Where there is a difference between the trigger price for the product concerned and the representative price, additional import duties should be fixed under the terms laid down in Article 3 of Regulation (EC) No 1422/95. Should the import duties be suspended pursuant to Article 5 of Regulation (EC) No 1422/95, specific amounts for these duties should be fixed.

(5)	The representative prices and additional import duties for the products concerned should be fixed in accordance with Articles 1(2) and 3(1) of Regulation (EC) No 1422/95.

(6)	The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar,

HAS ADOPTED THIS REGULATION:

Article 1

The representative prices and the additional duties applying to imports of the products referred to in Article 1 of Regulation (EC) No 1422/95 are fixed in the Annex hereto.

Article 2

This Regulation shall enter into force on 31 March 2006.

---

(1)  OJ L 178, 30.6.2001, p. 1. Regulation as last amended by Commission Regulation (EC) No 39/2004 (OJ L 6, 10.1.2004, p. 16).

(2)  OJ L 141, 24.6.1995, p. 12. Regulation as amended by Regulation (EC) No 79/2003 (OJ L 13, 18.1.2003, p. 4).

(3)  OJ L 145, 27.6.1968, p. 12. Regulation as amended by Regulation (EC) No 1422/95.

---

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31.3.2006

EN

Official Journal of the European Union

L 93/36

---

COMMISSION REGULATION (EC) No 517/2006

of 30 March 2006

fixing the export refunds on white sugar and raw sugar exported in its unaltered state

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector (1), and in particular the second subparagraph of Article 27(5) thereof,

Whereas:

(1)	Article 27 of Regulation (EC) No 1260/2001 provides that the difference between quotations or prices on the world market for the products listed in Article 1(1)(a) of that Regulation and prices for those products within the Community may be covered by an export refund.

(2)

Regulation (EC) No 1260/2001 provides that when refunds on white and raw sugar, undenatured and exported in its unaltered state, are being fixed account must be taken of the situation on the Community and world markets in sugar and in particular of the price and cost factors set out in Article 28 of that Regulation. The same Article provides that the economic aspect of the proposed exports should also be taken into account.

(3)

The refund on raw sugar must be fixed in respect of the standard quality. The latter is defined in Annex I, point II, to Regulation (EC) No 1260/2001. Furthermore, this refund should be fixed in accordance with Article 28(4) of that Regulation. Candy sugar is defined in Commission Regulation (EC) No 2135/95 of 7 September 1995 laying down detailed rules of application for the grant of export refunds in the sugar sector (2). The refund thus calculated for sugar containing added flavouring or colouring matter must apply to their sucrose content and, accordingly, be fixed per 1 % of the said content.

(4)	In special cases, the amount of the refund may be fixed by other legal instruments.

(5)	The refund must be fixed every two weeks. It may be altered in the intervening period.

(6)	The first subparagraph of Article 27(5) of Regulation (EC) No 1260/2001 provides that refunds on the products referred to in Article 1 of that Regulation may vary according to destination, where the world market situation or the specific requirements of certain markets make this necessary.

(7)	The significant and rapid increase in preferential imports of sugar from the western Balkan countries since the start of 2001 and in exports of sugar to those countries from the Community seems to be highly artificial.

(8)	To prevent any abuse through the re-import into the Community of sugar products in receipt of an export refund, no refund should be set for all the countries of the western Balkans for the products covered by this Regulation.

(9)	In view of the above and of the present situation on the market in sugar, and in particular of the quotations or prices for sugar within the Community and on the world market, refunds should be set at the appropriate amounts.

(10)	The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar,

HAS ADOPTED THIS REGULATION:

Article 1

The export refunds on the products listed in Article 1(1)(a) of Regulation (EC) No 1260/2001, undenatured and exported in the natural state, are hereby fixed to the amounts shown in the Annex hereto.

Article 2

This Regulation shall enter into force on 31 March 2006.

---

(1)  OJ L 178, 30.6.2001, p. 1. Regulation as last amended by Commission Regulation (EC) No 39/2004 (OJ L 6, 10.1.2004, p. 16).

(2)  OJ L 214, 8.9.1995, p. 16.

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---

31.3.2006

EN

Official Journal of the European Union

L 93/38

---

COMMISSION REGULATION (EC) No 518/2006

of 30 March 2006

fixing the export refunds on syrups and certain other sugar products exported in the natural state

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector (1), and in particular the second subparagraph of Article 27(5) thereof,

Whereas:

(1)	Article 27 of Regulation (EC) No 1260/2001 provides that the difference between quotations or prices on the world market for the products listed in Article 1(1)(d) of that Regulation and prices for those products within the Community may be covered by an export refund.

(2)

Article 3 of Commission Regulation (EC) No 2135/95 of 7 September 1995 laying down detailed rules of application for the grant of export refunds in the sugar sector (2), provides that the export refund on 100 kilograms of the products listed in Article 1(1)(d) of Regulation (EC) No 1260/2001 is equal to the basic amount multiplied by the sucrose content, including, where appropriate, other sugars expressed as sucrose; the sucrose content of the product in question is determined in accordance with Article 3 of Commission Regulation (EC) No 2135/95.

(3)

Article 30(3) of Regulation (EC) No 1260/2001 provides that the basic amount of the refund on sorbose exported in the natural state must be equal to the basic amount of the refund less one hundredth of the production refund applicable, pursuant to Commission Regulation (EC) No 1265/2001 of 27 June 2001 laying down detailed rules for the application of Council Regulation (EC) No 1260/2001 as regards granting the production refund on certain sugar products used in the chemical industry (3), to the products listed in the Annex to the last mentioned Regulation.

(4)

According to the terms of Article 30(1) of Regulation (EC) No 1260/2001, the basic amount of the refund on the other products listed in Article 1(1)(d) of the said Regulation exported in the natural state must be equal to one-hundredth of an amount which takes account, on the one hand, of the difference between the intervention price for white sugar for the Community areas without deficit for the month for which the basic amount is fixed and quotations or prices for white sugar on the world market and, on the other, of the need to establish a balance between the use of Community basic products in the manufacture of processed goods for export to third countries and the use of third country products brought in under inward-processing arrangements.

(5)	According to the terms of Article 30(4) of Regulation (EC) No 1260/2001, the application of the basic amount may be limited to some of the products listed in Article 1(1)(d) of the said Regulation.

(6)

Article 27 of Regulation (EC) No 1260/2001 makes provision for setting refunds for export in the natural state of products referred to in Article 1(1)(f) and (g) and (h) of that Regulation; the refund must be fixed per 100 kilograms of dry matter, taking account of the export refund for products falling within CN code 1702 30 91 and for products referred to in Article 1(1)(d) of Regulation (EC) No 1260/2001 and of the economic aspects of the intended exports; in the case of the products referred to in the said Article (1)(f) and (g), the refund is to be granted only for products complying with the conditions in Article 5 of Regulation (EC) No 2135/95; for the products referred to in Article 1(1)(h), the refund shall be granted only for products complying with the conditions in Article 6 of Regulation (EC) No 2135/95.

(7)	The abovementioned refunds must be fixed every month; they may be altered in the intervening period.

(8)	The first subparagraph of Article 27(5) of Regulation (EC) No 1260/2001 provides that refunds on the products referred to in Article 1 of that Regulation may vary according to destination, where the world market situation or the specific requirements of certain markets make this necessary.

(9)	The significant and rapid increase in preferential imports of sugar from the western Balkan countries since the start of 2001 and in exports of sugar to those countries from the Community seems to be highly artificial in nature.

(10)	In order to prevent any abuses associated with the reimportation into the Community of sugar sector products that have qualified for export refunds, refunds for the products covered by this Regulation should not be fixed for all the countries of the western Balkans.

(11)	In view of the above, refunds for the products in question should be fixed at the appropriate amounts.

(12)	The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar,

HAS ADOPTED THIS REGULATION:

Article 1

The export refunds on the products listed in Article 1(1)(d), (f), (g) and (h) of Regulation (EC) No 1260/2001, exported in the natural state, shall be set out in the Annex hereto to this Regulation.

Article 2

This Regulation shall enter into force on 31 March 2006.

---

(1)  OJ L 178, 30.6.2001, p. 1. Regulation as last amended by Commission Regulation (EC) No 39/2004 (OJ L 6, 10.1.2004, p. 6).

(2)  OJ L 214, 8.9.1995, p. 16.

(3)  OJ L 178, 30.6.2001, p. 63.

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31.3.2006

EN

Official Journal of the European Union

L 93/41

---

COMMISSION REGULATION (EC) No 519/2006

of 30 March 2006

fixing the maximum export refund for white sugar to certain third countries for the 22nd partial invitation to tender issued within the framework of the standing invitation to tender provided for in Regulation (EC) No 1138/2005

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector (1) and in particular the second indent of Article 27(5) thereof,

Whereas:

(1)	Commission Regulation (EC) No 1138/2005 of 15 July 2005 on a standing invitation to tender to determine levies and/or refunds on exports of white sugar (2), for the 2005/2006 marketing year, requires partial invitations to tender to be issued for the export of this sugar to certain third countries.

(2)	Pursuant to Article 9(1) of Regulation (EC) No 1138/2005 a maximum export refund shall be fixed, as the case may be, account being taken in particular of the state and foreseeable development of the Community and world markets in sugar, for the partial invitation to tender in question.

(3)	The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar,

HAS ADOPTED THIS REGULATION:

Article 1

For the 22nd partial invitation to tender for white sugar issued pursuant to Regulation (EC) No 1138/2005 the maximum amount of the export refund shall be 27,260 EUR/100 kg.

Article 2

This Regulation shall enter into force on 31 March 2006.

---

(1)  OJ L 178, 30.6.2001, p. 1. Regulation as last amended by Commission Regulation (EC) No 39/2004 (OJ L 6, 10.1.2004, p. 16).

(2)  OJ L 185, 16.7.2005, p. 3.

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31.3.2006

EN

Official Journal of the European Union

L 93/42

---

COMMISSION REGULATION (EC) No 520/2006

of 30 March 2006

fixing the production refund on white sugar used in the chemical industry for the period from 1 to 30 April 2006

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector (1), and in particular the fifth indent of Article 7(5) thereof,

Whereas:

(1)

Pursuant to Article 7(3) of Regulation (EC) No 1260/2001, production refunds may be granted on the products listed in Article 1(1)(a) and (f) of that Regulation, on syrups listed in Article 1(1)(d) thereof and on chemically pure fructose covered by CN code 1702 50 00 as an intermediate product, that are in one of the situations referred to in Article 23(2) of the Treaty and are used in the manufacture of certain products of the chemical industry.

(2)

Commission Regulation (EC) No 1265/2001 of 27 June 2001 laying down detailed rules for the application of Council Regulation (EC) No 1260/2001 as regards granting the production refund on certain sugar products used in the chemical industry (2) provides that these refunds shall be determined according to the refund fixed for white sugar.

(3)	Article 9 of Regulation (EC) No 1265/2001 provides that the production refund on white sugar is to be fixed at monthly intervals commencing on the first day of each month.

(4)	The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar,

HAS ADOPTED THIS REGULATION:

Article 1

The production refund on white sugar referred to in Article 4 of Regulation (EC) No 1265/2001 shall be equal to 23,731 EUR/100 kg net for the period from 1 to 30 April 2006.

Article 2

This Regulation shall enter into force on 1 April 2006.

---

(1)  OJ L 178, 30.6.2001, p. 1. Regulation as last amended by Commission Regulation (EC) No 39/2004 (OJ L 6, 10.1.2004, p. 16).

(2)  OJ L 178, 30.6.2001, p. 63.

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31.3.2006

EN

Official Journal of the European Union

L 93/43

---

COMMISSION REGULATION (EC) No 521/2006

of 30 March 2006

fixing the export refunds on cereal-based compound feedingstuffs

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1784/2003 of 29 september 2003 on the common organisation of the market in cereals (1), and in particular Article 13(3) thereof,

Whereas:

(1)	Article 13 of Regulation (EC) No 1784/2003 provides that the difference between quotations or prices on the world market for the products listed in Article 1 of that Regulation and prices for those products within the Community may be covered by an export refund.

(2)

Commission Regulation (EC) No 1517/95 of 29 June 1995 laying down detailed rules for the application of Regulation (EC) No 1784/2003 as regards the arrangements for the export and import of compound feedingstuffs based on cereals and amending Regulation (EC) No 1162/95 laying down special detailed rules for the application of the system of import and export licences for cereals and rice (2) in Article 2 lays down general rules for fixing the amount of such refunds.

(3)

That calculation must also take account of the cereal products content. In the interest of simplification, the refund should be paid in respect of two categories of ‘cereal products’, namely for maize, the most commonly used cereal in exported compound feeds and maize products, and for ‘other cereals’, these being eligible cereal products excluding maize and maize products. A refund should be granted in respect of the quantity of cereal products present in the compound feedingstuff.

(4)	Furthermore, the amount of the refund must also take into account the possibilities and conditions for the sale of those products on the world market, the need to avoid disturbances on the Community market and the economic aspect of the export.

(5)	The current situation on the cereals market and, in particular, the supply prospects mean that the export refunds should be abolished.

(6)	The Management Committee for Cereals has not delivered an opinion within the time limit set by its chairman,

HAS ADOPTED THIS REGULATION:

Article 1

The export refunds on the compound feedingstuffs covered by Regulation (EC) No 1784/2003 and subject to Regulation (EC) No 1517/95 are hereby fixed as shown in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on 31 March 2006.

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(1)  OJ L 270, 21.10.2003, p. 78. Regulation as amended by Commission Regulation (EC) No 1154/2005 (OJ L 187, 19.7.2005, p. 11).

(2)  OJ L 147, 30.6.1995, p. 51.

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31.3.2006

EN

Official Journal of the European Union

L 93/45

---

COMMISSION REGULATION (EC) No 522/2006

of 30 March 2006

fixing the export refunds on milk and milk products

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products (1), and in particular Article 31(3) thereof,

Whereas:

(1)	Article 31(1) of Regulation (EC) No 1255/1999 provides that the difference between prices on the world market for the products listed in Article 1 of that Regulation and prices for those products on the Community market may be covered by an export refund.

(2)	Given the present situation on the market in milk and milk products, export refunds should therefore be fixed in accordance with the rules and certain criteria provided for in Article 31 of Regulation (EC) No 1255/1999.

(3)	The second subparagraph of Article 31(3) of Regulation (EC) No 1255/1999 provides that the world market situation or the specific requirements of certain markets may make it necessary to vary the refund according to destination.

(4)

In accordance with the Memorandum of Understanding between the European Community and the Dominican Republic on import protection for milk powder in the Dominican Republic (2) approved by Council Decision 98/486/EC (3), a certain amount of Community milk products exported to the Dominican Republic can benefit from reduced customs duties. For this reason, export refunds granted to products exported under this scheme should be reduced by a certain percentage.

(5)	The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products,

HAS ADOPTED THIS REGULATION:

Article 1

Export refunds as provided for in Article 31 of Regulation (EC) No 1255/1999 shall be granted on the products and for the amounts set out in the Annex to this Regulation subject to the conditions provided for in Article 1(4) of Commission Regulation (EC) No 174/1999 (4).

Article 2

This Regilation shall enter into force on 31 March 2006.

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(1)  OJ L 160, 26.6.1999, p. 48. Regulation as last amended by Regulation (EC) No 1913/2005 (OJ L 307, 25.11.2005, p. 2).

(2)  OJ L 218, 6.8.1998, p. 46.

(3)  OJ L 218, 6.8.1998, p. 45.

(4)  OJ L 20, 27.1.1999, p. 8.

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