A scheme for traditional specialities guaranteed is established to safeguard traditional methods of production and recipes by helping producers of traditional product in marketing and communicating the value-adding attributes of their traditional recipes and products to consumers.
1.A name shall be eligible for registration as a traditional speciality guaranteed where it describes a specific product or foodstuff that:
(a)results from a mode of production, processing or composition corresponding to traditional practice for that product or foodstuff; or
(b)is produced from raw materials or ingredients that are those traditionally used.
2.For a name to be registered as a traditional speciality guaranteed, it shall:
(a)have been traditionally used to refer to the specific product; or
(b)identify the traditional character or specific character of the product.
3.If it is demonstrated in the opposition procedure under Article 51 that the name is also used in another Member State or in a third country, in order to distinguish comparable products or products that share an identical or similar name, the decision on registration taken in accordance with Article 52(3) may provide that the name of the traditional speciality guaranteed is to be accompanied by the claim ‘made following the tradition of’ immediately followed by the name of a country or a region thereof.
4.A name may not be registered if it refers only to claims of a general nature used for a set of products, or to claims provided for by particular Union legislation.
5.In order to ensure the smooth functioning of the scheme, the Commission shall be empowered to adopt delegated acts, in accordance with Article 56, concerning further details of the eligibility criteria laid down in this Article.
1.A traditional speciality guaranteed shall comply with a specification which shall comprise:
(a)the name proposed for registration, in the appropriate language versions;
(b)a description of the product including its main physical, chemical, microbiological or organoleptic characteristics, showing the product’s specific character;
(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 by which the product is prepared; and
(d)the key elements establishing the product’s traditional character.
2.In order to ensure that product specifications provide relevant and succinct information, the Commission shall be empowered to adopt delegated acts, in accordance with Article 56, laying down rules which limit the information contained in the specification referred to in paragraph 1 of this Article, where such a limitation is necessary to avoid excessively voluminous applications for registration.
The Commission may adopt implementing acts laying down rules on the form of the specification. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 57(2).
1.An application for registration of a name as a traditional speciality guaranteed referred to in Article 49(2) or (5) shall comprise:
(a)the name and address of the applicant group;
(b)the product specification as provided for in Article 19.
2.An application dossier referred to in Article 49(4) shall comprise:
(a)the elements referred to in paragraph 1 of this Article; and
(b)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 pursuant thereto.
1.A reasoned statement of opposition as referred to in Article 51(2) shall be admissible only if it is received by the Commission before expiry of the time limit and if it:
(a)gives duly substantiated reasons why the proposed registration is incompatible with the terms of this Regulation; or
(b)shows that use of the name is lawful, renowned and economically significant for similar agricultural products or foodstuffs.
2.The criteria referred to in point (b) of paragraph 1 shall be assessed in relation to the territory of the Union.
1.The Commission shall adopt implementing acts, without applying the procedure referred to in Article 57(2), establishing and maintaining a publicly accessible updated register of traditional specialties guaranteed recognised under this scheme.
2.The Commission may adopt implementing acts laying down detailed rules on the form and content of the register. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 57(2).
1.A name registered as a traditional speciality guaranteed may be used by any operator marketing a product that conforms to the corresponding specification.
2.A Union symbol shall be established in order to publicise the traditional specialities guaranteed.
3.In the case of the products originating in the Union that are marketed under a traditional speciality guaranteed that is registered in accordance with this Regulation, the symbol referred to in paragraph 2 shall, without prejudice to paragraph 4, appear on the labelling. In addition, the name of the product should appear in the same field of vision. The indication ‘traditional speciality guaranteed’ or the corresponding abbreviation ‘TSG’ may also appear on the labelling.
The symbol shall be optional on the labelling of traditional specialities guaranteed which are produced outside the Union.
4.In order to ensure that the appropriate information is communicated to the consumer, the Commission shall be empowered to adopt delegated acts, in accordance with Article 56, establishing the Union symbol.
The Commission may adopt implementing acts defining the technical characteristics of the Union symbol and indication, as well as the rules of their use on the products bearing the name of a traditional speciality guaranteed, including as to the appropriate linguistic versions to be used. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 57(2).
1.Registered names shall be protected against any misuse, imitation or evocation, or against any other practice liable to mislead the consumer.
2.Member States shall ensure that sales descriptions used at national level do not give rise to confusion with names that are registered.
3.The Commission may adopt implementing acts laying down rules for the protection of traditional specialities guaranteed. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 57(2).
1.Names registered in accordance with Article 13(2) of Regulation (EC) No 509/2006 shall be automatically entered in the register referred to in Article 22 of this Regulation. The corresponding specifications shall be deemed to be the specifications referred to in Article 19 of this Regulation. Any specific transitional provisions associated with such registrations shall continue to apply.
2.Names registered in accordance with the requirements laid down in Article 13(1) of Regulation (EC) No 509/2006, including those registered pursuant to applications referred to in the second subparagraph of Article 58(1) of this Regulation, may continue to be used under the conditions provided for in Regulation (EC) No 509/2006 until 4 January 2023 unless Member States use the procedure set out in Article 26 of this Regulation.
3.In order to protect the rights and legitimate interests of producers or stakeholders concerned, the Commission shall be empowered to adopt delegated acts, in accordance with Article 56, laying down additional transitional rules.
1.At the request of a group, a Member State may submit, no later than 4 January 2016, to the Commission names of traditional specialities guaranteed that are registered in accordance with Article 13(1) of Regulation (EC) No 509/2006 and that comply with this Regulation.
Before submitting a name, the Member State shall initiate an opposition procedure as defined in Article 49(3) and (4).
If it is demonstrated in the course of this procedure that the name is also used in reference to comparable products or products that share an identical or similar name, the name may be complemented by a term identifying its traditional or specific character.
A group from a third country may submit such names to the Commission, either directly or through the authorities of the third country.
2.The Commission shall publish the names referred to in paragraph 1 together with the specifications for each such name in the Official Journal of the European Union within two months from reception.
3.Articles 51 and 52 shall apply.
4.Once the opposition procedure has finished, the Commission shall, where appropriate, adjust the entries in the register set out in Article 22. The corresponding specifications shall be deemed to be the specifications referred to in Article 19.