Council Regulation (EC) No 509/2006 of 20 March 2006 on agricultural products and foodstuffs as traditional specialities guaranteed
Council Regulation (EC) No 509/2006of 20 March 2006on agricultural products and foodstuffs as traditional specialities guaranteedTHE 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 ParliamentNot yet published in the Official Journal.,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 foodstuffsOJ 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). defines the certificates of specific character, and the term "traditional speciality guaranteed" was introduced by Commission Regulation (EEC) No 1848/93OJ 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)., 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 foodstuffsOJ L 109, 6.5.2000, p. 29. Directive as last amended by Directive 2003/89/EC (OJ L 308, 25.11.2003, p. 15).. 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 rulesOJ L 165, 30.4.2004, p. 1. Corrected version in OJ L 191, 28.5.2004, p. 1., 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 CommissionOJ L 184, 17.7.1999, p. 23..(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: