Regulation (EU) 2024/1143 of the European Parliament and of the Council of 11 April 2024 on geographical indications for wine, spirit drinks and agricultural products, as well as traditional specialities guaranteed and optional quality terms for agricultural products, amending Regulations (EU) No 1308/2013, (EU) 2019/787 and (EU) 2019/1753 and repealing Regulation (EU) No 1151/2012
Regulation (EU) 2024/1143 of the European Parliament and of the Councilof 11 April 2024on geographical indications for wine, spirit drinks and agricultural products, as well as traditional specialities guaranteed and optional quality terms for agricultural products, amending Regulations (EU) No 1308/2013, (EU) 2019/787 and (EU) 2019/1753 and repealing Regulation (EU) No 1151/2012 THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(2) and the first paragraph of Article 118 thereof,Having regard to the proposal from the European Commission,After transmission of the draft legislative act to the national Parliaments,Having regard to the opinion of the European Economic and Social CommitteeOJ C 443, 22.11.2022, p. 116.,Having regard to the opinion of the Committee of the RegionsOJ C 79, 2.3.2023, p. 74.,Acting in accordance with the ordinary legislative procedurePosition of the European Parliament of 28 February 2024 (not yet published in the Official Journal) and decision of the Council of 26 March 2024.,Whereas:(1)Over the years, the Union has established quality schemes for products with identifiable specific characteristics which cover geographical indications for wine, spirit drinks and agricultural products, including foodstuffs, as well as traditional specialities guaranteed and optional quality terms for agricultural products, including foodstuffs.(2)The European Green Deal, introduced by the Commission in its communication of 11 December 2019, included the design of a fair, sustainable, healthier and more environmentally-friendly food system that is accessible to all ("farm to fork") among the policies to transform the Union’s economy for a sustainable future.(3)Geographical indications can play an important role in terms of sustainability, including in the circular economy, thereby enhancing their heritage value and thus strengthening their role within the framework of national and regional policies with a view to meeting the objectives of the European Green Deal.(4)The Commission communication of 20 May 2020 entitled "A Farm to Fork Strategy — for a fair, healthy and environmentally-friendly food system", which called for a transition to sustainable food systems, also called for the strengthening of the legislative framework on geographical indications and for the inclusion of specific sustainability criteria. In that communication, the Commission committed to strengthening, among other players, the position of producers of products with geographical indications, their cooperatives and producer organisations in the food supply chain. Focus should be placed on small-scale producers, particularly those who best preserve traditional skills and know-how.(5)In its communication of 25 November 2020 entitled "Making the most of the EU’s innovative potential — An intellectual property action plan to support the EU’s recovery and resilience", the Commission undertook to look at ways to strengthen, modernise, streamline and better enforce geographical indications for agricultural products, wine and spirit drinks.(6)The quality and diversity of the Union’s wine, spirit drinks and agricultural and food production are one of its important strengths, giving a competitive advantage to the Union’s producers and making a major contribution to its living cultural and gastronomic heritage. This is due to the skills and determination of Union producers who have kept traditions and diversity of cultural identities alive as part of the Union’s heritage, while taking into account the development of new production methods and material, which have made traditional Union products a symbol of quality.(7)Citizens and consumers in the Union increasingly demand quality, traditional and accessible products which have specific qualities and characteristics attributable both to their origin and to their manner of production. They are also concerned about maintaining the diversity and security of supply of agricultural and food production in the Union. This generates a demand for wine, spirit drinks and agricultural products, including foodstuffs, with identifiable specific characteristics, in particular those linked to their geographical origin. Citizens and consumers are increasingly aware of the production conditions that have shaped the reputation and identity of such products.(8)Quality products represent one of the biggest assets that the Union has, both for its economy and for its cultural identity. Those products are the strongest representation of the "made in the EU" brand, recognisable throughout the whole world, which generate growth and preserve the Union’s heritage. Wines, spirit drinks and agricultural products, including foodstuffs, are Union assets that need to be further strengthened and protected.(9)Citizens and consumers expect any geographical indication and quality scheme to be backed up by a robust verification and control system, regardless of whether the product originates in the Union or a third country.(10)The protection of natural persons in relation to the processing of personal data is a fundamental right. Regulation (EU) 2018/1725 of the European Parliament and of the CouncilRegulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39). lays down rules on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data. Regulation (EU) 2016/679 of the European Parliament and of the CouncilRegulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1). applies to the processing of personal data carried out by Member States in the course of the relevant procedures. The roles of the Commission and of the Member States in relation to the processing of personal data in the procedures they are competent for need to be clearly defined in order to ensure a high level of protection.(11)As a general principle and with a view to minimising the exposure of personal data, the documents to be submitted in the course of the relevant procedures should not contain personal data. Where this is not possible, information that could contain personal data, such as the contact details of natural persons, should be submitted in separate specific documents.(12)For the purpose of this Regulation, the first and last names of natural persons and related contact details could appear in the documents processed by the Commission and the Member States in the course of the procedures set out by this Regulation. Personal data could appear, albeit rarely, in the procedures for registration, amendment or cancellation procedures of geographical indications and traditional specialities guaranteed. This can occur at both Member State and Commission level, where the name of the producer group concerned, or of the opponent, contains the name of a natural person. Personal data could also appear as part of the names of recognised producer groups. Such data are processed in relation to the designation of those groups and to the inclusion of their names in the Union register of geographical indications. Personal data can also appear as part of the names of delegated and product certification bodies and natural persons to which certain official control tasks have been delegated. Such data are processed in the context of the control procedures for geographical indications and traditional specialities guaranteed, at both Member State and Commission level. On the other hand, personal data are more likely to appear as part of the names of operators granted a transitional period in the registration or amendment process of a geographical indication or of a traditional speciality guaranteed, at both Member State and Commission level. Personal data could also appear as part of the names of the producers included in the list of the operators and in the tool delivering the attestation of compliance with the product specification, processed by Member States in control procedures for geographical indications and for traditional specialities guaranteed. The Commission and the Member States could, therefore, be obliged to process information that contains personal data, in particular the names of natural persons and their related contact details.(13)Whenever the Commission and the Member States find it necessary to process personal data in accordance with this Regulation, such processing is justified by the public interest. Carrying out procedures properly for registration, amendment or cancellation of geographical indications and traditional specialities guaranteed and control procedures in the framework of this Regulation and of Regulations (EU) No 1308/2013Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (OJ L 347, 20.12.2013, p. 671). and (EU) 2019/787 of the European Parliament and of the CouncilRegulation (EU) 2019/787 of the European Parliament and of the Council of 17 April 2019 on the definition, description, presentation and labelling of spirit drinks, the use of the names of spirit drinks in the presentation and labelling of other foodstuffs, the protection of geographical indications for spirit drinks, the use of ethyl alcohol and distillates of agricultural origin in alcoholic beverages, and repealing Regulation (EC) No 110/2008 (OJ L 130, 17.5.2019, p. 1). is necessary for the correct functioning of the system in protecting geographical indications and traditional specialities guaranteed. Those procedures are public in nature. Information about the entities concerned is necessary to identify their responsibilities in the procedures and to ensure fair competition and a level-playing field between the operators. Furthermore, in some cases, processing the names of producers and producer groups is indispensable for them to pursue their interests or to enjoy their rights. The processing of personal data may happen in relation to the granting of a transitional period, by the Member States or by the Commission, in the course of a procedure of registration or amendment of a geographical indication or traditional speciality guaranteed, to the designation of recognised producer groups and the inclusion of their names in the Union register of geographical indications, to the compilation of the list of the producers of products designated by a geographical indication kept by the Member States and to the setting and functioning of the system that delivers the attestation of compliance with the product specification. In all those cases, the processing of personal data is carried out in the public interest and, in some cases, also in the interest of the data subject.(14)In general, in accordance with this Regulation, information that may contain personal data is normally processed in the form of digital or paper documents that may be exchanged between the Member States and the Commission or between the Member States and the producers or persons concerned, or archived. Such information is neither disclosed to third parties nor published. However, in the case of opposition procedures, in order to put the applicant and the opponent in contact with each other with a view to starting consultations and reaching an agreement, the Commission sends them each other’s contact details. Where the applicant or the opponent happens to be identified by a name containing the name of a natural person, the name and contact details are personal data that need to be communicated to a third party. In addition, for the correct achievement of the objectives of the opposition procedure, the applicant should be made aware of all of the information sent by the opponent to justify its opposition to the registration or amendment or cancellation. In addition, the names of the applicants for amendment, persons requesting cancellation, producer groups, single producers and beneficiaries of transitional period are published or made public. If personal data happen to be part of those names, that personal data should also be published. In the case of procedures for approval of a Union amendment, the name of the applicant is to be published in the Official Journal of the European Union in order to allow the potential opponent to challenge its interest in applying for the Union amendment. In the case of procedures for cancellation, where the cancellation is requested by a natural or legal person established or resident in a third country, the name of the natural or legal person requesting the cancellation is to be published in order to identify the persons who have activated the procedure for cancellation and to allow a potential opponent to challenge their legitimate interest to request cancellation. In the case of procedures for standard amendment, where the standard amendment is communicated by a natural or legal person established or resident in a third country, the name of that person is to be published or made public. When entering the information in the Union register of geographical indications, the name of the recognised producer group should be made public in that register for reasons of transparency and to allow that group to demonstrate its status as the recognised producer group for the geographical indication concerned. In the case of publication by the Member States of the names of the delegated bodies and natural persons to which official control tasks have been delegated in respect of geographical indications and traditional specialities guaranteed originating in their territory, and in the case of publication of the names of product certification bodies by the Commission in respect of geographical indications and traditional specialities guaranteed originating in third countries, those names shall be made public in order to allow full transparency of the control procedures. In the case of a Commission Regulation or a national act granting a transitional period to a producer to allow the use of a geographical indication or a traditional speciality guaranteed, the name of that producer should be referred to in that Commission Regulation or national act and made public in order to enable that producer to exercise the rights that it has been granted and to ensure a level-playing field. Within that framework, and for the proper implementation of the procedures provided for in this Regulation and in accordance with Regulations (EU) 2016/679 and (EU) 2018/1725, the Member States and the Commission should be allowed to disclose to third parties or publish such personal data.(15)Documentation related to the registration of a geographical indication and of a traditional speciality guaranteed, in digital or paper form, should be retained for a period of 10 years after cancellation of the registration, in order to ensure the retention of historical information and to allow comparison with possible subsequent applications concerning the same or similar names. If personal data are part of that documentation, those personal data should also be retained.(16)For the purpose of applying Regulation (EU) 2018/1725, the Commission is the authority with whom the data subject may exercise the related rights, by sending comments, raising questions or concerns, or submitting a complaint regarding the collection and use of the personal data. It should, therefore, be clarified that the Commission is considered as the controller within the meaning of Regulation (EU) 2018/1725 in relation to the processing of personal data in the procedures for which it is responsible under this Regulation, Regulations (EU) No 1308/2013 and (EU) 2019/787 and the provisions adopted pursuant to this Regulation and to those Regulations. When maintaining and keeping up-to-date the Union register of geographical indications, the European Union Intellectual Property Office ("EUIPO") should act as processor. EUIPO should not have any discretion to affect the purpose and the essential elements of the personal data processing.(17)For the purpose of applying Regulation (EU) 2016/679, the competent authorities of the Member States are the authorities with whom the data subject may exercise the related rights, by sending comments, raising questions or concerns, or submitting a complaint regarding the collection and use of the personal data. It should, therefore, be clarified that the Member States are considered as controllers within the meaning of Regulation (EU) 2016/679 in relation to the processing of personal data in the procedures for which they are responsible under this Regulation, Regulations (EU) No 1308/2013 and (EU) 2019/787 and the provisions adopted pursuant to this Regulation and to those Regulations.(18)Ensuring uniform recognition and protection throughout the Union for the intellectual property rights related to names protected in the Union is a priority that can be effectively achieved only at Union level. A unitary and exhaustive system of geographical indications therefore needs to be provided for in Union law. Geographical indications are a collective right held by all eligible producers in a designated area willing to adhere to a product specification.(19)Producers acting collectively have more powers than individual producers and take collective responsibilities to manage their geographical indications, including responding to societal demands for products resulting from sustainable production. Similarly, the collective organisation of the producers of a product designated by a geographical indication can better ensure a fair distribution of the value added amongst the actors in the supply chain, to provide a fair income to producers, which covers their costs and allows them to invest further in the quality and sustainability of their products. The use of geographical indications rewards producers fairly for their efforts in producing a diverse range of quality products. At the same time, that can benefit the rural economy, which is particularly the case in areas with natural or other specific constraints, such as mountain areas and remote regions, including the outermost regions, where the farming sector accounts for a significant part of the economy and production costs are high. In that way, quality schemes are able to contribute to and complement rural development policy as well as market and income support policies of the common agricultural policy ("the CAP"). In particular, they may contribute to developments in the farming sector and, especially, disadvantaged areas. The Commission communication of 30 June 2021 entitled "A long-term vision for the EU’s Rural Areas — Towards stronger, connected, resilient and prosperous rural areas by 2040" recognises the key role of geographical indications among the flagship initiatives that promote rural areas, in view of their contribution to the prosperity, economic diversification and development of rural areas and the strong association between a product and its territorial origin. A Union framework that protects geographical indications by providing for their inclusion in a register at Union level facilitates the development of the agricultural sector, since the resulting, more uniform approach ensures fair competition between the producers of products bearing such indications and enhances the credibility of products from the perspective of consumers. The system of geographical indications aims at enabling consumers to make more informed purchasing choices and, through labelling and advertising, helping them to correctly identify their products on the market.(20)A unitary and exhaustive system of geographical indications should contribute significantly to increased awareness, recognition and consumer understanding, both in the Union and in third countries, of the symbols, indications and abbreviations demonstrating participation in Union quality schemes and their added value. That system could strengthen and facilitate the promotion, under Regulation (EU) No 1144/2014 of the European Parliament and of the CouncilRegulation (EU) No 1144/2014 of the European Parliament and of the Council of 22 October 2014 on information provision and promotion measures concerning agricultural products implemented in the internal market and in third countries and repealing Council Regulation (EC) No 3/2008 (OJ L 317, 4.11.2014, p. 56)., of products designated by geographical indications.(21)Geographical indications, being a type of intellectual property right, help operators and companies valorise their intangible assets. In order to avoid creating unfair conditions of competition and to sustain the internal market, any producer, including a third country producer, should be able to use a registered name and market products designated by geographical indications throughout the Union and in electronic commerce, provided that the product concerned complies with the requirements of the relevant specification and that the producer is covered by a system of controls. In light of the experience gained from the implementation of Regulations (EU) No 1308/2013 and (EU) 2019/787 and Regulation (EU) No 1151/2012 of the European Parliament and of the CouncilRegulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (OJ L 343, 14.12.2012, p. 1)., there is a need to address certain legal issues, to clarify and simplify certain rules and to streamline the procedures.(22)For the purpose of regulating geographical indications for agricultural products and foodstuffs, it is appropriate to define the agricultural products and foodstuffs concerned in such a way as to take into account the international regulatory framework, namely the World Trade Organization (WTO) Agreement on Agriculture, while respecting the scope of the agricultural products as listed in Annex I to the Treaty on the Functioning of the European Union (TFEU). Therefore, reference to the Combined Nomenclature established by Council Regulation (EEC) No 2658/87Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1). should be made. Thus, the agricultural products and foodstuffs should include the products falling within the scope of Chapters 1 to 23 of the Combined Nomenclature, including the products listed in Annex I to this Regulation.(23)The Union’s quality policy should contribute to enabling the transition to a sustainable food system and should respond to societal demands for sustainable, environmentally and climate-friendly, animal welfare-ensuring, resource-efficient, socially and ethically responsible production methods. Producers of products designated by geographical indications should be encouraged to adhere to sustainable practices, encompassing environmental, social and economic objectives, that go beyond mandatory standards. Such practices could be set out in the product specification or in a separate initiative. The sustainability practices included in the product specification should relate to at least one of the three main types of sustainability: namely environmental, social and economic.(24)Sustainability practices should contribute to one or more environmental, social or economic objectives. The environmental objectives should include climate change mitigation and adaptation, the conservation and sustainable use of soil, landscape, water and natural resources, the preservation of biodiversity, the conservation of rare seeds, local breeds and plant varieties, the promotion of short supply chains and the management and promotion of animal welfare. The social objectives should include the improvement of working and employment conditions, as well as collective bargaining, social protection and safety standards, attracting and supporting both young and new producers of products designated by a geographical indication, in order to ease generational renewal and facilitate the solidarity and transmission of knowledge across generations. The economic objectives should include securing a stable and fair income and a strong position across the value chain for producers of products designated by a geographical indication, improving the economic value of products designated by a geographical indication and the redistribution of added value along the value chain, contributing to the diversification of the rural economy and to local development, including agricultural employment, and preserving rural areas.(25)In order to give visibility to the efforts of the producers of products designated by geographical indications in relation to sustainability, producer groups or recognised producer groups may prepare sustainability reports in which they communicate the sustainable practices applied in the production of the product concerned. Those reports should be made public by the Commission.(26)The Union has for some time aimed at simplifying the regulatory framework of the CAP. The procedures for amending product specifications for products designated by a geographical indication have already been simplified and made more efficient for wine and agri-food products as part of the review of the CAP, in particular through the extension of the "standard amendments" regime, which was previously applicable in the wine and the spirit drinks sector, to the agricultural products sector. That reduces the steps for the approval of amendments that neither concern essential elements of the product specification nor impact the interests of third parties established or resident in Member States other than the Member State of origin of the geographical indication concerned. In order to further simplify the lengthy procedures for registration, Union amendment and cancellation of the registration, harmonised procedural rules for geographical indications for wine, spirit drinks and agricultural products should be laid down in a single legal instrument, while maintaining product specific provisions for wine in Regulation (EU) No 1308/2013, for spirit drinks in Regulation (EU) 2019/787 and for agricultural products in this Regulation. The procedures for registration, Union amendments to the product specification and cancellation of the registration in respect of geographical indications originating in the Union, including opposition procedures, should be carried out by the Member States and the Commission. The Member States and the Commission should be responsible for distinct stages of each procedure. However, with respect to the approval of standard amendments, Member States should be solely responsible for managing the procedure and adopting the final decision. Member States should be responsible for the first stage of the procedure, which consists of receiving the application from the producer group, assessing it, including running a national opposition procedure, and, following the results of the assessment, submitting the application to the Commission. The Commission should be responsible for examining the application in the second stage of the procedure, including running a worldwide opposition procedure, and taking a decision on whether or not to grant protection to the geographical indication. Deadlines for lodging an opposition should be set with a view to ensuring the full exercise of the right of opposition without delaying the registration process. It should be possible for the opponent to add further details to the grounds set out in the opposition in the course of the consultations with the applicant. Geographical indications should be registered only at Union level. However, with effect from the date of application with the Commission for registration at Union level, Member States should be able to grant transitional protection at national level without affecting the internal market or international trade. The protection afforded by this Regulation upon registration should be equally available to geographical indications of third countries that meet the corresponding criteria and that are protected in their country of origin. The Commission should carry out the corresponding procedures for geographical indications of products originating in third countries.(27)In order to allow Member States, third countries and natural or legal persons established or resident in a third country to bring to the attention of the Commission any error or additional information in relation to an application for registration, the possibility of submitting a notice of comments should be provided for.(28)To ensure coherent and efficient decision-making as regards applications for protection and judicial challenges submitted in the national procedure, the Commission should be informed in a timely and regular manner where procedures are launched before national courts or other bodies concerning an application for registration forwarded by the Member State to the Commission, and of the final results of those procedures. For the same reason, where a Member State considers that a national decision on which the application for protection is based is likely to be invalidated as a result of national judicial proceedings, it should inform the Commission of that assessment. If the Member State requests the suspension of the examination of an application at Union level, the Commission should be exempted from the obligation to meet the deadline for examination established in this Regulation. In order to protect the applicant from vexatious legal actions and to preserve the applicant’s right to secure the protection of a name within a reasonable time, the exemption should be limited to cases in which the application for registration has been invalidated at national level by an immediately applicable but not final judicial decision or in which the Member State considers that the action to challenge the validity of the application is based on valid grounds.(29)To allow operators, whose interests are affected by the registration of a name, to continue to use that name for a limited period of time, although the use of that name would be in breach of the protection regime established in this Regulation, specific derogations for the use of the names in the form of transitional periods should be granted. Such periods should also be allowed in order to overcome temporary difficulties and with the long-term objective of ensuring that all producers comply with the product specification.(30)To ensure transparency and uniformity across Member States, it is necessary to establish and maintain a single electronic Union register of geographical indications, registered as protected designations of origin or protected geographical indications. The regularly updated register should provide information to consumers and to those involved in trade on all types of geographical indications entered in that register. The register should be an electronic database stored within an information system and should be accessible to the public. The EUIPO, drawing on its experience in managing other intellectual property rights registers, should maintain and keep the Union register up-to-date with respect to registrations, amendments and cancellations of geographical indications.(31)The Union negotiates international agreements, including those that enhance the protection of designations of origin and geographical indications with its trade partners. In order to facilitate the provision to the public of information about the names protected by those international agreements, and in particular to ensure the protection and control of the use to which those names are put, those names may be entered in the Union register of geographical indications. Unless specifically identified as designations of origin in such international agreements, the names should be entered in the register as protected geographical indications.(32)For the optimal functioning of the internal market, it is important that producers and other operators concerned, authorities and consumers can quickly and easily have access to the relevant information concerning a registered protected designation of origin or protected geographical indication. That information should include, where applicable, the information on the identity of the producer group recognised at national level.(33)Protection should be granted to names entered in the Union register of geographical indications with the aim of ensuring that they are used fairly and in order to prevent practices liable to mislead consumers. To strengthen the protection of geographical indications and to combat infringements more effectively, the protection of designations of origin and geographical indications should apply to all domain names that are accessible in the Union, irrespective of the place of establishment of the relevant registries.(34)To establish whether products are comparable to the products designated by a geographical indication, account should be taken of all relevant factors. Those factors should include whether the products have common objective characteristics, such as method of production, physical appearance or use of the same raw material; under which circumstances the products are utilised from the point of view of the relevant public; whether they are frequently distributed through the same channels; and whether they are subject to similar marketing rules.(35)Building on the established case-law of the Court of Justice of the European Union, evocation of a geographical indication may arise, in particular, where a link with the product designated by the registered geographical indication, including with reference to a term, sign, or other labelling or packaging device, is present in the mind of the average European consumer who is reasonably well-informed, observant and circumspect.(36)In light of commercial practices and Union case-law, clarity is required on the use of a geographical indication in the sale name of a processed product of which the product designated by the geographical indication is an ingredient. It should be ensured that such use is made in accordance with fair commercial practices and does not weaken, dilute or is not detrimental to the reputation of the product bearing the geographical indication. To that end, conditions for the qualities attributed by the geographical indication as ingredient to the processed food should be added. Moreover, the producers of prepacked food should notify the recognised producer group, where such a group exists, before starting to use the geographical indication in the name of the prepacked food. Such approach is in line with the objectives of strengthening the protection of the geographical indications and enhancing the role of the recognised producer groups. With a view to the attainment of those objectives, Member States should be able to maintain or introduce additional national procedural rules applicable to internal situations where the producer of prepacked food and the recognised producer group are established on the territory of that Member State, in line with the Treaties and the case-law, and without hampering the free movement of goods and the freedom of establishment. Furthermore, respecting the principle of contractual freedom, the recognised producer group and the producer of prepacked food may conclude an agreement between them about specific technical and visual elements of the presentation of the geographical indication of the ingredient in the name of the prepacked food.(37)Rules concerning the continued use of generic terms should be clarified so that generic terms that are similar to or form part of a name or term that is protected should retain their generic status.(38)The scope of the protection granted under this Regulation should be clarified, in particular with regard to those limitations on registration of new trade marks set out in Directive (EU) 2015/2436 of the European Parliament and of the CouncilDirective (EU) 2015/2436 of the European Parliament and of the Council of 16 December 2015 to approximate the laws of the Member States relating to trade marks (OJ L 336, 23.12.2015, p. 1). and in Regulation (EU) 2017/1001 of the European Parliament and of the CouncilRegulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade mark (OJ L 154, 16.6.2017, p. 1). that conflict with the registration of geographical indications. Such clarification is also necessary with regard to the holders of prior intellectual property rights, in particular those concerning trade marks and homonymous names registered as geographical indications.(39)The relationship between trade marks and geographical indications should be clarified with regard to criteria for the rejection of trade mark applications, the invalidation of trade marks and the coexistence between trade marks and geographical indications.(40)Geographical indications can also be registered as trade marks in cases where this does not contravene this Regulation. To that end, this Regulation does not affect national rules as regards the accounting valuation of those trade marks and their inclusion in the annual balance sheet of producers and producer groups.(41)Producer groups play an essential role in the application process for the registration of geographical indications and in the management of their geographical indications. Producer groups may be assisted in the preparation of their application by interested parties such as regional and local authorities. Producer groups should be equipped with the means to better identify and market the specific characteristics of their products. The role of the producer group should therefore be clarified.(42)As producers of products bearing geographical indications are mostly small or medium — sized enterprises, they face competition from other operators along the food supply chain which can create unfair competition between local producers and those operating on a more extended scale. In this context, in the interest of all the producers concerned, it is necessary to allow one single producer group to perform specific actions in the name of the producers. For that purpose, the category of the recognised producer group should be established. In addition to the general rules on producer groups, which should apply accordingly also to recognised producer groups, it is necessary to define the criteria to qualify as a recognised producer group and the related specific additional rights, in particular in order to provide recognised producer groups with the right tools to better enforce their intellectual property rights against unfair and devaluating practices. In that regard, the recognised producer groups should be able to represent all producers of the products designated by geographical indications concerned and to act on their behalf. They should also be entrusted with exercising certain specific tasks listed in this Regulation, particularly because the effect or the scale of those tasks concerns all such producers. To that end, the division between national, regional and local levels is understood in accordance with the Member States’ constitutional structure and national law. The provisions on recognised producer groups are inspired by the long-established systems in several Member States. Those existing systems show that the recognised producer group is a valuable instrument in enhancing the collective management and protection of geographical indications, which should be maintained. Accordingly, this Regulation should give the necessary regulatory tools to Member States wishing to establish such systems at any time.(43)A single producer group should also be recognised, upon agreement of the Member States concerned, in the case of geographical indications whose geographical area extends to more than one Member State. In view of the Protocol on Ireland and Northern Ireland to the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy CommunityOJ C 384 I, 12.11.2019, p. 1., the same should apply where the territory of Northern Ireland is concerned.(44)Given the valuable and continued contribution of associations of producer groups to the promotion and popularisation of the system of geographical indications, the role and functions of such associations should be laid down.(45)With a view to improving the enforcement of geographical indications in the market, the relationship between internet domain names and protection of geographical indications should be clarified as regards the scope of application of the remedy measures, the recognition of geographical indications in dispute resolution, and the fair use of domain names. Alternative dispute resolution systems of country-code top-level domain name registries throughout the Union should acknowledge geographical indications as a right to be invoked during such disputes.(46)In order to avoid creating unfair conditions of competition, any operator, including a third-country operator, should be able to use a registered geographical indication, provided that the product concerned complies with the requirements of the relevant product specification. The system set up by the Member States should also ensure that operators complying with the rules are entitled to be covered by the verification of compliance with the product specification.(47)The symbols, indications and abbreviations identifying a registered geographical indication, and the rights therein pertaining to the Union, should be protected in the Union as well as in third countries with the aim of ensuring that they are used on genuine products and that consumers are not misled as to the qualities of products.(48)The labelling of spirit drinks and agricultural products should be subject to the general rules laid down in Regulation (EU) No 1169/2011 of the European Parliament and of the CouncilRegulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004 (OJ L 304, 22.11.2011, p. 18)., and in particular the provisions aimed at preventing labelling that may confuse or mislead consumers.(49)The use of Union symbols on the packaging (labelling and advertising material) of agricultural products designated by a geographical indication should be made obligatory in order to make that category of products, and the guarantees attached to them, better known to consumers and to permit easier identification of those products on the market, thereby facilitating checks. In view of their specific nature, special provisions concerning labelling should be maintained for spirit drinks. The use of Union symbols or indications should remain voluntary for third country geographical indications and designations of origin for agricultural products. Labelling rules concerning protected designations of origin ("PDO") and protected geographical indications ("PGI") in the wine sector should be maintained in Regulation (EU) No 1308/2013 while clarifying that the abbreviations "PDO" and "PGI" can also be added on the label.(50)In order to give visibility to the producers of products designated by geographical indications, it should be mandatory to indicate on the label the name of the producer or, in the case of agricultural products, the name of the operator.(51)The added value of geographical indications is based on consumer trust. The system of geographical indications relies significantly on self-control, due diligence and individual responsibility of producers, while it is the role of the competent authorities of the Member States to take the necessary steps to prevent or stop the use of names of products which are in breach of the rules governing geographical indications. The role of the Commission is to audit the Member States based on a risk analysis. Geographical indications should be subject to the system of official controls, in accordance with the principles set out in Regulation (EU) 2017/625 of the European Parliament and of the CouncilRegulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) (OJ L 95, 7.4.2017, p. 1)., which should include a system of controls at all stages of production, processing and distribution. Each operator should be subject to a control system that verifies compliance with the product specification. Taking into account that wine is subject to specific controls laid down in Regulation (EU) No 1308/2013, this Regulation should lay down controls for spirit drinks and agricultural products only.(52)In order to ensure that they are impartial and effective, the competent authorities designated to perform the verification of the compliance with the product specification should meet a number of operational criteria. Provisions on delegating certain official control tasks to delegated and product certification bodies and natural persons should be envisaged to facilitate the task of the control authorities and make the system more effective. Information on the competent authorities, delegated and product certification bodies and natural persons should be made public to ensure transparency and allow interested parties to contact them.(53)European standards developed by the European Committee for Standardisation and international standards developed by the International Organisation for Standardisation should be used for the accreditation of the delegated and product certification bodies as well as by those bodies for their operations. The accreditation of those bodies should take place in accordance with Regulation (EC) No 765/2008 of the European Parliament and of the CouncilRegulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008, p. 30)..(54)Enforcement of geographical indications in the market, in accordance with Regulation (EU) 2017/625, is important to prevent fraudulent and deceptive practices and to allow the effective combating of counterfeiting, thus ensuring that producers are properly rewarded for the added value of their products bearing a geographical indication and that illegal users of those geographical indications are prevented from selling their products. Controls on the market should be carried out based on risk assessment or notifications from operators or competent authorities to ensure compliance with the product specification or single document or an equivalent to the latter, such as the summary of the product specification. Appropriate effective and proportionate administrative and judicial steps should be taken to prevent or stop the use of names on products or services that fail to respect, or contravene, the protected geographical indications.(55)Furthermore, given the increased use of online intermediary services, the enforcement of the protection of geographical indications against domains names that contravene that protection deserves particular attention. It is necessary to equip the competent national authorities with the tools to react properly to a violation, established under this Regulation, of the protection of a geographical indication, by a registered domain name. Therefore, when exercising their official control tasks, those authorities should be able to take appropriate steps with a view to disabling access from the territory of the Member State concerned to domain names registered in breach of the protection of geographical indications, taking into account the principle of proportionality and the rights and interests of the affected parties. Such steps should be in line with other relevant Union law such as Regulation (EU) 2022/2065 of the European Parliament and of the CouncilRegulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, p. 1)..(56)Intermediary services, in particular online platforms, have become increasingly used for the sales of products, including those designated by geographical indications, and in some cases they might represent an important space as regards preventing fraud. Information related to the advertising, promotion and sale of goods that contravenes the protection of geographical indications should be considered illegal content under Regulation (EU) 2022/2065. In that regard, this Regulation provides for the identification of such illegal content and for possible measures to be taken by national authorities.(57)Taking into account that a product designated by the geographical indication produced in one Member State might be sold in another Member State, administrative assistance between Member States should be ensured to allow effective controls, and the practicalities of that administrative assistance should be laid down.(58)For the optimal functioning of the internal market, it is important that producers quickly and easily demonstrate in several contexts that they are authorised to use a protected name, such as during customs controls or market inspections, or on demand by trade operators. For that purpose, an attestation of compliance with the product specification should be made available to the operator.(59)In the light of existing practice, the two different instruments for identifying the link between the product and its geographical origin, namely the designation of origin and the geographical indication, should be maintained. Rules for and definitions of plant varieties and animal breeds should be clarified to better understand their relationship to geographical indications in the event of conflict. Rules on sourcing of feed and of raw materials should remain unchanged.(60)For protected designations of origin, the link between the geographical environment and the specific quality or characteristics of the product which are essentially or exclusively attributable to that environment, is generally composed of several elements. Temporary amendments suspending for a limited period of time the requirement to source the minimum threshold of 50 % of feed from within the geographical area should be adopted only where they do not affect the link in the entirety of its elements, because that would void it and would allow the marketing, under the protected name, of products that are totally deprived of the specific quality or characteristics linked to the geographical area.(61)A product bearing a geographical indication should meet certain conditions set out in the product specification. For such information to be easily understandable also for interested parties, the product specification should be summarised in a single document.(62)The specific objective of the scheme for traditional specialities guaranteed is to help the producers of traditional products to communicate the value-adding attributes of their product to consumers. In order to avoid creating unfair conditions of competition, any producer, including a producer from a third country, should be able to use a registered name of a traditional speciality guaranteed, provided that the product concerned complies with the requirements of the relevant specification and the producer is covered by a system of controls.(63)In the absence of any general international obligation to recognise traditional specialities guaranteed schemes that may exist in third countries, and since this Regulation is applicable solely within the Union, the traditional practices concerning the mode of production, processing or composition and the traditional uses of raw materials or ingredients of a product designated by a name eligible for registration as a traditional speciality guaranteed should be understood as referring to such practices or uses within the Union. That should also apply to applications originating in third countries.(64)As only a few names have been registered, the current scheme for traditional specialities guaranteed has failed to realise its potential. Current provisions should therefore be improved, clarified and sharpened in order to make the scheme more understandable, operational and attractive to potential applicants. To ensure that names of genuine traditional products are registered, the criteria and conditions for the registration of a name should be adapted, in particular by removing the condition that traditional specialities guaranteed must have a specific character.(65)To ensure that traditional specialities guaranteed comply with their specification and are consistent, producers organised into groups should themselves define the product in a specification. The option of registering a name as a traditional speciality guaranteed should be open to third country producers.(66)To ensure transparency, traditional specialities guaranteed should be entered in the Union register of traditional specialities guaranteed.(67)For traditional specialities guaranteed produced within the Union, the Union symbol should be indicated on the labelling and it should be possible to associate it with the indication "traditional speciality guaranteed". The use of the names, the Union symbol and the indication should be regulated accordingly to ensure a uniform approach across the internal market.(68)Traditional specialities guaranteed should be effectively protected on the market so that their producers are properly rewarded for their added value and that illegal users of traditional specialities guaranteed are prevented from selling their products.(69)In order to avoid misleading consumers, registered traditional specialities guaranteed should be protected against any misuse or imitation, including as regards products used as ingredients, or against any other practice liable to mislead the consumer. Pursuing the same objective, rules should be laid down for specific uses of traditional specialities guaranteed, in particular as regards the use of terms that are generic in the Union, labelling which contains or comprises the denomination of a plant variety or animal breed and trade marks.(70)The procedures for registration, amendments to the product specification and cancellation of the registration in respect of traditional specialities guaranteed originating in the Union, including opposition procedures, should be carried out by the Member States and the Commission. The Member States and the Commission should be responsible for distinct stages of each procedure. Member States should be responsible for the first stage of the procedure, which consists of receiving the application from the producer group, assessing it, including running a national opposition procedure, and, following the results of the assessment, submitting the application for registration at Union stage to the Commission. The Commission should be responsible for examining the application, including running a worldwide opposition procedure, and taking a decision on granting the traditional specialities guaranteed protection or not. The protection afforded by this Regulation upon registration should be equally available to traditional specialities guaranteed from third countries that meet the corresponding criteria and that are protected in their country of origin. The Commission should also carry out the corresponding procedures for traditional specialities guaranteed originating in third countries.(71)The optional quality terms scheme was introduced by Regulation (EU) No 1151/2012. It refers to specific horizontal characteristics, of one or more categories of products, farming methods or processing attributes which apply in specific areas. The optional quality term "mountain product" met the conditions laid down for optional quality terms and was established by that Regulation. That term provided mountain producers with an effective tool to better market their product and to reduce the actual risks of consumer confusion as to the mountain provenance of products on the market. The possibility for producers to use optional quality terms should be maintained, as the scheme has not yet reached its full potential in the Member States.(72)Provisions concerning geographical indications for wine set out in Regulation (EU) No 1308/2013 and for spirit drinks set out in Regulation (EU) 2019/787 need to be amended in order to align them with the common rules on registration, amendment, opposition, cancellation, protection and enforcement of the geographical indications and, for spirit drinks, on controls set out in this Regulation.(73)For wine, additional changes are needed to the definition of protected geographical indications to bring it in line with the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), which does not define as an exceptional case a geographical indication with a geographical area corresponding to the whole territory of a country. While it is no longer necessary to justify as an exceptional case a protected geographical indication in the wine sector covering the whole area of a country, such a designation merits, nonetheless, careful examination in the light of the conditions of registration, in particular as regards very large areas. The alignment with the definition of geographical indication in TRIPS should not lead to the registration of imaginative or fictitious names in the wine sector. A name should be considered eligible for registration where, although not including any geographical term, it reveals implicitly the place, region or country the product originates from.(74)Regulation (EU) 2019/1753 of the European Parliament and of the CouncilRegulation (EU) 2019/1753 of the European Parliament and of the Council of 23 October 2019 on the action of the Union following its accession to the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications (OJ L 271, 24.10.2019, p. 1)., concerning the implementation of the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications ("the Geneva Act") in the Union, needs to be amended in order to enhance the role of the recognised producer group in the procedure of registration of geographical indications of the Union in the international register under the Geneva Act. Regulation (EU) 2019/1753 should also be adapted to allow the registration under the Geneva Act of the appellations of origin of the seven Member States which are parties to the Lisbon Agreement related to products which do not fall within the scope of Regulation (EU) No 1151/2012 but which fall within the scope of this Regulation.(75)In order to supplement or amend certain non-essential elements of this Regulation, the power to adopt acts in accordance with Article 290 of the TFEU should be delegated to the Commission in respect of the following: providing detailed procedures and deadlines for the opposition procedure; setting out provisions on Union amendments to product specifications of geographical indications for which no single document was published, on admissibility of applications for Union amendments, on the relationship between Union and standard amendments, and on standard amendments; laying down additional rules on the use of geographical indications in the name of processed products with reference to the use of comparable ingredients and the criteria of conferring essential characteristics on the processed products; entrusting the EUIPO to establish and manage a domain name information and alert system; establishing restrictions and derogations with regard to the slaughtering of live animals or with regard to the sourcing of raw materials; laying down rules for determining the use of the denomination of a plant variety or of an animal breed; laying down rules which limit the information contained in the product specification for geographical indications and traditional specialities guaranteed; laying down further details of the eligibility criteria for traditional specialities guaranteed; complementing the rules for the opposition procedure for traditional specialities guaranteed to establish detailed procedures and deadlines; supplementing the rules regarding the amendment application process for traditional specialities guaranteed; supplementing the rules on the use of traditional specialities guaranteed in the name of processed products with reference to the use of comparable ingredients and the criteria of conferring essential characteristics on the processed products; laying down detailed rules relating to the criteria for optional quality terms; reserving an additional optional quality term, laying down its conditions of use; laying down derogations to the use of the term "mountain product" and establishing the methods of production, and other criteria relevant for the application of that optional quality term, in particular, laying down the conditions under which raw materials or feedstuffs are permitted to come from outside the mountain areas. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-MakingOJ L 123, 12.5.2016, p. 1.. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.(76)To implement the rules laid down in this Regulation relating to geographical indications, traditional specialities guaranteed and optional quality terms, the Commission should be assisted by a committee, composed of the delegates of the Member States.(77)In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission in respect of the following:as regards geographical indications: specifying the technical presentation of, and online access to, the classification of the products designated by geographical indications in accordance with the Combined Nomenclature; specifying the format and online presentation of the accompanying documentation and providing for the exclusion or anonymisation of personal data; laying down detailed rules on procedures, the form and presentation of applications for registration at Union stage, including applications concerning more than one national territory; specifying the format and presentation of oppositions and providing for the exclusion or anonymisation of personal data; specifying the format and presentation of notices of comments; granting a transitional period to allow the use of a registered name alongside other names that would otherwise contravene with a registered name and extending such transitional period; rejecting the application; deciding on the registration of a geographical indication if an agreement has not been reached; registering geographical indications pertaining to products of third countries that are protected in the Union under an international agreement, to which the Union is a contracting party; specifying the content and presentation of the Union register of geographical indications; specifying the format and online presentation of extracts from the Union register of geographical indications, and providing for the exclusion or anonymisation of personal data; laying down detailed rules on procedures, form and presentation of applications for a Union amendment and on procedures, form and communication to the Commission of a standard amendment; cancelling the registration of a geographical indication; laying down detailed rules on procedures and form of the cancellation of a registration and on the presentation of cancellation requests; removing from the Union register any geographical indications registered in breach of the provisions on homonymous names; specifying the technical characteristics of the Union symbols as well as technical rules of their use and the use of the indications and abbreviations on products marketed under a registered geographical indication, including linguistic versions; specifying the communication to be made by the third countries to the Commission; the arrangements for monitoring and verifying the activity covered by the product specification; laying down detailed rules on the nature and the type of information to be exchanged and the methods for exchanging information under mutual assistance for the purpose of controls and enforcement; laying down detailed rules on the form and content of the attestation of compliance and listing, the forms in which they are to be made available by the operators or traders for control or in the course of business, and on the circumstances under which, and the forms in which, an equivalent attestation is required in the case of products originating in third countries; laying down rules on the form of the product specification of geographical indications of agricultural products; specifying the format and online presentation of the single document of geographical indications of agricultural products and providing for the exclusion or anonymisation of personal data;as regards traditional specialities guaranteed: laying down rules on the form of the product specification; specifying the content and presentation of the Union register of traditional specialities guaranteed; specifying the technical characteristics of the Union symbols as well as the technical rules on their use and the use of the indication and the abbreviation on products marketed under a traditional speciality guaranteed, including linguistic versions; laying down procedural requirements for the protection of traditional specialities guaranteed; laying down detailed rules on procedures, the form and presentation of applications for registration, including applications concerning more than one national territory, of applications for amendments of a product specification and of requests for cancellation of a registration; specifying the format and presentation of oppositions and providing for the exclusion or anonymisation of personal data; granting transitional periods for use of traditional specialities guaranteed; rejecting an application for registration; deciding on the registration of a traditional speciality guaranteed if an agreement has not been reached; cancelling the registration of a traditional speciality guaranteed; specifying the communication to be made by the third countries to the Commission as regards the competent authorities and the product certification bodies responsible for controls; laying down detailed rules on the nature and the type of information to be exchanged among Member States and the methods for exchanging that information for the purpose of controls and enforcement; and laying down detailed rules on the form and content of the attestation of compliance and listing, and on the circumstances under which, and the forms in which, they are to be made available by the operators or traders for control or in the course of business, including in the case of products originating in third countries;as regards optional quality terms: laying down technical details necessary for the notification of the optional quality terms; and laying down rules related to forms, procedures or other technical details necessary for the use of optional quality terms;as regards designations of origin and geographical indications in the wine sector under Regulation (EU) No 1308/2013: the form of the product specification, the definition of the format and the online presentation of the single document, and the exclusion or anonymisation of personal data; the communication to be made by the Member States to the Commission, the rules governing the authority responsible for verifying compliance with product specifications related to protected designations of origin and protected geographical indications, including where the geographical area is in a third country, and the checks for verification of compliance with the product specification to be carried out by the Member States, including testing;as regards traditional terms in the wine sector under Regulation (EU) No 1308/2013: the communication to be made by the Member States to the Commission, the rules governing the authority responsible for verifying compliance with the definition provided for the traditional terms and, where relevant, the conditions of use of traditional terms, the actions to be implemented by the Member States to prevent the unlawful use of protected traditional terms, and the checks for verification of compliance to be carried out by the Member States; the declaration of invalidity and removal from the register of protected traditional terms of any traditional terms registered in breach of this Regulation;as regards spirit drinks under Regulation (EU) 2019/787: the form of the product specification, the definition of the format and the online presentation of the single document and the exclusion or anonymisation of personal data;as regards the application of the Geneva Act in the Union under Regulation (EU) 2019/1753: the authorisation for a Member State which is party to the Lisbon Agreement willing to register its appellations of origin under the Geneva Act to provide for the necessary modifications and to notify the International Bureau of the World Intellectual Property Organization ("the International Bureau") thereof.Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the CouncilRegulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13)..(78)The Commission should be empowered to adopt implementing acts without applying Regulation (EU) No 182/2011 in respect of: registering a name if there is no admissible opposition or in the case of an admissible opposition, where the agreement has been reached for geographical indications and traditional specialities guaranteed and if necessary amending the information published, provided that those amendments are not substantial; establishing and maintaining a publicly accessible electronic register of geographical indications and electronic register of traditional specialities guaranteed; granting a transitional period for use of geographical indications following an opposition lodged in the national procedure; and specifying the means by which the name and address of competent authorities and delegated bodies are to be made public for traditional specialities guaranteed.(79)Regulations (EU) No 1308/2013, (EU) 2019/787 and (EU) 2019/1753 should therefore be amended accordingly, and Regulation (EU) No 1151/2012 should therefore be repealed.(80)The protected designations of origin, protected geographical indications and traditional specialities guaranteed already registered under Regulation (EU) No 1151/2012, the protected designations of origin and protected geographical indications already registered under Regulation (EU) No 1308/2013 and the geographical indications already registered under Regulation (EU) 2019/787 should continue to be protected under this Regulation, and they should be automatically included in the register concerned.(81)An appropriate mechanism should be provided for to ensure that the national protection of geographical indications that do not fall within the scope of Regulation (EU) No 1151/2012 but which fall within the scope of this Regulation ceases smoothly. At the same time, the registration of those geographical indications under this Regulation should be facilitated by exempting them from the national stage of the registration procedure. It is also necessary to ensure that, in the event that such geographical indications are registered under the Lisbon Agreement, they may be registered under the Geneva Act without losing their priority rights.(82)Provisions should be made for appropriate arrangements to facilitate a smooth transition from the rules laid down in Regulations (EU) No 1151/2012, (EU) No 1308/2013 and (EU) 2019/787 to the rules laid down in this Regulation.(83)It is appropriate to lay down provisions to ensure the smooth transition from the regime established by Regulation (EU) No 1151/2012 to the regime established by this Regulation, including as regards delegated and implementing acts. Those provisions are aimed at ensuring legal certainty so that the Member States’ authorities, the producers and the producer groups, and other persons or entities concerned, are able to ascertain unequivocally what their rights and obligations are and to take steps accordingly.(84)Since the objectives of this Regulation, namely the creation of a uniform protection of geographical indications, as well as the establishment of a system of protection for traditional specialities guaranteed and optional quality terms, cannot be sufficiently achieved by the Member States, but can rather, by reason of the scale and effects of this Regulation, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity, as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.(85)The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 and delivered an opinion on 18 July 2022,HAVE ADOPTED THIS REGULATION:
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