Decision 2007/71 - Scientific group of experts for designations of origin, geographical indications and traditional specialities guaranteed - Main contents
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official title
Commission Decision of 20 December 2006 setting up a scientific group of experts for designations of origin, geographical indications and traditional specialities guaranteed| Legal instrument | Decision |
|---|---|
| Number legal act | Decision 2007/71 |
| CELEX number i | 32007D0071 |
| Document | 20-12-2006 |
|---|---|
| Publication in Official Journal | 06-02-2007; OJ L 348M , 24.12.2008,Special edition in Romanian: Chapter 03 Volume 081,Special edition in Croatian: Chapter 03 Volume 041,OJ L 32, 6.2.2007,Special edition in Bulgarian: Chapter 03 Volume 081 |
| Effect | 06-02-2007; Takes effect Date of document See Art 7 |
| End of validity | 31-12-9999 |
6.2.2007 |
EN |
Official Journal of the European Union |
L 32/177 |
COMMISSION DECISION
of 20 December 2006
setting up a scientific group of experts for designations of origin, geographical indications and traditional specialities guaranteed
(2007/71/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Whereas:
(1) |
Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1) lays down the conditions to be met in order for a name to be registered as a protected geographical indication (PGI) or a protected designation of origin (PDO). |
(2) |
Council Regulation (EC) No 509/2006 of 20 March 2006 on agricultural products and foodstuffs as traditional specialities guaranteed (2) lays down the conditions to be met in order for a name to be registered and protected at Community level as a traditional speciality guaranteed (TSG). |
(3) |
In order to resolve certain complex scientific and technical problems which may arise in examining the conditions allowing the registration of a particular protected designation of origin, protected geographical indication or traditional speciality guaranteed, the Commission may need to call upon the expertise of specialists in an advisory group. |
(4) |
The group should be made up of highly qualified experts from a wide range of scientific and technical disciplines related to agriculture and the agri-food industry, human sciences and intellectual property rights. |
(5) |
The scientific group of experts for designations of origin, geographical indications and traditional specialities guaranteed should therefore be set up and its terms of reference and structures detailed. |
(6) |
The scientific committee for designations of origin, geographical indications and certificates of specific character set up by Decision 93/53/EEC of 21 December 1992 (3) should be disbanded, |
HAS DECIDED AS FOLLOWS:
Article 1
A scientific group of experts, hereinafter referred to as ‘the group’, is hereby set up for designations of origin, geographical indications and traditional specialities guaranteed.
Article 2
Terms of reference
The Commission may consult the group on any matter relating to the protection of geographical indications, designations of origin and traditional specialities guaranteed relating to agricultural products and foodstuffs, and in particular:
— |
compliance with the criteria laid down in Article 2 of Regulation (EC) No 510/2006 by a particular name for which an application for registration has been submitted, and in particular the link between the product and the geographical environment and/or its reputation, |
— |
compliance with the criteria laid down in Articles 2, 4 and 5 of Regulation (EC) No 509/2006 by a particular name for which an application for registration has been submitted, and in particular its traditional and/or specific nature, |
— |
the generic nature of a name, |
— |
the assessment of criteria regarding fair competition in commercial transactions and the risk of confusing consumers in cases of conflict between the designation of origin or geographical indication and designations of origin or geographical indications which are already registered, trademarks, names of plant varieties and animal breeds, homonyms, or names of existing products which are legally marketed, |
— |
any other matter of particular interest having regard to the group's field of expertise. |
The Chairman of the group may indicate to the Commission that it would be appropriate to consult the group on a specific question.
The Commission may, where appropriate...
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