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

For the purposes of this Regulation, the following definitions apply:

For the purpose of Title II, the following definitions apply:

For the purpose of Title III, Chapter 2, ‘traditional’ means proven historical usage of the name by producers in a community for a period that allows transmission between generations; that period is to be at least 30 years and such usage may embrace modifications necessitated by changing hygiene, safety and other relevant practices.

The Member States and the Commission shall process and make public the personal data received in the course of the procedures for registration, approval of amendments, cancellation, opposition, granting of transitional period and control pursuant to this Regulation and Regulations (EU) No 1308/2013 and (EU) 2019/787, in accordance with Regulations (EU) 2018/1725 and (EU) 2016/679.

The Commission shall be a controller within the meaning of Regulation (EU) 2018/1725 in relation to the processing of personal data in the procedure it is competent for in accordance with Regulations (EU) 2019/787 and (EU) No 1308/2013 and this Regulation.

The competent authorities of the Member States shall be controllers within the meaning of Regulation (EU) 2016/679 in relation to the processing of personal data in the procedures they are competent for in accordance with Regulations (EU) 2019/787 and (EU) No 1308/2013 and this Regulation.

The European Union Intellectual Property Office (EUIPO) shall be a ‘processor’ within the meaning of Regulation (EU) 2018/1725 in relation to the processing of personal data linked to the Union register of geographical indications.

This Title covers:

The registration and the protection of geographical indications are without prejudice to the obligation of producers to comply with other Union rules, in particular those relating to the placing of products on the market, sanitary and phytosanitary rules, the common organisation of the markets, the competition rules and the provision of food information to consumers.

Directive (EU) 2015/1535 of the European Parliament and of the Council ([^E0007]) shall not apply to the system of geographical indications laid down in this Regulation.

Products designated by geographical indications shall be classified in accordance with the Combined Nomenclature at two, four, six or, where a Member State so decides, eight-digit level. Where a geographical indication covers products of more than one category, each entry shall be specified. Product classification shall only be used for registration, statistical and record keeping purposes, in particular for customs authorities. That classification shall not be used to determine comparable products for the purposes of protection against direct and indirect commercial use as referred to in Article 26(1), point (a).

The Commission may, by means of implementing acts, lay down the technical presentation of, and online access to, the classification referred to in paragraph 1 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 88(2).

A producer group, or a recognised producer group where such a group exists, may agree on sustainable practices to be adhered to in the production of the product designated by a geographical indication or in carrying out other activities subject to one or more obligations provided for in the product specification. Such practices shall aim to apply sustainability standards higher than those laid down by Union or national law in terms of environmental, social or economic sustainability or animal welfare.

For the purpose of paragraph 1, ‘sustainable practice’ means a practice which contributes to one or more social, environmental or economic objectives, such as:

Where the producer group, or the recognised producer group where such a group exists, decides that the sustainable practices referred to in paragraph 1 are mandatory for all producers of the product concerned, those practices shall be included in the product specification in accordance with the registration or amendment procedure.

A producer group, or a recognised producer group where such a group exists, may prepare and regularly update a sustainability report based on verifiable information, comprising a description of existing sustainable practices implemented in the production of the product, a description of how the method of obtaining the product impacts on sustainability, in terms of environmental, social, economic or animal welfare commitments, and information necessary to understand how sustainability affects the development, performance and position of the product.

The Commission shall make the sustainability report public.

Applications for the registration of geographical indications may only be submitted by an applicant producer group. An applicant producer group shall be an association, irrespective of its legal form, composed of producers of the same product the name of which is proposed for registration. Public bodies and other interested parties may assist in the preparation of the application and in the related procedure.

For the purposes of this Title, an authority designated by a Member State may be deemed to be an applicant producer group with respect to geographical indications of a spirit drink, if it is not feasible for the producers concerned to form a group by reason of their number, geographical location or organisational characteristics. In such a case, the application referred to in Article 10(2) shall state those reasons.

For the purposes of this Title, a single producer may be deemed to be an applicant producer group, where it is shown that all of the following conditions are fulfilled:

In the case of a geographical indication that designates a cross-border geographical area, several applicant producer groups from different Member States or third countries may lodge a joint application for the registration of a geographical indication. Such a joint application shall be addressed to all of the Member States concerned.

An application for the registration of a geographical indication concerning a product originating in the Union shall be addressed to the competent authorities of the Member State in which the product originates.

The application referred to in paragraph 1 shall comprise:

The Member State shall examine the application for registration in order to check that it meets the conditions for registration laid down in the respective provisions for wine, spirit drinks or agricultural products, as appropriate.

As part of the examination referred to in paragraph 3 of this Article, the Member State concerned shall conduct a national opposition procedure. The national opposition procedure shall ensure publication of the application for registration with the exception of the documents referred to in Article 12(1), points (b) and (c), and shall provide for a period of at least one month from the date of publication within which any natural or legal person having a legitimate interest and established or resident in the Member State in which the product concerned originates may lodge an opposition to the application for registration with that Member State.

The Member State concerned shall establish the modalities of the opposition procedure. Those modalities may include criteria for the admissibility of an opposition, a period of consultation between the applicant producer group and each opponent, and submission of a report from the applicant producer group on the outcome of the consultations including any changes the applicant producer group has made to the application for registration.

If, after the examination of the application for registration and the assessment of the results of any opposition received and any changes to the application agreed with the applicant producer group, the Member State concerned considers that the requirements of this Regulation are met, it may take a favourable decision and submit an application for registration at Union stage as referred to in Article 13.

The Member State concerned shall ensure that any natural or legal person having a legitimate interest has an opportunity to lodge an appeal. The Member State concerned shall also ensure that a favourable decision and the corresponding product specification are published, and shall provide electronic access to the product specification.

In the case of a joint application as referred to in Article 9(4), the application shall be addressed to all Member States concerned and the related national procedures, including the opposition stage, shall be carried out in all of those Member States.

A Member State may, on a temporary basis, grant transitional protection to a name at national level, with effect from the date on which an application for registration at Union stage is lodged with the Commission.

Such national protection shall cease on the date on which either the implementing act deciding on the application for registration, adopted in accordance with Article 21, enters into force or the application for registration is withdrawn.

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

The measures taken by Member States in accordance with this Article shall produce effects at national level only, and they shall have no effect on the internal market or in international trade.

The documentation accompanying the application for registration shall comprise:

The Commission shall, by means of implementing acts, lay down the format and online presentation of the accompanying documentation provided for in paragraph 1, points (a), (b) and (c), of this Article in the application for registration at Union stage as provided in Article 13, and provide for the exclusion or anonymisation of personal data. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 88(2).

For geographical indications concerning products originating in the Union, the application for registration shall comprise:

For geographical indications concerning products originating outside the Union, the application for registration at Union stage shall comprise:

The joint application for registration referred to in Article 9(4) shall include, in addition to the single document, as relevant, the documents listed in paragraph 1, points (b) to (e), or 2, points (c) (d) and (e), of this Article from all Member States or third countries concerned.

The documents referred to in this Article shall be drafted in one of the official languages of the Union.

The Commission shall, by means of implementing acts, lay down detailed rules on procedures, the form and presentation of applications for registration at Union stage, including applications concerning more than one national territory. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 88(2).

An application for registration of a geographical indication at Union stage shall be submitted to the Commission electronically, through a digital system.

Where the application for registration relates to a geographical area outside the Union, the application shall be submitted to the Commission, either directly by an applicant, namely a producer group or a single producer, or via the authorities of the third country concerned.

A joint application for registration referred to in Article 9(4) shall be submitted by either:

The names for which applications for registration at Union stage have been submitted shall be made public by the Commission through the digital system referred to in paragraph 1.

The Commission shall examine applications for registration submitted in accordance with Article 14(1), (2) and (3). It shall check that the applications contain the required information and that they do not contain manifest errors, taking into account the outcome of the national examination and opposition procedure carried out by the Member State concerned.

The examination shall not exceed a period of six months from the day of the reception of the application. The Commission may request from the applicant any necessary additional information or modification of the application. Where the Commission addresses such requests to the applicant, the examination period shall not exceed a period of five months from the day on which the Commission receives the applicant’s reply.

In the event that the Commission does not conclude the examination referred to in paragraph 2 within the prescribed deadlines, it shall inform the applicant of the reasons for the delay in writing, indicating the estimated time necessary to conclude the examination, which shall not exceed one month.

Where the Commission considers that the conditions laid down in Articles 9, 10, 12, 13, 28, 29, 30, 31, 46 and 47, Article 48(1) and (2) and Article 50 of this Regulation, in Articles 93 and 95 and Article 100(4) of Regulation (EU) No 1308/2013, and in Article 3(4), Article 23 and Article 34(4) of Regulation (EU) 2019/787, as appropriate, are fulfilled, it shall publish in the Official Journal of the European Union the single document and the reference to the publication of the product specification.

Member States shall inform the Commission of any national administrative or judicial proceedings that may prejudice the registration of a geographical indication.

The Commission shall be exempted from the obligation to meet the deadlines to perform the examination referred to in Article 15(2) and to inform the Member State of the reasons for the delay where it receives a communication from that Member State, concerning an application for registration in accordance with Article 10(6), which:

The exemption provided for in paragraph 2 shall have effect until the Commission is informed by the Member State concerned that the original application has been restored or that the Member State withdraws its request for suspension.

If the favourable decision of a Member State referred to in Article 10(6) has been invalidated in full or in part by a final decision taken by a national court, that Member State shall consider appropriate action such as withdrawal or modification of the application for registration at Union stage, as necessary.

Within three months from the date of publication in the Official Journal of the European Union of the single document and the reference to the publication of the product specification in accordance with Article 15(4), the authorities of a Member State or of a third country, or a natural or legal person having a legitimate interest and established or resident in a third country may lodge an opposition with the Commission.

Any natural or legal person having a legitimate interest and established or resident in a Member State other than the one from which the application for registration at Union stage was submitted may lodge an opposition with the Member State, in which it is established or resident, within a time limit permitting that Member State to examine that opposition and to decide whether to lodge it with the Commission in accordance with paragraph 1. Member States may specify that time limit in their national law.

An opposition shall state that it opposes the registration of a geographical indication. An opposition that does not contain that statement shall be void.

The Commission shall examine the admissibility of the opposition. If the Commission considers that the opposition is admissible, it shall, within five months from the date of publication referred to in Article 15(4), invite the opponent and the applicant to engage in appropriate consultations for a reasonable period that shall not exceed three months. The Commission shall transmit to the applicant the opposition and all the documents provided by the opponent. At any time during that period, the Commission may, at the request of the applicant, extend the deadline for the consultations once by a maximum of three months.

The opponent and the applicant shall start appropriate consultations without undue delay. They shall provide each other with the relevant information to assess whether the application for registration complies with this Regulation, Regulation (EU) No 1308/2013 or Regulation (EU) 2019/787, as appropriate.

Within one month from the end of the consultations referred to in paragraph 4, the applicant shall notify the Commission of the result of the consultations, including all the information exchanged, whether agreement was reached with one or all of the opponents, and of any consequent changes to the application for registration. The opponent may also notify the Commission of its position at the end of the consultations.

Where, following the end of the consultations referred to in paragraph 4 of this Article, the data published in accordance with Article 15(4) have been modified, the Commission shall repeat its examination of the application for registration as modified. Where the application for registration has been modified in a substantial manner, and the Commission considers that the modified application meets the conditions for registration, it shall publish again the single document and the reference to the publication of the product specification in accordance with Article 15(4).

The documents referred to in this Article shall be drafted in one of the official languages of the Union.

The Commission shall finalise its assessment of the application for registration at Union stage, taking into account any request for transitional periods, the outcome of the opposition procedure and any other matters arising subsequently with regard to its examination that may imply a change of the single document.

The Commission is empowered to adopt delegated acts in accordance with Article 87 supplementing this Regulation by laying down detailed procedures and deadlines for the opposition procedure.

The Commission shall, by means of implementing acts, lay down the format and presentation of oppositions and provide for the exclusion or anonymisation of personal data. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 88(2).

Within three months from the date of publication of the single document and the reference to the publication of the product specification in accordance with Article 15(4), the authorities of a Member State or of a third country, or a natural or legal person established or resident in a third country may submit to the Commission a notice of comments.

A notice of comments shall point out any error or contain additional information in relation to the application for registration, including possible infringement of Union law. A notice of comments shall not confer any rights on the authorities or persons referred to in paragraph 1 nor trigger an opposition procedure.

Where, following the submission of a notice of comments the data published in accordance with Article 15(4) have been modified in a substantial manner, the Commission shall publish again the single document and the reference to the publication of the product specification in accordance with that paragraph.

The Commission may, by means of implementing acts, lay down the format and presentation of notices of comments. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 88(2).

An opposition lodged in accordance with Article 17 shall be admissible only if the opponent shows that:

The admissibility of an opposition shall be assessed by the Commission in relation to the territory of the Union.

For products originating in a Member State or a third country the designation of which consists of or contains a name that contravenes Article 26(1), the Commission may, by means of implementing acts, grant a transitional period of up to five years to enable the continued use of that designation, under which they were marketed, provided that an admissible opposition, under Article 10(4) or Article 17, to the application for registration of the geographical indication whose protection is contravened shows that:

The implementing acts referred to in paragraph 1 of this Article shall be adopted in accordance with the examination procedure referred to in Article 88(2) except those where an admissible opposition is lodged in accordance with Article 10(4), which shall be adopted without applying that examination procedure.

The Commission may, by means of implementing acts, extend the transitional period granted under paragraph 1 up to a total period of 15 years or grant directly a transitional period of up to 15 years provided that it is also shown that:

The implementing acts referred to in paragraph 3 of this Article shall be adopted in accordance with the examination procedure referred to in Article 88(2) except those where an admissible opposition is lodged under Article 10(4), which shall be adopted without applying that examination procedure.

When using a designation referred to in paragraphs 1 and 3, the indication of the country of origin shall clearly and visibly appear on the labelling and, where applicable, on the product description when it is marketed online.

Regarding applications for the registration of geographical indications and Union amendments, in order to overcome temporary difficulties with the long-term objective of ensuring that all operators of a product designated under a geographical indication in the area concerned comply with the related product specification, a Member State may grant a transitional period for compliance, of up to 10 years, with effect from the date on which the application is lodged with the Commission, provided that the operators concerned have legally marketed that product using the name concerned continuously for at least five years preceding the lodging of the application to the authorities of that Member State and have referred to that fact in the national opposition procedure referred to in Article 10(4).

Where the time between the application for registration at Union stage and the registration of the name concerned exceeds five years, the Member State may extend the transitional period by up to five years. The decision to extend the transitional period shall be communicated without delay to the Commission, which shall publish it in the Official Journal of the European Union.

Paragraph 6 shall apply mutatis mutandis to a geographical indication referring to a geographical area situated in a third country, with the exception of the opposition procedure.

Where, on the basis of the information available to the Commission from the examination carried out in accordance with Article 15, the Commission considers that any of the conditions referred to in that Article is not fulfilled, it shall, by means of implementing acts, reject the application for registration. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 88(2).

In the absence of an admissible opposition, the Commission shall, by means of implementing acts and without applying the procedure referred to in Article 88(2), register the geographical indication. The Commission may take into account the notices of comments received in accordance with Article 18.

Where the Commission receives an admissible opposition, it shall, following the procedure referred to in Article 17 and taking into account the results thereof:

The implementing acts registering a geographical indication shall provide for any conditions applicable to the registration and for the republication for information of the single document published in accordance with Article 15(4) and modified following the opposition procedure in the case of modifications other than those referred to in Article 17(7) and Article 18(3).

Commission implementing regulations on registration and Commission implementing decisions on rejection shall be published in the Official Journal of the European Union, L series.

The Commission shall, by means of implementing acts and without applying the procedure referred to in Article 88(2), establish and maintain a publicly accessible Union register of geographical indications. That register shall have three parts corresponding to geographical indications of wine, of spirit drinks and of agricultural products respectively. Files entered in that register after 13 May 2024 shall be in a machine-readable format as defined in Article 2, point (13), of Directive (EU) 2019/1024 of the European Parliament and of the Council ([^E0008]).

The EUIPO shall maintain and keep up-to-date the Union register with respect to registrations, amendments and cancellations of geographical indications.

Each geographical indication of wine and of agricultural products shall be identified in the Union register of geographical indications as a ‘protected designation of origin’ or a ‘protected geographical indication’, as the case may be, and each geographical indication of spirit drinks shall be identified as a ‘geographical indication’.

Geographical indications concerning products from third countries that are protected in the Union under an international agreement to which the Union is a contracting party may be entered in the Union register of geographical indications. In such cases, the Commission shall, by means of implementing acts, register such geographical indications. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 88(2).

Each geographical indication shall be entered in the Union register of geographical indications in its original script. Where the original script is not in Latin characters, the geographical indication shall be transcribed or transliterated in Latin characters and both versions of the geographical indication shall be entered in the Union register of geographical indications and shall have equal status.

The Commission shall make public and regularly update the list of the international agreements referred to in paragraph 4 as well as the list of geographical indications protected under those agreements.

The Commission shall retain, in digital or paper form, documentation related to the registration of a geographical indication. In the event of cancellation of the registration, the Commission shall retain the documentation for 10 years thereafter.

The Commission shall, by means of implementing acts, specify the content and presentation of the Union register of geographical indications. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 88(2).

Any person shall be able to download, easily and free of charge, an official extract from the Union register of geographical indications that provides proof of registration of the geographical indication, and other relevant data, including the date of application for the registration of the geographical indication or other priority date. The official extract of registration entered in that register after 13 May 2024 shall be in a machine-readable format, as defined in Article 2, point (13), of Directive (EU) 2019/1024. That official extract may be used as an authentic certificate in legal, judicial, administrative or similar proceedings.

Where a producer group has been recognised by the national authorities in accordance with Article 33, that group shall be identified as the representative of the producers of a product designated by a geographical indication in the Union register of geographical indications and in the official extract referred to in paragraph 1 of this Article.

The Commission may, by means of implementing acts, specify the format and online presentation of extracts from the Union register of geographical indications and provide for the exclusion or anonymisation of personal data. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 88(2).

A producer group of a product the name of which is a registered geographical indication may apply for the approval of an amendment to the product specification. Where a recognised producer group exists, that group shall be the only one entitled to apply.

Amendments to a product specification shall be classified into two categories:

An amendment shall be considered as a Union amendment if it entails a change of the single document or its equivalent and:

Any other amendment to a product specification of a registered geographical indication, that is not a Union amendment in accordance with paragraph 3, shall be considered as a standard amendment.

A standard amendment shall be considered as a temporary amendment when it concerns a temporary change in the product specification resulting from the imposition of obligatory sanitary and phytosanitary measures by the public authorities or a temporary amendment necessary because of a natural disaster or adverse weather conditions, or significant market disturbances due to exceptional circumstances, including geopolitical events, affecting the supply of raw materials, provided that the natural disaster, adverse weather conditions or significant market disturbances are formally recognised by the competent authorities.

Union amendments shall be approved by the Commission. The approval procedure shall follow, mutatis mutandis, the procedure laid down in Articles 9 and 10 and Articles 12 to 21.

Applications for Union amendments originating from outside the Union shall contain proof that the requested amendment complies with laws on the protection of geographical indications in force in that third country.

If an application for a Union amendment to the product specification of a registered geographical indication also includes standard amendments or temporary amendments, the Commission shall examine the Union amendment only. Any standard amendments or temporary amendments shall be deemed as not having been submitted. The examination of such applications shall focus on the proposed Union amendments. Where appropriate, the Commission or the Member State concerned may invite the applicant to modify other elements of the product specification.

Standard amendments shall be assessed and approved by Member States or third countries in whose territory the geographical area of the product concerned is located and communicated to the Commission. The Commission shall make those amendments public.

The Commission is empowered to adopt delegated acts in accordance with Article 87 supplementing this Regulation by laying down 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, including their publication.

The Commission shall, by means of implementing acts, lay down detailed rules on procedures, the form and presentation of an application for a Union amendment and on procedures, the form and communication of standard amendments to the Commission. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 88(2).

The Commission may, on its own initiative or on a duly substantiated request by a Member State, a third country or any natural or legal person having a legitimate interest and established or resident in a third country, by means of implementing acts, cancel the registration of a geographical indication in the following cases:

The Commission may also adopt implementing acts cancelling the registration at the request of the producers of the product marketed under the registered name. Where a recognised producer group exists, that producer group shall be the only one entitled to lodge such a request.

The registration of the name as an intellectual property right other than a geographical indication, in particular as a trade mark, shall be prohibited for one year after the cancellation of the registration of a geographical indication, unless such intellectual property right had existed, or such a trade mark had been registered, before the registration of the geographical indication.

Articles 10, 13 to 17 and 21 shall apply mutatis mutandis to the cancellation procedure.

Before adopting the implementing acts referred to in paragraphs 1 and 2, the Commission shall consult the authorities of the Member State, the authorities of the third country or, where possible, the third country producer which had originally applied for the registration of the geographical indication concerned, unless the cancellation is directly requested by those original applicants. The consultation period shall be at least one month.

The Commission shall, by means of implementing acts, lay down detailed rules on procedures, the form and presentation of the requests for the cancellation of a registration.

The implementing acts referred to in paragraphs 1, 2 and 6 of this Article shall be adopted in accordance with the examination procedure referred to in Article 88(2).

Geographical indications entered in the Union register of geographical indications shall be protected against:

Paragraph 1 shall apply to all domain names accessible in the Union.

National rules on names used for agricultural products, wines and spirit drinks shall not give rise to confusion with registered geographical indications.

The protection referred to in paragraph 1 shall also apply to:

The entities listed in Article 3(1), point (d), of Regulation (EU) No 608/2013 of the European Parliament and of the Council ([^E0009]) shall be entitled to submit an application to the customs authorities to prevent all third parties from bringing goods, in the course of trade, into the Union without being released for free circulation there, where such goods, including packaging, come from third countries and are in breach of paragraph 1 of this Article.

Geographical indications registered under this Regulation shall not become generic in the Union.

Where a geographical indication is a compound name which contains a term which is considered to be generic, the use of that term shall not constitute, as a general rule, conduct referred to in paragraph 1, points (a) and (b).

Without prejudice to Article 26 and Article 37(7) of this Regulation and to Articles 7 and 17 of Regulation (EU) No 1169/2011, the geographical indication designating a product used as an ingredient in a processed product may be used in the name of that processed product, or in its labelling, or in its advertising material where:

In addition, producers of a prepacked food, as defined in Article 2(2), point (e), of Regulation (EU) No 1169/2011, containing as an ingredient a product designated by a geographical indication, who want to use that geographical indication in the name of that prepacked food, including in advertising material, shall give a prior written notification to the recognised producer group where such a group exists for that geographical indication. Those producers shall include in that notification the information that demonstrates that the conditions listed in paragraph 1 of this Article are complied with and shall act accordingly. The recognised producer group shall acknowledge receipt of that notification in writing within four months. The producer of prepacked food may start using the geographical indication in the name of the prepacked food following the receipt of that acknowledgment or after the expiry of that time period, whichever occurs first. The recognised producer group may attach to that acknowledgement non-binding information on the use of the geographical indication concerned.

Without prejudice to paragraph 1, the recognised producer group and the producer of prepacked food may conclude a contractual agreement about the specific technical and visual aspects of how the geographical indication of the ingredient is presented in the name of the prepacked food in labelling, elsewhere than in the list of ingredients, or in advertising material.

This Article shall not apply to spirit drinks.

The Commission is empowered to adopt delegated acts in accordance with Article 87 supplementing this Regulation by laying down additional rules on the use of comparable products as ingredients and the criteria of conferring essential characteristics on the processed products referred to in paragraph 1 of this Article.

Generic terms shall not be registered as geographical indications.

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

A geographical indication that has been applied for after a wholly or partially homonymous geographical indication had been applied for or protected in the Union, shall not be registered unless there is sufficient distinction in practice between the conditions of local and long-established usage and the presentation of the two wholly or partially homonymous indications, taking into account the need to ensure equitable treatment of the producers concerned and that consumers are not misled as to the true identity or geographical origin of the products.

A wholly or partially homonymous geographical indication which misleads the consumer into believing that products come from another territory shall not be registered even if the name for the actual territory, region or place of origin of the products concerned is accurate.

For the purposes of this Article, a wholly or partially homonymous geographical indication applied for or protected in the Union refers to:

The Commission shall, by means of an implementing act, remove any geographical indication registered in breach of paragraph 1 or 2 from the Union register. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 88(2).

An application for the registration of a trade mark the use of which would contravene Article 26 shall be rejected if the application for registration of the trade mark is submitted after the date of submission to the Commission of the application for the registration of the geographical indication.

Union trade marks registered in breach of paragraph 1 shall be declared invalid by the EUIPO and national trade marks registered in breach of paragraph 1 shall be declared invalid by the competent national authorities.

A trade mark the use of which contravenes Article 26, but which has been applied for, registered, or established through use in good faith within the territory of the Union, where that possibility is provided for in the relevant legislation, before the date of submission of the application for registration of the geographical indication to the Commission, may continue to be used and renewed notwithstanding the registration of a geographical indication, provided that no grounds for invalidity or revocation of the trade mark exist under Directive (EU) 2015/2436 or Regulation (EU) 2017/1001. In such cases, the use of the geographical indication, once registered, and that of the relevant trade mark shall be permitted.

For the purposes of paragraphs 1 and 3, where geographical indications were registered in the Union without the submission of an application for registration at Union stage, the date of submission to the Commission of the application for registration of the geographical indication shall be the date of the first day of protection.

Without prejudice to Regulation (EU) No 1169/2011, the guarantee or certification marks referred to in Article 28(4) of Directive (EU) 2015/2436 and collective marks referred to in Article 29(3) of that Directive, as well as collective marks as referred to in Chapter VIII of Regulation (EU) 2017/1001 may be used on labels together with the geographical indication.

A producer group shall be an association of producers of the same product or products, irrespective of its legal form. It shall meet the following criteria:

Member States may decide that operators and representatives of economic activities linked to one of the stages of the supply chain of products designated by a geographical indication and stakeholders referred to in Article 157 of Regulation (EU) No 1308/2013 may be members of a producer group, if they have a specific interest in the products covered by the producer group. Those members shall not control the producer group.

Member States may provide for additional rules, in particular as regards the organisation, statutes, functioning and the nature of membership of, and financial contributions to, producer groups.

A producer group may exercise in particular the following tasks:

Member States may, within their territory, assist producers in the creation and functioning of producer groups.

If no producer group exists for a product designated by a geographical indication, Member States may exercise the tasks referred to in paragraph 4, points (b), (e) and (f). Member States shall interact with producers and shall assist them with a view to establishing a producer group.

Member States may set up a public register of producer groups for products designated by geographical indications originating in their territory, including authorities referred to in Article 9(2) and producers referred to in Article 9(3). That register shall contain, at least, the name, the legal form and the address of each producer group and all geographical indications covered by the producer group concerned.

In addition to Article 32, Member States may apply a system of recognition of producer groups. The recognition system may be applied to all producer groups whose members produce a product which is designated by a geographical indication or to producer groups producing specified categories of products designated by geographical indications. A producer group may only be recognised upon request. Within the framework of the recognition system, the authorities referred to in Article 9(2) and producers referred to in Article 9(3) shall be deemed to be recognised producer groups.

Member States that apply the system referred to in paragraph 1 shall provide for the following criteria for a producer group to be recognised:

Where a producer group is recognised under the system referred to in paragraph 1 of this Article, the recognised producer group shall be the only one entitled to:

Member States may also provide that the recognised producer group is the only producer group entitled to exercise the tasks:

A producer group established in a Member State not applying a system referred to in paragraph 1 of this Article shall be able to exercise the tasks referred to in Article 32(4), points (b), (c), (e), and (f) in a Member State applying such a system.

Where a geographical indication designates a cross-border geographical area, the authorities of the Member States concerned or, where relevant, of the United Kingdom in respect of Northern Ireland, shall cooperate in designating a single recognised producer group. Where the Member States concerned or, where relevant, the United Kingdom in respect of Northern Ireland, fail to reach an agreement, or where one of the Member States concerned does not apply the system referred to in paragraph 1, no producer group shall be recognised for that geographical indication.