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Home Food & Health Safety PDO/PGI Quality Schemes Regulation

Article 18

Criteria

1.   A name shall be eligible for registration as a traditional speciality guaranteed where it describes a specific product or foodstuff that:

(a)

results from a mode of production, processing or composition corresponding to traditional practice for that product or foodstuff; or

(b)

is produced from raw materials or ingredients that are those traditionally used.

2.   For a name to be registered as a traditional speciality guaranteed, it shall:

(a)

have been traditionally used to refer to the specific product; or

(b)

identify the traditional character or specific character of the product.

3.   If it is demonstrated in the opposition procedure under Article 51 that the name is also used in another Member State or in a third country, in order to distinguish comparable products or products that share an identical or similar name, the decision on registration taken in accordance with Article 52(3) may provide that the name of the traditional speciality guaranteed is to be accompanied by the claim 'made following the tradition of' immediately followed by the name of a country or a region thereof.

4.   A name may not be registered if it refers only to claims of a general nature used for a set of products, or to claims provided for by particular Union legislation.

5.   In order to ensure the smooth functioning of the scheme, the Commission shall be empowered to adopt delegated acts, in accordance with Article 56, concerning further details of the eligibility criteria laid down in this Article.

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