Title III, Chapter 2, Article 53 · Regulation (EU) 2024/1143

Contents

Article 53Eligibility criteria#

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

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

(b)is produced from raw materials or ingredients 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 product; or

(b)identify the traditional character of the product.

3.Where, in the opposition procedure under Article 61, it is demonstrated 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 adopted in accordance with Article 64(3), point (b) 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 shall not be registered if it refers only to claims of a general nature used for a set of products, or to claims provided for in particular Union legislation.

5.The Commission is empowered to adopt delegated acts in accordance with Article 87 supplementing this Regulation by laying down additional rules clarifying the eligibility criteria laid down in this Article.