The Geographical Indications and Designations Regulations,

L.N. 182 of 2004

PRODUCT SAFETY ACT, 2001

(ACT NO. V OF 2001)

The Geographical Indications and Designations Regulations,

IN exercise of the powers conferred by article 39 of the Product

Safety Act, 2001, the Minister for Competitiveness and

Communications has, on the advice of the Malta Standards Authority,

made the following regulations>

The title of these regulations is the Geographical Indications Citation and

coming into force.

and Designations Regulations, 2004.

These regulations shall come into force on the 1st May

2. 2004.

Dawn ir-regolamenti g[andhom jid[lu fis-se[[ fl-1 ta’

Mejju 2004.

In these regulations, unless the context otherwise requires, Definitions.

the following definitions shall apply>

“the Authority” shall mean the Malta Standards Authority<

“designation of origin” shall have the meaning assigned

to it in Article 2(1) of EEC Regulation 2081#92<

“EEC Regulation 2081#92” shall mean Council Regulation

(EEC) No 2081#92 on the protection of geographical indications

and designations of origin for agricultural products and

foodstuffs 1 <

“geographical indication” shall have the meaning assigned

to it in Article 2(1) of EEC Regulation 2081#92<

“label” shall have the meaning assigned to it by the

Labelling, Presentation and Advertising of Foodstuffs

Regulations, 2002<

“Malta” shall have the meaning assigned to it by the

Constitution, except where otherwise stated.

OJ L 208, 24.7.1992, p.1

1 The Malta Standards Authority is hereby designated as

the competent authority for the purposes of EEC Regulation 2081#92.

4.2 The Head of the Directorate responsible for foodstuffs

within the Malta Standards Authority shall appoint a Standing

Committee, composed of representatives of public and private

organizations with an interest in geographical indications and

designations, to assist and advise the Authority on all matters related

to the implementation of EEC Regulation 2081#92.

4.3 The Standing Committee referred to in regulation 4.2 shall

be appointed for a period of three years.

4.4 The names of the members of the Standing Committee,

as well as of the organizations represented, shall be published by

the Authority in the Gazette.

4.5 The Standing Committee referred to in regulation 4.2 shall

regulate its own procedures.

1 Without prejudice to regulations 5.2 to 5.4, the word

‘Malta’ shall appear in the designation of origin or geographical

indication in respect of agricultural products or foodstuffs produced

in the whole of Malta.

5.2 The word ëMaltaí may also appear in the designation of

origin or geographical indication in respect of agricultural products

or foodstuffs produced exclusively in the island known as Malta, or

in respect of which the island known as Malta enjoys a proven,

traditional and exceptional reputation and renown, provided that any

such particular usage of the word ‘Malta’ shall be clearly stated in

the application for registration pursuant to Article 5 of EEC

Regulation 2081#92 and in the product specification, submitted in

accordance with Article 4 of EEC Regulation 2081#92.

5.3 The words ‘Gozo’ or ‘G[awdex’ may appear in the

designation of origin or geographical indication in respect of

agricultural products or foodstuffs produced exclusively in the island

known as Gozo, including Comino, or in respect of which the island

known as Gozo, including Comino, enjoys a proven, traditional and

exceptional reputation and renown.

5.4 The name of any local council, established in accordance

with the provisions of the Local Councils Act, may appear in the

designation of origin or geographical indication in respect of

agricultural products or foodstuffs produced exclusively within the

confines of that local council, or in respect of which that locality

enjoys a proven, traditional and exceptional reputation and renown.

Designations of origin and geographical indications in Languages to be

used in

respect of agricultural products or foodstuffs produced in Malta or a designations of

part thereof shall be given either only in Maltese or in both of the origin

geographical

official languages of Malta.

indications.

1 Following receipt of an application for registration in Publication of

accordance with EEC Regulation 2081#92, the Authority shall check Registration

Applications.

that the application is justified and shall forward the application to

the European Commission in accordance with Article 5(5) of EEC

Regulation 2081#92.

7.2 Prior to forwarding the application to the European

Commission, the Authority shall publish in the Gazette, a summary

of each application forwarded to the European Commission in

accordance with Article 5(5) of EEC Regulation 2081#92. The

summary shall include>

(a)

the name and address of the applicant<

(b)

the name of the product for which protection is

sought<

(c)

the main points of the application.

7.3 A period of two months from the date of publication in

the Gazette shall be allowed for comments or objections prior to

transmission of the application to the European Commission.

7.4 Any natural or legal person residing in Malta who can

demonstrate a legitimate economic interest may submit a formal

objection, in writing, to the Authority in respect of any application

during the two month period referred to in regulation 7.3.

7.5 In the event of a formal objection pursuant to regulation

7.4, the Authority may, after having consulted the Standing

Committee>

(a) accept the original application and reject the

objection,

(b) uphold the objection and reject the application in its

totality,

(c) request specific amendments to the specification or

to the supporting documentation originally provided.

7.6 In the event of a revised application being submitted

pursuant to regulation 7.5 (c), the two month period referred to in

regulation 7.3 shall be extended by a further one month following

submission of the revised application. Receipt of the revised

application shall be notified by the Authority in the Gazette.

7.7 Objections to revised applications shall only be considered

if they refer to points or supporting documents not contained in the

original application.

1 The Authority shall, by not later than 1st November 2004,

establish an inspection structure in order to ensure that agricultural

products and foodstuffs bearing a protected name meet the

requirements laid down in the specifications.

8.2 All products produced in Malta, falling within the scope

of EEC Regulation 2081#92 and granted protection in terms of that

Regulation, shall be subject to inspection by the Authority.

8.3 Officials duly authorized by the Authority shall be

permitted free and unhindered access to all production sites, including

private dwellings where such production may be carried out, for the

purpose of inspection.

8.4 The Minister may, in accordance with the provisions of

the Malta Standards Authority Act, prescribe the fees or charges

that may be charged in respect of>

(a) inspection of agricultural products and foodstuffs

bearing a protected name,

(b)

registration of producers pursuant to regulation 8.5.

8.5 A register shall be kept by the Authority for each product

produced in Malta, granted recognition in accordance with EEC

Regulation 2081#92 and subject to inspection by the Authority.

Registration shall be compulsory for all producers of such products.

8.6 The register referred to in regulation 8.5 shall be open to

all producers complying with the requirements laid down in the

specification.

8.7 All persons listed in the register referred to in regulation

8.5 shall be subject to periodic and random inspection at intervals

which shall be determined by the Authority, taking into account the

nature of the product, its seasonality, the likelihood of deviation

from the product specification, the potential risk to human health

which may be posed by poor agricultural and hygienic practices, the

reputation of the product and the number and distribution of

producers.

8.8 The register shall contain the following details, for each

producer>

(a)

the name of the individual producer,

(b) a unique identification number, to be determined by

the Authority,

(c) the address or location of the production or cultivation

site or sites, referring to such identification systems as may be

determined by the Authority,

(d) information relevant to the product, as may be

determined by the Authority.

8.9 The name of the Malta Standards Authority, or a symbol

which may be determined by the Authority, shall appear on the label

of agricultural products or foodstuffs granted protection in terms of

EEC Regulation 2081#92 and subject to inspection by the Authority,

together with>

(a) the identification number of the producer, referred to

in regulation 8.6 (b),

(b) the protected name of the product in Maltese and,

optionally, additionally in English,

(c) one of the following designations in Maltese,

immediately following the protected name of the product,

according to the nature of the protection granted under EEC

Regulation 2081#92>

(a)

‘Denominazzjoni ta’ Ori;ni Protetta’

(b)

‘DOP’

(c)

‘Indikazzjoni :eografika Protetta’

(d)

‘IGP’

(d) optionally, one of the following designations in

English>

(a)

‘Protected Designation of Origin’

(b)

‘PDO’

(c)

‘Protected Geographical Indication’

(d)

‘PGI’

(e) optionally, the Community symbol established by

Commission Regulation (EEC) No. 2037#93 2 .

8.10 The Authority shall remove from the register any person

who repeatedly refuses to cooperate with the Authority during the

inspection process, or who is not producing the product in question

in accordance with the specification.

No person may use>

(a)

any of the terms mentioned in regulation 8.9(c) or

(d),

(b) the symbol determined by the Authority in accordance

with regulation 8.9<

(c) the Community symbol established by Commission

Regulation (EEC) No. 2037#93<

(d) any other term or symbol intended to give the

impression that the product has been granted protection in terms

of EEC Regulation 2081#92,

in the labelling, presentation or advertising of any agricultural

product or foodstuff which has not been granted protection in

accordance with EEC Regulation 2081#92.

OJ L 185, 28.7.1993, p.5

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press