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Commission Delegated Regulation (EU) 2025/1955 of 29 September 2025 supplementing Regulation (EU) 2023/2411 of the European Parliament and of the Council on the protection of geographical indications for craft and industrial products

Type Delegated Regulation
Publication 2025-09-29
State In force
Department European Commission, GROW
Source EUR-Lex
Reform history JSON API

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) 2023/2411 of the European Parliament and of the Council of 18 October 2023 on the protection of geographical indications for craft and industrial products and amending Regulations (EU) 2017/1001 and (EU) 2019/1753 (1), and in particular Article 11(2), Article 22(8) and Article 33(8) thereof,

Whereas:

(1) Regulation (EU) 2023/2411 created a system specific to the Union for the protection of geographical indications for craft and industrial products.

(2) To enhance legal certainty and clarity, it is important to specify the requirements in relation to the documentation accompanying the application in a clear and exhaustive manner.

(3) In order to facilitate the management of applications and to speed up the examination procedure, it is important to further specify the information to be submitted to the Office for applications for registration to be deemed admissible. In order to allow for an effective and efficient review of decisions taken by the Geographical Indication Division in the first instance by means of a transparent, thorough, fair and impartial appeal procedure before the Board of Appeal, suited to the specific nature of geographical indications for craft and industrial products, and taking into account the principles laid down in Regulation (EU) 2023/2411, it is appropriate to reinforce legal certainty and predictability by clarifying and specifying the procedural rules.

(4) In order to ensure an effective and efficient organisation of the Board of Appeal, certain provisions of Title V of Commission Delegated Regulation (EU) 2018/625 (2) should be applicable mutatis mutandis also for the appeal under Article 33 of Regulation (EU) 2023/2411.

(5) This Delegated Regulation should be applicable as of 1 December 2025, in line with the applicability date of Regulation (EU) 2023/2411,

HAS ADOPTED THIS REGULATION:

Article 1

Documentation accompanying the application for registration
1.

Contact details of the applicant required under Article 11(1), point (a), and the contact details of the competent authority, certification body or natural person required under Article 11(1), point (b), of Regulation (EU) 2023/2411 shall include:

(a) an address;

(b) a telephone number; and

(c) an email address.

2.

Where contact details referred to in paragraph 1 relate to a natural person, the processing of personal data shall be carried out in accordance with Regulation (EU) 2018/1725 of the European Parliament and of the Council (3) and serve the following purposes:

(a) administering the applications and/or registrations as described in Regulation (EU) 2023/2411 and in acts adopted pursuant to it;

(b) accessing the information necessary for conducting the proceedings more easily and efficiently;

(c) communicating with the applicants and other parties to the proceedings, including the interveners;

(d) producing reports and statistics enabling the Office to optimise its operations and improve the functioning of the system.

3.

Where the applicant is a natural person, the nationality shall be indicated in the documentation accompanying the application for registration.

4.

If a local or regional authority or a private entity was designated as the applicant by the Member State in accordance with Article 8(4) of Regulation (EU) 2023/2411, the reasons of such designation shall be indicated on a separate document within the accompanying documentation. The reasons shall include a reference to the national law or administrative decision on the designation. Justification has to be particular to an individual application.

Article 2

Admissibility of the application for registration at Union level
1.

For admissibility, in addition to the requirements set out in Article 3 and 8 and Article 22(1) or Article 20(1) and Article 22(2) or Article 22(3), as applicable, and Article 22(6) and Article 65(3) of Regulation (EU) 2023/2411, an application for registration shall comply with Article 3, Article 7(1), Article 8 in the case of direct registrations and third-country applications and Articles 9 to 12 of Commission Implementing Regulation (EU) 2025/1956 (4).

2.

For admissibility, in addition to the requirements set out in Article 22(4) and (5) of Regulation (EU) 2023/2411, a joint application for registration shall comply with Article 6(1), (2) or (3) of Implementing Regulation (EU) 2025/1956 and paragraph 1 of this Article.

3.

If an application is inadmissible, the Geographical Indication Division shall inform the competent authority and the applicant, as relevant, of the reasons for inadmissibility pursuant to Article 23(6) of Regulation (EU) 2023/2411.

Article 3

Notice of appeal
1.

A notice of appeal filed in accordance with Article 33(4) of Regulation (EU) 2023/2411 shall contain the following:

(a) the name and address of the appellant and the Member State or third country in which that appellant resides or is established. Names of natural persons shall be indicated by the person’s family name(s) and given name(s). Names of legal entities, as well as bodies falling under Article 3 of Regulation (EU) 2017/1001 of the European Parliament and of the Council (5), shall be indicated by their official designation and include the legal form of the entity, which may be abbreviated in a customary manner. The company’s national identification number may also be specified if available. The Office may require the appellant to provide telephone numbers or other contact details for communication. Only one address shall, in principle, be indicated for each appellant. Where several addresses are indicated, only the address mentioned first shall be taken into account, except where the appellant designates one of the addresses as an address for service;

(b) where the appellant has appointed a representative, the name and the business address of the representative; where the representative has more than one business address or where there are two or more representatives with different business addresses, only the first-mentioned address shall be taken into account as an address for service unless the notice of appeal indicates which address is to be used as an address for service;

(c) a clear and unambiguous identification of the decision subject to appeal indicating the date on which it was issued and the file number of the proceedings to which the decision subject to appeal relates.

2.

The notice of appeal shall be filed in any of the official Union languages.

3.

As soon as the notice of appeal has been filed, the Board of Appeal shall notify it as applicable, to the defendant and to the competent authorities or single points of contact of the Member States where the defendant and the appellant reside or are established, in the official language as filed by the appellant, together with a verified machine translation of it, into the relevant official Union language of the respective Member States. In case the defendant resides or is established in a third country, the Board of Appeal shall notify the notice of appeal to the defendant or to the competent authority of the third country, as applicable, in the official language as filed, together with a verified machine translation of it, into the official Union language in which the first procedural step in the relevant proceedings before the Office was filed by the defendant.

Article 4

Statement of grounds
1.

A written statement setting out the grounds of appeal referred to in the Article 33(4), second subparagraph, of Regulation (EU) 2023/2411 shall contain a clear and unambiguous identification of the following:

(a) the appeal proceedings to which it refers by indicating either the corresponding appeal number or the decision subject to appeal in accordance with the requirements laid down in Article 3 of this Regulation;

(b) the grounds of appeal on which the annulment of the contested decision is requested;

(c) the facts, evidence and arguments in support of the grounds invoked.

2.

The statement of grounds shall be filed in the same language as the notice of appeal.

3.

As soon as the notice of appeal has been found admissible, the Board of Appeal shall notify the statement of grounds to the defendant, to the competent authorities or single points of contact of the Member States where the defendant and the appellant reside or are established, in the official language as filed by the appellant, together with a verified machine translation of it, into the relevant official Union language of the respective Member States. In case the defendant resides or is established in a third country, the Board of Appeal shall notify the statement of grounds to the defendant or to the competent authority of the third country, as applicable, in the official language as filed, together with a verified machine translation of it, into the official Union language in which the first procedural step in the relevant proceedings before the Office was filed by the defendant.

Article 5

Admissibility of an appeal
1.

The Board of Appeal shall reject an appeal as inadmissible in any of the following events:

(a) where the notice of appeal has not been filed within two months of the date of publication in the Union register, as provided for in Article 29(6) Regulation (EU) 2023/2411, of the decision subject to appeal;

(b) where the appeal does not comply with Article 33(1) and (3) of Regulation (EU) 2023/2411, or with the requirements laid down in Article 3(1), point (c), and Article 4(2) of this Regulation, unless those deficiencies are remedied within four months of the date of publication in the Union register of the decision subject to appeal;

(c) where the notice of appeal does not comply with the requirements laid down in Article 3(1), points (a), and (b), and the appellant has, despite having been informed thereof by the Board of Appeal, not remedied those deficiencies within the time limit specified by the Board of Appeal to that effect;

(d) where the statement of grounds has not been filed within four months of the date of publication of the decision subject to appeal;

(e) where the statement of grounds does not comply with the requirements laid down in Article 4(1), point (a) and (b), and the appellant has, despite having been informed thereof by the Board of Appeal, not remedied those deficiencies within the time limit specified by the Board of Appeal to that effect.

2.

Where the appeal appears to be inadmissible, the chairperson of the Board of Appeal to which the case has been allocated pursuant to Article 35(1) of Delegated Regulation (EU) 2018/625 may request the Board of Appeal to decide without delay on the admissibility of the appeal prior to the notification to the defendant of the notice or of the statement of grounds, as the case may be.

3.

The Board of Appeal shall declare an appeal as deemed not to have been filed where the appeal fee has been paid after the expiry of the time limit set out in the first sentence of Article 33(4) of Regulation (EU) 2023/2411 and in the situation referred to in Article 30(4) of Implementing Regulation (EU) 2025/1956. In such cases, paragraph (2) of this Article shall apply.

Article 6

Response
1.

The defendant may file a response in any of the official Union languages within two months of the date of notification of the appellant’s statement of grounds. In exceptional circumstances, that time limit may be extended upon reasoned request by the defendant.

2.

The response shall contain the name and address of the defendant and shall comply, mutatis mutandis, with the conditions laid down in Article 3(1), points (b) and (c), and Article 4(1), points (a) and (c) of this Regulation.

3.

As soon as the response has been filed, the Board of Appeal shall notify it to the appellant and to the competent authorities or single points of contact of the Member States where the appellant and defendant reside or are established, in the official language as filed by the defendant, together with a verified machine translation of it, into the relevant official Union language of the respective Member States.

4.

Upon the appellant’s reasoned request filed within two weeks of the notification of the response and its translation, the Board of Appeal may authorise the appellant to supplement the statement of grounds by a reply within a period specified by the Board of Appeal.

5.

As soon as the supplementary reply has been filed, the Board of Appeal shall notify it to the defendant and the competent authorities or the single points of contact of the Member States, where the appellant and the defendant reside or are established, in the official language as filed by the appellant, together with a verified machine translation of it, into the relevant official Union language of the respective Member States.

6.

In case the Board of Appeal authorised the appellant to supplement the statement of grounds by a reply, the Board of Appeal shall also authorise the defendant to supplement the response by a rejoinder within a period specified by the Board of Appeal.

7.

As soon as the rejoinder has been filed, the Board of Appeal shall notify it to the appellant, the competent authorities or single points of contact of the Member States, where the appellant and the defendant reside or are established, in the official language as filed by the defendant, together with a verified machine translation of it, into the relevant official Union language of the respective Member States. In case the defendant or the appellant resides or is established in a third country, the Board of Appeal shall notify the response, the supplementary reply and the rejoinder to the appellant or to the defendant or to the competent authority of the third country, as applicable, in the official language as filed, together with a verified machine translation of these documents, into the official Union language in which the notice of appeal was filed by the appellant, or in which the response was filed by the defendant.

Article 7

Examination of the appeal
1.

The examination of the appeal shall be restricted to the grounds invoked in the statement of grounds. Matters of law not raised by the parties shall be examined by the Board of Appeal only where they concern essential procedural requirements or where it is necessary to resolve them to ensure a correct application of Regulation (EU) 2023/2411 having regard to the facts, evidence and arguments presented by the parties.

2.

The examination of the appeal shall only include claims or requests that have been raised in the statement of grounds of the appeal and that were raised in due time in the proceedings before the Geographical Indications Division.

3.

The Board of Appeal may accept facts or evidence submitted for the first time before it only where those facts or evidence meet the following requirements:

(a) they are, on the face of it, likely to be relevant for the outcome of the case; and

(b) they have not been produced in due time for valid reasons, in particular where they are merely supplementing relevant facts and evidence which had already been submitted in due time, or are filed to contest findings made or examined by the first instance of its own motion in the decision subject to appeal.

4.

If the Board of Appeal decide to consult the Advisory Board during the appeal procedure as referred to in Article 33(5) of Regulation (EU) 2023/2411, the defendant and the appellant and the competent authorities or the single points of contact of the Member State where the appellant and the defendant reside or are established, shall be notified through the digital system, of such consultation. The Board of Appeal, together with the notification of such consultation, shall provide them with a verified machine translation into the relevant official Union language of the respective Member States.

5.

The Board of Appeal shall notify the defendant and the appellant and the competent authorities or the single points of contact of the Member State where the appellant and the defendant reside or are established, through the digital system, of the opinion of the Advisory Board. The Board of Appeal, together with the opinion of the Advisory Board, shall provide them with a verified machine translation into the relevant official Union language of the respective Member States.

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