Submit an application for the use of a term as a common traditional name as an exception to the application of Article 1(3) of Regulation (EC) No 1924/2006

You can submit the application for exemption from the authorization procedure for nutrition and health claims by mail as well as by e-mail. Please proceed as follows:

• Submit your application to the Federal Office of Consumer Protection and Food Safety (BVL) in paper form and electronically.
  • Please send the paper version to the following address:
    Federal Office of Consumer Protection and Food Safety
    P.O. Box 11 02 60
    10832 Berlin
  • For the electronic version, please use a suitable storage medium or send it to the following e-mail address:
    poststelle@bvl.bund.de
• The Federal Office of Consumer Protection and Food Safety (BVL) will forward your application to the EU Commission and the EU Member States.
• The BVL and, if applicable, other affected member states will issue a statement to the European Commission.
• The EU Commission initiates the procedure for approval of the general designation.
• The European Commission makes a decision regarding the requested general designation.

Your product has a traditional product name that can be perceived as a nutrition or health claim. The category of food or beverage with the generic name has been present on the market in the Member State(s) before 11 October 1993.

The application must include, in accordance with Annex Part B of Regulation (EU) No 907/2013:

• 1. mandatory information
  • 1.1 A summary of the application
  • 1.2. details of the person making the application
  • 1.3. information on the general designation that is the subject of the application
  • 1.4. information on the category of food or beverage to which the general name applies
  • 1.5. pertinent data related to the use of the general name
• 2. additional information to be provided upon request by Member States:
  • Relevant data related to consumer understanding/perception.
• 3. other additional information (optional).
• The application must be submitted to BVL in hard copy as well as electronically.
• If the applicant fails to submit the additional information requested, if any, the application will be deemed invalid.

There are no costs involved.

Information on the time limit for appealing against the BVL's decision not to forward the application to the EU Commission, pursuant to Section 70 of the German Administrative Court Code (VwGO), can be found in the appeal instructions in the notice of appeal.

• Artikel 1 Absatz 4 Satz 2 der Verordnung (EG) Nr. 1924/2006
• Verordnung (EU) Nr. 907/2013 zur Festlegung von Regeln für Anträge auf Verwendung allgemeiner Bezeichnungen
• § 1 Absatz 2 der BVL-Aufgabenübertragungsverordnung (BVLAÜV)

• Appeal against the BVL's decision not to forward the application.
  • For more information on how to file an appeal, please refer to the appeal instructions in the decision on your application.
• Action before the administrative court.
  • For more information on how to file a lawsuit, please refer to the appeal instructions in the notice of appeal.

After submitting the application to the EU Commission, legal action against the decision of the EU Commission is available before the European courts.

• Forms available: No
• Written form required: No
• Informal application possible: Yes
• Personal appearance required: No
• Online service available: No

The text was automatically translated based on the German content.