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 apply for an exemption from the authorization procedure for nutrition and health claims by post or 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
  • Please use a suitable storage medium for the electronic version or send it to the following e-mail address:
    poststelle@bvl.bund.de
• The Federal Office of Consumer Protection and Food Safety (BVL) forwards your application to the EU Commission and the EU Member States.
• The BVL and any other Member States concerned submit a statement to the European Commission.
• The EU Commission initiates the procedure for approval of the general designation.
• The European Commission takes a decision on the general designation applied for.

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

The application must include the following 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. details of the generic name covered by the application
  • 1.4 Details of the category of food or drink to which the generic name applies
  • 1.5 Relevant data in connection with the use of the generic name
• 2. additional information to be provided at the request of Member States:
  • Relevant data related to consumer understanding/perception
• 3. other additional information (optional)
• The application must be submitted to the BVL in paper form and electronically.
• If the applicant does not provide any additional information requested, the application will be considered invalid.

There are no costs.

Information on the deadline for appealing against the BVL's decision not to forward the application to the EU Commission in accordance with Section 70 of the German Code of Administrative Court Procedure (VwGO) can be found in the information on legal remedies in the notice of appeal.

• Article 1(4), second sentence, of Regulation (EC) No 1924/2006
• Regulation (EU) No 907/2013 laying down rules for applications for the use of generic names
• § Section 1 (2) of the BVL Task Transfer Ordinance (BVLAÜV)

• Appeal against the decision of the BVL not to forward the application.
  • Further information on how to lodge an appeal can be found in the information on legal remedies in the decision on your application.
• Appeal to the administrative court.
  • You can find further information on how to lodge a complaint in the legal remedies information in the objection notice.

Once the application has been submitted to the EU Commission, the decision of the EU Commission can be appealed to the European courts.

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

21.06.2022