origin, the geographical indication and the indication of
source.
Art. 9 - It shall be established a technical consultative
commission of appellations of origin, the geographical
indications and the indications of source.
It shall, notably, be entrusted with :
-studying and delivering an opinion on the requests of
appellations of origin, the geographical indications and the
indications of source,
-studying and delivering an opinion on the
establishment and delimitation of areas of appellations of
origin, the geographical indications and the indications of
source,
-delivering an opinion on the product quality, reputation
and characteristics which shall comprise to be granted
an appellation of origin, a geographical indication or an
indication of source,
-issuing propositions likely to valorize handicrafts
products to safeguard the product origin, cultural
identity , fabrication method and its raw materials,
-examining the requests of opposition and their
admissibility in conformity with the provisions of article
16 of the law herein.
The composition of the technical consultative
commission and operating procedures shall be fixed by
a decree.
Chapter III
Delimitation of the appellations of origin, the
geographical indications and the indications of
source
Art. 10 - The conditions of benefit of the appellation of
origin, the geographical indication or the indication of
source, shall be fixed by a standard specifications approved
by an order of the Minister charged of the handicrafts.
The standard specifications shall comprise the following :
- the product name coming of the geographical area of
the appellation of origin, the geographical indication and
the indication of source,
- the product description with the indication of its
characteristics, quality and reputation,
- the elements proving that the source of the product is
from the geographical area of the appellation of origin, the
geographical indication or the indication of source,
producing area,
- the description of the producing method, the terms of
knowledge according to the ways rooted in the geographical
area of the appellation of origin, the geographical indication
or the indication of source.
Art. 11 - As soon as the promulgation of the order
mentioned in article 7 of the law herein, every natural or
legal person, exercising a handicraft activity within a
geographical area of an appellation of origin, geographical
indication and indication of source, desiring to benefit from
an appellation of origin, geographical indication and
indication of source shall satisfy the conditions provided for
by the abovementioned standard specifications in article 10
of the law herein.
N° 104
Art. 12 - The persons, desiring to benefit from an
appellation of origin, geographical indication and indication
of source, shall present a request to this effect, to the
Minister charged of the handicrafts, accompanied with the
specifications provided for in article 10 of the law herein,
duly signed by the applicant or his legal representative.
Art. 13 - The Minister charged of the handicrafts shall
submit the request referred to in article 12 of the law herein
to the opinion of the technical consultative commission of
the appellations of origin, the geographical indications and
the indications of source, which proceed to :
- the verification of the conformity of the elements
mentioned in the presented specifications with those of the
standard specifications,
- the verification of the application of all the benefit
conditions relating to the appellation of origin, the
geographical indication and the indication of source to the
concerned product,
- drawing up a report to this effect and submitting it to
the Minister charged of the handicrafts.
Art. 14 - In case when the report of the commission is
conclusive, the Minister charged of the handicrafts, shall
publish a notice relating to the said request in the Official
Gazette of the Republic of Tunisia.
This notice shall comprise the applicant name and its
address, the product name, its area of origin and production
methods.
Art. 15 - In case of a non-opposition to the notice
provided for in article 14 of the law herein within a fourmonth deadline from the date of its publication, the
Minister charged of the handicrafts, shall attribute the
benefit of the appellation of origin, the geographical
indication and the indication of source to the product
subject of the request and order its registration in the
official register of appellations of origin, the geographical
indications or the indications of source which shall be
established in the Ministry charged of the handicrafts.
The mentions of the official register and registration
procedures shall be fixed by an order of the Minister
charged of the handicrafts.
Art. 16 - In case of an opposition to the notice provided
for in article 14 of the law herein, the notice deadline will
be suspended and the technical consultative commission
shall proceed to the examination of the opposition requests
and rules on them within a six-month deadline starting from
the expiry of the deadline of publication of the notice in the
Official Gazette of the Republic of Tunisia.
The appeal of the decision taken by the technical
consultative commission shall be lodged by a request to this
effect at the opposition commission within a two-month
deadline starting from the date of promulgation of the
decision or its notification through a registered letter with
acknowledgement of receipt.
The opposition commission shall rule on the decisions
taken by the technical consultative commission within a
deadline not exceeding three months starting from the date
of seizing the request in question. Its decision shall be
irrevocable.
Official Gazette of the Republic of Tunisia — 28-31 December 2007
Page 1393