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1. For products originating in a Member State or a third country the designation of which consists of or contains a name that contravenes Article 26(1), the Commission may, by means of implementing acts, grant a transitional period of up to five years to enable the continued use of that designation, under which they were marketed, provided that an admissible opposition, under Article 10(4) or Article 17, to the application for registration of the geographical indication whose protection is contravened shows that:

(a) the registration of the geographical indication concerned would jeopardise the existence of a wholly or partially identical name in the product designation; or (b) such products have been legally marketed with that name in the product designation in the territory concerned for at least five years preceding the publication provided for in Article 15(4).

2. The implementing acts referred to in paragraph 1 of this Article shall be adopted in accordance with the examination procedure referred to in Article 88(2) except those where an admissible opposition is lodged in accordance with Article 10(4), which shall be adopted without applying that examination procedure.

3. The Commission may, by means of implementing acts, extend the transitional period granted under paragraph 1 up to a total period of 15 years or grant directly a transitional period of up to 15 years provided that it is also shown that:

(a) the name in the designation referred to in paragraph 1 has been in legal use consistently and fairly for at least 25 years before the application for registration of the geographical indication concerned was submitted to the Commission;

(b) the purpose of using the name in the designation referred to in paragraph 1 has not, at any time, been to profit from the reputation of the name of the product that has been registered as a geographical indication; and (c) the consumer has not been or could not have been misled as to the true origin of the product.

4. The implementing acts referred to in paragraph 3 of this Article shall be adopted in accordance with the examination procedure referred to in Article 88(2) except those where an admissible opposition is lodged under Article 10(4), which shall be adopted without applying that examination procedure.

5. When using a designation referred to in paragraphs 1 and 3, the indication of the country of origin shall clearly and visibly appear on the labelling and, where applicable, on the product description when it is marketed online.

6. Regarding applications for the registration of geographical indications and Union amendments, in order to overcome temporary difficulties with the long-term objective of ensuring that all operators of a product designated under a geographical indication in the area concerned comply with the related product specification, a Member State may grant a transitional period for compliance, of up to 10 years, with effect from the date on which the application is lodged with the Commission, provided that the operators concerned have legally marketed that product using the name concerned continuously for at least five years preceding the lodging of the application to the authorities of that Member State and have referred to that fact in the national opposition procedure referred to in Article 10(4).

7. Where the time between the application for registration at Union stage and the registration of the name concerned exceeds five years, the Member State may extend the transitional period by up to five years. The decision to extend the transitional period shall be communicated without delay to the Commission, which shall publish it in the Official Journal of the European Union.

8. Paragraph 6 shall apply mutatis mutandis to a geographical indication referring to a geographical area situated in a third country, with the exception of the opposition procedure.