LegalizeCommission Regulation (EC) No 868/2007 of 23 July 2007 entering a designation in the Register of protected designations of origin and protected geographical indications ( Miel de Galicia or Mel de Galicia (PGI))
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular the third and fourth subparagraphs of Article 7 (5) thereof,
Whereas:
(1) Under Article 6(2) and pursuant to Article 17(2) of Regulation (EC) No 510/2006, the Spanish application to register the name Miel de Galicia or Mel de Galicia was published in the Official Journal of the European Union (2).
(2) Germany and Italy submitted an objection to the registration under Article 7(1) of Regulation (EC) No 510/2006. In their objections, Germany and Italy stated that the conditions laid down in Article 2 of Regulation (EC) No 510/2006 had not been fulfilled and that in particular the link between the product and the geographical area was not demonstrated to the requisite legal standard and was thus insufficient to satisfy the definition of a geographical indication. In addition, Germany pointed out that certain elements contained in the product specification were likely to be in breach of Council Directive 2001/110/EC on honey of 20 December 2001 (3), in particular the option of adding dried fruit to the honey, which according to Germany was not in compliance with the definition of ‘honey’ given in the Directive.
(3) In a letter of 16 November 2005 the Commission asked the Member States concerned to seek agreement amongst themselves in accordance with their internal procedures.
(4) Given that no agreement was reached between Spain, Germany and Italy within the designated time frame, the Commission must adopt a decision in accordance with the procedure outlined in Article 15(2) of Regulation (EC) No 510/2006.
(5) Following consultation between Spain, Germany and Italy, details have been added to the product specification of the designations in question. With respect to the product description, honey containing dried fruit was removed from the product specification. Furthermore, the link between the product and the defined geographical area was emphasised, highlighting the reputation the product enjoys and detailing the natural characteristics of the geographical area, which make the product concerned unique and distinguish it from honeys produced in other geographical areas.
(6) In the Commission’s opinion, the amended version of the product specification is fully in compliance with Regulation (EC) No 510/2006.
(7) In light of the above, the designation must be entered into the Register of protected designations of origin and protected geographical indications.
(8) The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Protected Geographical Indications and Protected Designations of Origin,
HAS ADOPTED THIS REGULATION:
Article 1
The designation contained in Annex I to this Regulation shall be entered in the register.
Article 2
A summary of the main points of the specification is given in Annex II to this Regulation.
Article 3
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 23 July 2007.
For the Commission Mariann FISCHER BOEL Member of the Commission
(1) OJ L 93, 31.3.2006, p. 12. Regulation as amended by Regulation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).
(2) OJ C 30, 5.2.2005, p. 16, and OJ C 139, 14.6.2006, p. 21.