LegalizeCommission Implementing Regulation (EU) No 120/2013 of 11 February 2013 entering a name in the register of protected designations of origin and protected geographical indications (ข้าวหอมมะลิทุ่งกุลาร้องไห้ (Khao Hom Mali Thung Kula Rong-Hai) (PGI))
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(3)(b) thereof,
Whereas:
(2) Belgium, France, Italy, the Netherlands and the United Kingdom lodged objections to such registration under Article 7(1) of Regulation (EC) No 510/2006. The objections were deemed admissible under points (a), (b), (c) and (d) the first subparagraph of Article 7(3) thereof.
(3) By letter dated 14 March 2011, the Commission asked the Parties concerned to seek agreement among themselves in accordance with their internal procedures.
(4) An agreement was reached between Thailand and France. Given that no agreement was reached within the designated timeframe of six months between Thailand and the Netherlands, and that only a partial agreement was reached within such timeframe between Thailand and Belgium, Italy and the United Kingdom, the Commission should adopt a decision.
(5) With regard to the definition of the geographical area for production, processing and packaging, France pointed out an inconsistency between the Single Document and the national legislation of Thailand that allowed processing and packaging outside the geographical area of production. Thailand recognised the inconsistency and amended its national registration as well as the Single Document to clarify that there is only one single geographical area of production, processing and packaging.
(8) With regard to the packaging requirement to take place in the area of production, Belgium, France, Italy, the Netherlands and the United Kingdom objected as being not adequately justified or unnecessarily restricting. France and Thailand found an agreement after amendment of the Single Document by Thailand in order to explain better the reasons why packaging has to take place in the geographical area. No agreement on this issue was reached between Thailand and Belgium, Italy, the Netherlands and the United Kingdom. Thailand has then amended the Single Document and specification and included a justification more specific to the product.
(10) 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
The updated Single Document is contained in Annex II to this Regulation.
Article 3
This Regulation shall enter into force on the twentieth day following that of 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, 11 February 2013.
For the Commission The President José Manuel BARROSO
(1) OJ L 343, 14.12.2012, p. 1.
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