Commission Implementing Regulation (EU) 2015/2257 of 4 December 2015 entering a name in the register of traditional specialities guaranteed (Кайсерован врат Тракия (Kayserovan vrat Trakiya) (TSG))

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)(a) thereof,

Whereas:

(1) Pursuant to Article 50(2)(b) of Regulation (EU) No 1151/2012, application from Bulgaria to register the name ‘Кайсерован врат Тракия’ (Kayserovan vrat Trakiya) was published in the Official Journal of the European Union (2).

(2) On 11 June 2014, the Commission received a notice of opposition from Kayseri Chamber of commerce (Turkey). This notice of opposition was followed by a reasoned statement of opposition sent by e mail of 14 August 2014. Article 51(2) of Regulation (EU) No 1151/2012 provides that a notice of opposition must be followed by a reasoned statement of opposition within two months. The reasoned statement of opposition exceeded that two months deadline. Therefore, the Commission considers the opposition from Kayseri Chamber of commerce (Turkey) inadmissible.

(3) On 12 June 2014, Greece sent a notice of opposition including a reasoned statement of opposition. The opposition was based on Article 21, paragraph 1, point (b), of Regulation (EU) No 1151/2012. It was claimed that, part of the Thrace region belonging to Greece, the registration of the name ‘Кайсерован врат Тракия’ (Kayserovan vrat Trakiya) would prejudge the right of Greek producers to use the geographical name ‘Θράκη’ (Thrace). There are several meat products using lawfully the designation ‘Thrace’ in their sales names.

(4) The Commission examined the opposition from Greece and found it admissible within the meaning of Article 21, paragraph 1, point (b), of Regulation (EU) No 1151/2012. By letter of 10 October 2014 it therefore, invited the interested parties to engage in appropriate consultations to seek agreement among themselves in accordance with their internal procedures.

(5) Bulgaria and Greece reached such an agreement, notified to the Commission on 5 May 2015.

(6) In so far as it complies with the provisions of Regulation (EU) No 1151/2012 and other EU legislation, the content of the agreement concluded between Bulgaria and Greece can be taken into account.

(7) In the light of Article 18(3) of Regulation (EU) No 1151/2012, in order to distinguish products that share similar names and to avoid risk of misleading consumers on the provenance of the product, Bulgaria and Greece agreed that the name ‘Кайсерован врат Тракия’ (Kayserovan vrat Trakiya) be accompanied by the claim ‘made following the tradition of Bulgaria’.

(8) The two parties also agreed that this Regulation contains a statement clarifying that the geographical name ‘Thrace’ should not be intended as reserved for the ‘Кайсерован врат Тракия’ (Kayserovan vrat Trakiya).

(9) In the light of the above, the Commission considers that the name ‘Кайсерован врат Тракия’ (Kayserovan vrat Trakiya) should be accompanied by the claim ‘made following the tradition of Bulgaria’.

(10) In addition, it should be clarified that, without prejudice of Article 24(2) of Regulation (EU) No 1151/2012, the registration of the name ‘Кайсерован врат Тракия’ (Kayserovan vrat Trakiya) made following the tradition of Bulgaria does not prevent producers from using the geographical name ‘Thrace’, including translations, in labelling or presentations within the territory of the Union in compliance with the EU law and in particular Regulation (EU) No 1169/2011 of the European Parliament and of the Council (3) on the provision of food information to consumers,

HAS ADOPTED THIS REGULATION:

Article 1

The name ‘Кайсерован врат Тракия’ (Kayserovan vrat Trakiya) (TSG) is registered.

The name in the first paragraph identifies a product from Class 1.2. Meat products (cooked, salted, smoked, etc.) set out in Annex XI to Commission Implementing Regulation (EU) No 668/2014 (4).

Article 2

The name referred in Article 1 shall be accompanied by the claim ‘made following the tradition of Bulgaria’. The consolidated product specification is set out in the Annex to this Regulation.

Article 3

The geographical name ‘Thrace’, including translations, may continue to be used in labelling or presentations within the territory of the Union provided the principles and rules applicable in its legal order are respected.

Article 4

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, 4 December 2015.

For the Commission The President Jean-Claude JUNCKER

(1) OJ L 343, 14.12.2012, p. 1.

(2) OJ C 75, 14.3.2014, p. 16.

(3) Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004 (OJ L 304, 22.11.2011, p. 18).

(4) Commission Implementing Regulation (EU) No 668/2014 of 13 June 2014 laying down rules for the application of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs (OJ L 179, 19.6.2014, p. 36).