Commission Implementing Regulation (EU) 2021/865 of 28 May 2021 entering a name in the register of protected designations of origin and protected geographical indications (‘Rooibos’/‘Red Bush’ (PDO))

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)(a) of Regulation (EU) No 1151/2012, the application from South Africa to register the name ‘Rooibos’/‘Red Bush’ as protected designation of origin (PDO) was published in the Official Journal of the European Union (2).

(2) On 7 September 2020 the Commission received the notice of opposition and the related reasoned statement of opposition from the United Kingdom. The Commission forwarded the notice of opposition and the reasoned statement of opposition sent by United Kingdom to South Africa on 16 September 2020.

(3) The Commission examined the opposition sent by the United Kingdom and found it admissible. The opposition claims that registration of the name ‘Rooibos’/‘Red Bush’ does not comply with the conditions laid down in Article 5 and 7(1) of Regulation (EU) No 1151/2012 as the proposed description of the product and of raw materials are inconsistent. The opposition claims further that the proposed rules concerning labelling of ‘Rooibos’/‘Red Bush’ are not specific enough and in contradiction to conditions set out in Regulation (EU) No 1169/2011 of the European Parliament and of the Council (3).

(4) By letter of 22 September 2020 the Commission invited the interested parties to engage in appropriate consultations to seek agreement among themselves in accordance with their internal procedures.

(5) South Africa and the United Kingdom reached an agreement, which was communicated by South Africa to the Commission on 11 November 2020, within the prescribed deadline.

(6) South Africa and the United Kingdom concluded that protection of the designation ‘Rooibos’/‘Red Bush’ (PDO) should be granted with some modifications to the single document, including consistent reference throughout the document to ten flavours, the references to aspelathin and nothofagin being expanded to make reference to the fact that it will be controlled according to the South African GI protection at origin as well as revised rules concerning labelling of the product.

(7) As it complies with the provisions of Regulation (EU) No 1151/2012 and EU legislation, the content of the agreement concluded between South Africa and the United Kingdom should be taken into account.

(8) On 7 September 2020 the Commission received the notice of opposition and the related reasoned statement of opposition from the Swiss Association of Tea, Spices and related Products (IGTG).

(9) The Commission examined the opposition sent by the IGTG and found it inadmissible as none of the grounds provided in the Article 10(1) of Regulation (EU) No 1151/2012 has been substantiated in the reasoned statement submitted by the IGTG. By letter of 4 December 2020 the Commission informed the IGTG by that it will not send to the IGTG an invitation to start appropriate consultations with South Africa. By letter of 8 December 2020 addressed to the Commission the IGTG withdrew its opposition against the registration of the designation ‘Rooibos’/‘Red Bush’ (PDO).

(10) Accordingly, the designation of origin ‘Rooibos’/‘Red Bush’ (PDO) should be entered into the register. The consolidated version of the single document should be published for information,

HAS ADOPTED THIS REGULATION:

Article 1

The name ‘Rooibos’/‘Red Bush’ (PDO) is registered.

The name in the first paragraph identifies a product from Class 1.8. Other products listed in Annex I to the Treaty (spices etc.). The consolidated single document is set out in the Annex to this Regulation.

Article 2

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, 28 May 2021.

For the Commission The President Ursula VON DER LEYEN

(1) OJ L 343, 14.12.2012, p. 1.

(2) OJ C 190, 8.6.2020, p. 46.

(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).