Commission Implementing Regulation (EU) 2024/1966 of 16 July 2024 entering a name in the register of Traditional Specialities Guaranteed (Sardeluță marinată (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) In accordance with Article 90(5) and (6) of Regulation (EU) 2024/1143 of the European Parliament and of the Council (2), which repealed Regulation (EU) No 1151/2012, the latter remains applicable to the applications for registration of traditional specialities guaranteed received by the Commission and published in the Official Journal of the European Union before 13 May 2024.

(2) Pursuant to Article 50(2)(b) of Regulation (EU) No 1151/2012, the application from Romania to register the name ‘Sardeluță marinată’ as a Traditional Speciality Guaranteed (TSG) was published in the Official Journal of the European Union (3).

(3) On 24 November 2023 the Commission received a reasoned statement of opposition from Bulgaria. The opponent argued that the name proposed for registration is lawful, renowned and economically significant for similar agricultural products or foodstuffs (Article 21(1), point (b), of Regulation (EU) No 1151/2012). In particular, Bulgaria claimed that there has been a long-standing tradition of marinating sprat in Bulgaria. A product is offered on the Bulgarian market under the name ‘маринована цаца’, which, in translation, is the same as ‘Sardeluță marinată’. Bulgaria explained that marinated sprat has been well-known for decades, it is a product of economic significance and is in demand by the Bulgarian consumers. Therefore, Bulgaria asked, in accordance with Article 18(3) of Regulation (EU) 1151/2012, that the Romanian term ‘Sardeluță marinată’, when registered as a TSG, is to be accompanied by the claim ‘made following the tradition of Romania’. This would ensure the protection of the interests of the Bulgarian producers of marinated sprat.

(4) The Commission found the opposition admissible, within the meaning of Article 21(1), point (b), of Regulation (EU) No 1151/2012, and, by letter of 18 December 2023, invited the interested parties to engage in appropriate consultations to seek agreement among themselves in accordance with their internal procedures.

(5) Romania and Bulgaria reached an agreement, which was notified to the Commission on 5 February 2024, within the prescribed deadline.

(6) In accordance with Article 18(3) of Regulation (EU) No 1151/2012, Romania and Bulgaria agreed that in order to distinguish from comparable product or products that share an identical or similar name, the name of the traditional speciality guaranteed ‘Sardeluță marinată’, once registered as a TSG, should always be accompanied by the claim ‘made following the tradition of Romania’.

(7) Therefore, this name should not be protected as such, but only in conjunction with the claim ‘made following the tradition of Romania’.

(8) As a consequence, the name ‘маринована цаца’ should be allowed to continue to be used for products that do not comply with the product specification of ‘Sardeluță marinată’‘made following the tradition of Romania’, within the territory of the Union provided that the principles and rules applicable in its legal order are respected.

(9) The consolidated product specification including the reference to the claim should be published for information only.

(10) Accordingly the name ‘Sardeluță marinată’ should be entered in the register of Traditional Specialities Guaranteed (TSG),

HAS ADOPTED THIS REGULATION:

Article 1

The name ‘Sardeluță marinată’ (TSG) is registered.

The name in the first paragraph identifies a product from Class 1.7. Fresh fish, molluscs and crustaceans and products derived therefrom, set out in Annex XI to Commission Implementing Regulation (EU) n° 668/2014 (4).

Article 2

The name ‘Sardeluță marinată’ (TSG) shall be accompanied by the claim ‘made following the tradition of Romania’.

Article 3

The name ‘маринована цаца’ may continue to be used for products that do not comply with the product specification of ‘Sardeluță marinată’‘made following the tradition of Romania’ within the territory of the Union, provided that the principles and rules applicable in its legal order are respected.

Article 4

The consolidated product specification is set out in the Annex to this Regulation.

Article 5

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, 16 July 2024.

For the Commission The President Ursula VON DER LEYEN

(1) OJ L 343, 14.12.2012, p. 1, ELI: http://data.europa.eu/eli/reg/2012/1151/oj

(2) Regulation (EU) 2024/1143 of the European Parliament and of the Council of 11 April 2024 on geographical indications for wine, spirit drinks and agricultural products, as well as traditional specialities guaranteed and optional quality terms for agricultural products, amending Regulations (EU) No 1308/2013, (EU) 2019/787 and (EU) 2019/1753 and repealing Regulation (EU) No 1151/2012 (OJ L, 2024/1143, 23.4.2024, ELI: http://data.europa.eu/eli/reg/2024/1143/oj).

(3) OJ C 303, 28.8.2023, p. 5.

(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 of 19.6.2014, p. 36, ELI: http://data.europa.eu/eli/reg_impl/2014/668/oj).