LegalizeCommission Implementing Regulation (EU) 2024/2017 of 25 July 2024 entering a name in the register of protected designations of origin and protected geographical indications (Κασκαβάλι Πίνδου / Kashkavali Pindou / Κασκαβάλ Πίνδου / Kashkaval Pindou (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 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(3)(b) thereof,
Whereas:
(1) In accordance with Article 90(1) and (2) of Regulation (EU) 2024/1143 of the European Parliament and of the Council (2), which repealed Regulation (EU) No 1151/2012, the latter remains applicable to the applications for registration of geographical indication for agricultural products and foodstuffs received by the Commission and published in the Official Journal of the European Union before 13 May 2024.
(2) Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, the application from Greece to register the name ‘Κασκαβάλι Πίνδου / Kashkavali Pindou / Κασκαβάλ Πίνδου / Kashkaval Pindou’ as Protected Geographical Indication (PGI) was published in the Official Journal of the European Union (3).
(3) On 7 July 2023 the Commission received the notice of opposition and the related reasoned statement of opposition from Germany. The Commission forwarded the notice of opposition to Greece on 17 July 2023. On 8 August 2023 Germany confirmed that the reasoned statement of opposition was complete and that it did not wish to provide any additional information.
(4) The Commission examined the reasoned statement of opposition sent by Germany and found it admissible.
(5) The opponent claimed that ‘Kashkaval’ was a cheese manufactured and marketed in many Member States and in third countries and was listed as a generic name in the customs tariff nomenclature and the common customs tariff. Therefore, the opponent argued that if names ‘Κασκαβάλι Πίνδου / Kashkavali Pindou / Κασκαβάλ Πίνδου / Kashkaval Pindou’ were to be registered as a protected geographical indication, this would mean that the manufacturers in other countries would no longer be allowed to use the name ‘Kashkaval’. This would directly violate their rights and cause them significant economic disadvantages. Moreover, the opponent made claims about potential non-compliance with the requirements of Articles 5(2) and 7(1) of Regulation (EU) No 1151/2012 for a protected geographical indication.
(6) By letter of 22 September 2023, the Commission invited the interested parties to engage in appropriate consultations to seek agreement among themselves in accordance with their internal procedures.
(7) Following the consultations, an agreement was reached between Greece and Germany. It was communicated to the Commission by the letter of 17 January 2024 and further supplemented with the amended single document on 15 May 2024. Greece confirmed that by applying for the registration of the name ‘Κασκαβάλι Πίνδου / Kashkavali Pindou / Κασκαβάλ Πίνδου / Kashkaval Pindou’, it did not aim at reserving the use of the term ‘Kashkaval’ and consequently, that protection to be granted to name ‘Κασκαβάλι Πίνδου / Kashkavali Pindou / Κασκαβάλ Πίνδου / Kashkaval Pindou’ should not cover the stand-alone name ‘Kashkaval’, but only the compound name ‘Κασκαβάλι Πίνδου / Kashkavali Pindou / Κασκαβάλ Πίνδου / Kashkaval Pindou’, as a whole. Therefore, the term ‘Kashkaval’ should be allowed to continue to be used within the territory of the Union, provided the principles and rules applicable in its legal order are respected.
(8) In addition, Greece and Germany agreed that the term ‘Kashkaval’ in the product specification and in the single document should always be followed by the word ‘Pindou’/’Πίνδου’ in order to make it clear that protection relates only to that compound name. To that end, both the single document and the product specification were amended.
(9) Moreover, Greece and Germany concluded that the Regulation entering the name ‘Κασκαβάλι Πίνδου / Kashkavali Pindou / Κασκαβάλ Πίνδου / Kashkaval Pindou’ in the register of protected designations of origin and protected geographical indications should include a recital that specifies the scope of the protection.
(10) The amendments to the single document and product specification are not considered substantial. Therefore, in accordance with Article 51(4) of Regulation (EU) No 1151/2012, the Commission did not repeat the scrutiny of the application and concluded that the conditions for registration were fulfilled. The consolidated version of the single document should, however, be published for information as an Annex to this Regulation.
(11) In the light of the above, the Commission considers the name ‘Κασκαβάλι Πίνδου / Kashkavali Pindou / Κασκαβάλ Πίνδου / Kashkaval Pindou’ (PGI) should be entered in the register of protected designations of origin and protected geographical indications,
HAS ADOPTED THIS REGULATION:
Article 1
The name ‘Κασκαβάλι Πίνδου / Kashkavali Pindou / Κασκαβάλ Πίνδου / Kashkaval Pindou’ (PGI) is registered.
Article 2
The name ‘Κασκαβάλι Πίνδου / Kashkavali Pindou / Κασκαβάλ Πίνδου / Kashkaval Pindou’ (PGI) should be protected as a whole, whereas the term ‘Kashkaval’ may continue to be used for products that do not comply with the product specification of ‘Κασκαβάλι Πίνδου / Kashkavali Pindou / Κασκαβάλ Πίνδου / Kashkaval Pindou’ within the territory of the Union, provided the principles and rules applicable in its legal order are respected.
Article 3
The consolidated version of the single document is set out in the Annex to this Regulation.
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, 25 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 11.4.2024 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).
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