# Official Journal L 203/2010

| | ISSN 1725-2555
  doi:10.3000/17252555.L_2010.203.eng |
| --- | --- |
| Official Journal
  of the European Union | L 203 |
| | |
| English edition | Legislation | Volume 535 August 2010 |

ISSN 1725-2555

doi:10.3000/17252555.L_2010.203.eng

Official Journal

of the European Union

L 203

English edition

Legislation

Volume 535 August 2010

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| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Commission Regulation (EU) No 697/2010 of 4 August 2010 entering a name in the register of protected designations of origin and protected geographical indications (Lüneburger Heidekartoffeln (PGI)) | 1 |
| | * | Commission Regulation (EU) No 698/2010 of 4 August 2010 entering a name in the register of protected designations of origin and protected geographical indications (Mâconnais (PDO)) | 3 |
| | * | Commission Regulation (EU) No 699/2010 of 4 August 2010 entering a name in the register of protected designations of origin and protected geographical indications (Fagiolo Cannellino di Atina (PDO)) | 5 |
| | * | Commission Regulation (EU) No 700/2010 of 4 August 2010 entering a name in the register of protected designations of origin and protected geographical indications (Pemento de Herbón (PDO)) | 7 |
| | * | Commission Regulation (EU) No 701/2010 of 4 August 2010 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (PESCA e Nettarina di Romagna (PGI)) | 9 |
| | * | Commission Regulation (EU) No 702/2010 of 4 August 2010 entering a name in the register of protected designations of origin and protected geographical indications (Olomoucké tvarůžky (PGI)) | 11 |
| | * | Commission Regulation (EU) No 703/2010 of 4 August 2010 amending Regulation (EC) No 828/2009 laying down detailed rules of application for the marketing years 2009/10 to 2014/15 for the import and refining of sugar products of tariff heading 1701 under preferential agreements | 14 |
| | | Commission Regulation (EU) No 704/2010 of 4 August 2010 establishing the standard import values for determining the entry price of certain fruit and vegetables | 17 |
| | | Commission Regulation (EU) No 705/2010 of 4 August 2010 amending the representative prices and additional import duties for certain products in the sugar sector fixed by Regulation (EC) No 877/2009 for the 2009/10 marketing year | 19 |

Contents

II   Non-legislative acts

page

REGULATIONS

*

Commission Regulation (EU) No 697/2010 of 4 August 2010 entering a name in the register of protected designations of origin and protected geographical indications (Lüneburger Heidekartoffeln (PGI))

1

*

Commission Regulation (EU) No 698/2010 of 4 August 2010 entering a name in the register of protected designations of origin and protected geographical indications (Mâconnais (PDO))

3

*

Commission Regulation (EU) No 699/2010 of 4 August 2010 entering a name in the register of protected designations of origin and protected geographical indications (Fagiolo Cannellino di Atina (PDO))

5

*

Commission Regulation (EU) No 700/2010 of 4 August 2010 entering a name in the register of protected designations of origin and protected geographical indications (Pemento de Herbón (PDO))

7

*

Commission Regulation (EU) No 701/2010 of 4 August 2010 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (PESCA e Nettarina di Romagna (PGI))

9

*

Commission Regulation (EU) No 702/2010 of 4 August 2010 entering a name in the register of protected designations of origin and protected geographical indications (Olomoucké tvarůžky (PGI))

11

*

Commission Regulation (EU) No 703/2010 of 4 August 2010 amending Regulation (EC) No 828/2009 laying down detailed rules of application for the marketing years 2009/10 to 2014/15 for the import and refining of sugar products of tariff heading 1701 under preferential agreements

14

Commission Regulation (EU) No 704/2010 of 4 August 2010 establishing the standard import values for determining the entry price of certain fruit and vegetables

17

Commission Regulation (EU) No 705/2010 of 4 August 2010 amending the representative prices and additional import duties for certain products in the sugar sector fixed by Regulation (EC) No 877/2009 for the 2009/10 marketing year

19

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.

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II Non-legislative acts

REGULATIONS

| 5.8.2010 | EN | Official Journal of the European Union | L 203/1 |
| --- | --- | --- | --- |

5.8.2010

EN

Official Journal of the European Union

L 203/1

---

COMMISSION REGULATION (EU) No 697/2010

of 4 August 2010

entering a name in the register of protected designations of origin and protected geographical indications (Lüneburger Heidekartoffeln (PGI))

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular the first subparagraph of Article 7(4) thereof,

Whereas:

| (1) | Pursuant to the first subparagraph of Article 6(2) of Regulation (EC) No 510/2006, Germany’s application to register the name ‘Lüneburger Heidekartoffeln’ was published in the Official Journal of the European Union (2). |
| --- | --- |

(1)

Pursuant to the first subparagraph of Article 6(2) of Regulation (EC) No 510/2006, Germany’s application to register the name ‘Lüneburger Heidekartoffeln’ was published in the Official Journal of the European Union (2).

| (2) | As no statement of objection under Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, that name should therefore be entered in the register, |
| --- | --- |

(2)

As no statement of objection under Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, that name should therefore be entered in the register,

HAS ADOPTED THIS REGULATION:

Article 1

The name contained in the Annex to this Regulation is hereby entered in the register.

Article 2

This Regulation shall enter into force on the 20th day following 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 August 2010.

For the Commission

The President

José Manuel BARROSO

---

(1)  
  OJ L 93, 31.3.2006, p. 12.

1

(2)  
  OJ C 305, 16.12.2009, p. 24.

2

---

ANNEX

Agricultural products intended for human consumption listed in Annex I to the Treaty:

Class 1.6.   Fruit, vegetables and cereals, fresh or processed

GERMANY

Lüneburger Heidekartoffeln (PGI)

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| 5.8.2010 | EN | Official Journal of the European Union | L 203/3 |
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5.8.2010

EN

Official Journal of the European Union

L 203/3

---

COMMISSION REGULATION (EU) No 698/2010

of 4 August 2010

entering a name in the register of protected designations of origin and protected geographical indications (Mâconnais (PDO))

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular the first subparagraph of Article 7(4) thereof,

Whereas:

| (1) | Pursuant to the first subparagraph of Article 6(2) of Regulation (EC) No 510/2006, France’s application to register the name ‘Mâconnais’ was published in the Official Journal of the European Union (2). |
| --- | --- |

(1)

Pursuant to the first subparagraph of Article 6(2) of Regulation (EC) No 510/2006, France’s application to register the name ‘Mâconnais’ was published in the Official Journal of the European Union (2).

| (2) | As no statement of objection under Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, that name should therefore be entered in the register, |
| --- | --- |

(2)

As no statement of objection under Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, that name should therefore be entered in the register,

HAS ADOPTED THIS REGULATION:

Article 1

The name contained in the Annex to this Regulation is hereby entered in the register.

Article 2

This Regulation shall enter into force on the 20th day following 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 August 2010.

For the Commission

The President

José Manuel BARROSO

---

(1)  
  OJ L 93, 31.3.2006, p. 12.

1

(2)  
  OJ C 308, 18.12.2009, p. 47.

2

---

ANNEX

Agricultural products intended for human consumption listed in Annex I to the Treaty:

Class 1.3.   Cheeses

FRANCE

Mâconnais (PDO)

---

| 5.8.2010 | EN | Official Journal of the European Union | L 203/5 |
| --- | --- | --- | --- |

5.8.2010

EN

Official Journal of the European Union

L 203/5

---

COMMISSION REGULATION (EU) No 699/2010

of 4 August 2010

entering a name in the register of protected designations of origin and protected geographical indications (Fagiolo Cannellino di Atina (PDO))

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular the first subparagraph of Article 7(4) thereof,

Whereas:

| (1) | Pursuant to the first subparagraph of Article 6(2) of Regulation (EC) No 510/2006, Italy’s application to register the name ‘Fagiolo Cannellino di Atina’ was published in the Official Journal of the European Union (2). |
| --- | --- |

(1)

Pursuant to the first subparagraph of Article 6(2) of Regulation (EC) No 510/2006, Italy’s application to register the name ‘Fagiolo Cannellino di Atina’ was published in the Official Journal of the European Union (2).

| (2) | As no statement of objection under Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, that name should therefore be entered in the register, |
| --- | --- |

(2)

As no statement of objection under Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, that name should therefore be entered in the register,

HAS ADOPTED THIS REGULATION:

Article 1

The name contained in the Annex to this Regulation is hereby entered in the register.

Article 2

This Regulation shall enter into force on the 20th day following 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 August 2010.

For the Commission

The President

José Manuel BARROSO

---

(1)  
  OJ L 93, 31.3.2006, p. 12.

1

(2)  
  OJ C 300, 10.12.2009, p. 24.

2

---

ANNEX

Agricultural products intended for human consumption listed in Annex I to the Treaty:

Class 1.6.   Fruit, vegetables and cereals, fresh or processed

ITALY

Fagiolo Cannellino di Atina (PDO)

---

| 5.8.2010 | EN | Official Journal of the European Union | L 203/7 |
| --- | --- | --- | --- |

5.8.2010

EN

Official Journal of the European Union

L 203/7

---

COMMISSION REGULATION (EU) No 700/2010

of 4 August 2010

entering a name in the register of protected designations of origin and protected geographical indications (Pemento de Herbón (PDO))

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular the first subparagraph of Article 7(4) thereof,

Whereas:

| (1) | Pursuant to the first subparagraph of Article 6(2) and in accordance with Article 17(2) of Regulation (EC) No 510/2006, Spain’s application to register the name ‘Pemento de Herbón’ was published in the Official Journal of the European Union (2). |
| --- | --- |

(1)

Pursuant to the first subparagraph of Article 6(2) and in accordance with Article 17(2) of Regulation (EC) No 510/2006, Spain’s application to register the name ‘Pemento de Herbón’ was published in the Official Journal of the European Union (2).

| (2) | As no statement of objection under Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, that name should therefore be entered in the register, |
| --- | --- |

(2)

As no statement of objection under Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, that name should therefore be entered in the register,

HAS ADOPTED THIS REGULATION:

Article 1

The name contained in the Annex to this Regulation is hereby entered in the register.

Article 2

This Regulation shall enter into force on the 20th day following 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 August 2010.

For the Commission

The President

José Manuel BARROSO

---

(1)  
  OJ L 93, 31.3.2006, p. 12.

1

(2)  
  OJ C 308, 18.12.2009, p. 51.

2

---

ANNEX

Agricultural products intended for human consumption listed in Annex I to the Treaty:

Class 1.6.   Fruit, vegetables and cereals, fresh or processed

SPAIN

Pemento de Herbón (PDO)

---

| 5.8.2010 | EN | Official Journal of the European Union | L 203/9 |
| --- | --- | --- | --- |

5.8.2010

EN

Official Journal of the European Union

L 203/9

---

COMMISSION REGULATION (EU) No 701/2010

of 4 August 2010

approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (PESCA e Nettarina di Romagna (PGI))

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular the first subparagraph of Article 7(4) thereof,

Whereas:

| (1) | Pursuant to the first subparagraph of Article 9(1) of Regulation (EC) No 510/2006 and in accordance with Article 17(2) thereof, the Commission has examined Italy’s application for the approval of amendments to the specification for the protected geographical indication ‘PESCA e Nettarina di Romagna’ registered under Commission Regulation (EC) No 1107/96 (2), as amended by Regulation (EC) No 134/98 (3). |
| --- | --- |

(1)

Pursuant to the first subparagraph of Article 9(1) of Regulation (EC) No 510/2006 and in accordance with Article 17(2) thereof, the Commission has examined Italy’s application for the approval of amendments to the specification for the protected geographical indication ‘PESCA e Nettarina di Romagna’ registered under Commission Regulation (EC) No 1107/96 (2), as amended by Regulation (EC) No 134/98 (3).

| (2) | Since the amendments in question are not minor within the meaning of Article 9 of Regulation (EC) No 510/2006, the Commission published the amendment application in the Official Journal of the European Union (4), as required by the first subparagraph of Article 6(2) of that Regulation. As no statement of objection within the meaning of Article 7 of Regulation (EC) No 510/2006 has been sent to the Commission, the amendments should be approved, |
| --- | --- |

(2)

Since the amendments in question are not minor within the meaning of Article 9 of Regulation (EC) No 510/2006, the Commission published the amendment application in the Official Journal of the European Union (4), as required by the first subparagraph of Article 6(2) of that Regulation. As no statement of objection within the meaning of Article 7 of Regulation (EC) No 510/2006 has been sent to the Commission, the amendments should be approved,

HAS ADOPTED THIS REGULATION:

Article 1

The amendments to the specification published in the Official Journal of the European Union regarding the name in the Annex to this Regulation are hereby approved.

Article 2

This Regulation shall enter into force on the 20th day following 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 August 2010.

For the Commission

The President

José Manuel BARROSO

---

(1)  
  OJ L 93, 31.3.2006, p. 12.

1

(2)  
  OJ L 148, 21.6.1996, p. 1.

2

(3)  
  OJ L 15, 21.1.1998, p. 6.

3

(4)  
  OJ C 313, 22.12.2009, p. 27.

4

---

ANNEX

Agricultural products intended for human consumption listed in Annex I to the Treaty:

Class 1.6.   Fruit, vegetables and cereals, fresh or processed

ITALY

PESCA e Nettarina di Romagna (PGI)

---

| 5.8.2010 | EN | Official Journal of the European Union | L 203/11 |
| --- | --- | --- | --- |

5.8.2010

EN

Official Journal of the European Union

L 203/11

---

COMMISSION REGULATION (EU) No 702/2010

of 4 August 2010

entering a name in the register of protected designations of origin and protected geographical indications (Olomoucké tvarůžky (PGI))

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular the third subparagraph of Article 7(5) thereof,

Whereas:

| (1) | Pursuant to the first subparagraph of Article 6(2) and in accordance with Article 17(2) of Regulation (EC) No 510/2006, the Czech Republic’s application to register the name ‘Olomoucké tvarůžky’ was published in the Official Journal of the European Union (2). |
| --- | --- |

(1)

Pursuant to the first subparagraph of Article 6(2) and in accordance with Article 17(2) of Regulation (EC) No 510/2006, the Czech Republic’s application to register the name ‘Olomoucké tvarůžky’ was published in the Official Journal of the European Union (2).

| (2) | Germany, on 7 January 2008, and Austria, on 31 January 2008 and 4 February 2008, submitted objections to the registration under Article 7(1) of Regulation (EC) No 510/2006. The objections were deemed admissible under points (a), (c) and (d) of the first subparagraph of Article 7(3) of that Regulation. |
| --- | --- |

(2)

Germany, on 7 January 2008, and Austria, on 31 January 2008 and 4 February 2008, submitted objections to the registration under Article 7(1) of Regulation (EC) No 510/2006. The objections were deemed admissible under points (a), (c) and (d) of the first subparagraph of Article 7(3) of that Regulation.

| (3) | By letters dated 6 May 2008, the Commission asked the Member States concerned to seek agreement among themselves in accordance with their internal procedures. |
| --- | --- |

(3)

By letters dated 6 May 2008, the Commission asked the Member States concerned to seek agreement among themselves in accordance with their internal procedures.

| (4) | Given that no agreement was reached between the Czech Republic and Austria nor between the Czech Republic and Germany within the designated time-frame, the Commission should adopt a decision in accordance with the procedure referred to in Article 15(2) of Regulation (EC) No 510/2006. |
| --- | --- |

(4)

Given that no agreement was reached between the Czech Republic and Austria nor between the Czech Republic and Germany within the designated time-frame, the Commission should adopt a decision in accordance with the procedure referred to in Article 15(2) of Regulation (EC) No 510/2006.

| (5) | Concerning the alleged failure of compliance with Article 2 in respect of the lack of specificity of the product, the product specification sets out details relating to the production process and characteristics of the final product, in particular the organoleptic characteristics thereof, that do not give rise to there being any manifest error. |
| --- | --- |

(5)

Concerning the alleged failure of compliance with Article 2 in respect of the lack of specificity of the product, the product specification sets out details relating to the production process and characteristics of the final product, in particular the organoleptic characteristics thereof, that do not give rise to there being any manifest error.

| (6) | Regarding the objection that pursuant to Article 5(1) of Regulation (EC) No 510/2006 only a group shall be entitled to apply for registration it is to be noted that in the present case the applicant group was a single company that met the conditions for filing an application set out in Article 2 of Commission Regulation (EC) No 1898/2006 (3), which lays down detailed rules of implementation of Regulation (EC) No 510/2006. Moreover, the applicant is the only producer in the designated region and the only producer of such a cheese in that area or its surrounding areas. |
| --- | --- |

(6)

Regarding the objection that pursuant to Article 5(1) of Regulation (EC) No 510/2006 only a group shall be entitled to apply for registration it is to be noted that in the present case the applicant group was a single company that met the conditions for filing an application set out in Article 2 of Commission Regulation (EC) No 1898/2006 (3), which lays down detailed rules of implementation of Regulation (EC) No 510/2006. Moreover, the applicant is the only producer in the designated region and the only producer of such a cheese in that area or its surrounding areas.

| (7) | The terms ‘Olmützer Quargel’ and ‘Olomoucké tvarůžky’ were found to be names of similar cheeses in German and Czech languages respectively and that the terms have common historic origins referring to the town of Olomouc in the Czech Republic. The statements of objection from Austria showed that trade marks including the term ‘Olmützer Quargel’ had been registered prior to the application for registration of the term ‘Olomoucké tvarůžky’ as a protected geographical indication. As the names have common origins and given the visual similarities between the products, the application of the protection envisaged by Article 13 of Regulation (EC) No 510/2006, and in particular point (b) of paragraph 1 thereof, could have the result that ‘Olomoucké tvarůžky’, if registered, would be found by a competent court to be protected against the use of the name ‘Olmützer Quargel’. The evidence therefore shows that the continued existence of the name ‘Olmützer Quargel’ would be jeopardised by the registration of ‘Olomoucké tvarůžky’, in accordance with Article 7(3)(c) of Regulation (EC) No 510/2006. Moreover, the evidence shows that the use of the name ‘Olmützer Quargel’ referred to a product having a common origin with ‘Olomoucké tvarůžky’, but was generally not meant to exploit the reputation of the latter name. For these reasons, and in the interests of fairness and traditional usage, the maximum transitional period foreseen by Article 13(3) of Regulation (EC) No 510/2006 should be foreseen. |
| --- | --- |

(7)

The terms ‘Olmützer Quargel’ and ‘Olomoucké tvarůžky’ were found to be names of similar cheeses in German and Czech languages respectively and that the terms have common historic origins referring to the town of Olomouc in the Czech Republic. The statements of objection from Austria showed that trade marks including the term ‘Olmützer Quargel’ had been registered prior to the application for registration of the term ‘Olomoucké tvarůžky’ as a protected geographical indication. As the names have common origins and given the visual similarities between the products, the application of the protection envisaged by Article 13 of Regulation (EC) No 510/2006, and in particular point (b) of paragraph 1 thereof, could have the result that ‘Olomoucké tvarůžky’, if registered, would be found by a competent court to be protected against the use of the name ‘Olmützer Quargel’. The evidence therefore shows that the continued existence of the name ‘Olmützer Quargel’ would be jeopardised by the registration of ‘Olomoucké tvarůžky’, in accordance with Article 7(3)(c) of Regulation (EC) No 510/2006. Moreover, the evidence shows that the use of the name ‘Olmützer Quargel’ referred to a product having a common origin with ‘Olomoucké tvarůžky’, but was generally not meant to exploit the reputation of the latter name. For these reasons, and in the interests of fairness and traditional usage, the maximum transitional period foreseen by Article 13(3) of Regulation (EC) No 510/2006 should be foreseen.

| (8) | Concerning trade marks containing the term ‘Olmützer Quargel’ that were protected through registration or acquired by use prior to the application for registration of ‘Olomoucké tvarůžky’, the conditions of Article 14(1) of Regulation (EC) No 510/2006 not being met, the said trade marks cannot be invalidated nor can their continued use be hindered by virtue of the registration of ‘Olomoucké tvarůžky’ as a protected geographical indication, provided the general requirements under trademark legislation are otherwise met. |
| --- | --- |

(8)

Concerning trade marks containing the term ‘Olmützer Quargel’ that were protected through registration or acquired by use prior to the application for registration of ‘Olomoucké tvarůžky’, the conditions of Article 14(1) of Regulation (EC) No 510/2006 not being met, the said trade marks cannot be invalidated nor can their continued use be hindered by virtue of the registration of ‘Olomoucké tvarůžky’ as a protected geographical indication, provided the general requirements under trademark legislation are otherwise met.

| (9) | The prohibition on registration of names that have become generic laid down in Article 3(1) of Regulation (EC) No 510/2006 refers to the whole name proposed for registration. This does not prevent the registration of a name composed of more than one part, even if a component part of the name or a translation thereof may have generic status, provided the name as a whole has not become generic. Furthermore, a statement of objection pursuant to Article 7(3)(d) of the said Regulation, regarding the generic status of a name, is limited to the name for which registration is requested. While the name proposed for registration is ‘Olomoucké tvarůžky’ the evidence provided in the statements of objection referred to the alleged general use of the term ‘Olmützer Quargel’ in Germany and Austria, and not to that of ‘Olomoucké tvarůžky’. No evidence has been provided in the statements of objection to show general usage comprising or including the name proposed for registration. |
| --- | --- |

(9)

The prohibition on registration of names that have become generic laid down in Article 3(1) of Regulation (EC) No 510/2006 refers to the whole name proposed for registration. This does not prevent the registration of a name composed of more than one part, even if a component part of the name or a translation thereof may have generic status, provided the name as a whole has not become generic. Furthermore, a statement of objection pursuant to Article 7(3)(d) of the said Regulation, regarding the generic status of a name, is limited to the name for which registration is requested. While the name proposed for registration is ‘Olomoucké tvarůžky’ the evidence provided in the statements of objection referred to the alleged general use of the term ‘Olmützer Quargel’ in Germany and Austria, and not to that of ‘Olomoucké tvarůžky’. No evidence has been provided in the statements of objection to show general usage comprising or including the name proposed for registration.

| (10) | Whereas protection is granted for the term ‘Olomoucké tvarůžky’ as a whole, the non-geographical component of that term may be used, and used in translation, throughout the Union, provided the principles and rules applicable in the Union’s legal order are respected. |
| --- | --- |

(10)

Whereas protection is granted for the term ‘Olomoucké tvarůžky’ as a whole, the non-geographical component of that term may be used, and used in translation, throughout the Union, provided the principles and rules applicable in the Union’s legal order are respected.

| (11) | In the light of the above, the name ‘Olomoucké tvarůžky’ should be entered in the register of protected designations of origin and protected geographical indications subject to a transitional period of five years during which time the term ‘Olmützer Quargel’ may continue to be used in circumstances that, but for the transitional period, could be contrary to the protection provided for by Article 13(1) of Regulation (EC) No 510/2006. |
| --- | --- |

(11)

In the light of the above, the name ‘Olomoucké tvarůžky’ should be entered in the register of protected designations of origin and protected geographical indications subject to a transitional period of five years during which time the term ‘Olmützer Quargel’ may continue to be used in circumstances that, but for the transitional period, could be contrary to the protection provided for by Article 13(1) of Regulation (EC) No 510/2006.

| (12) | 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, |
| --- | --- |

(12)

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 name contained in the Annex to this Regulation shall be entered in the register.

Article 2

The term ‘Olmützer Quargel’ may be used to designate cheese not complying with the specification for ‘Olomoucké tvarůžky’ for a period of five years from the date of entry into force of this Regulation.

Article 3

This Regulation shall enter into force on the 20th day following 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 August 2010.

For the Commission

The President

José Manuel BARROSO

---

(1)  
  OJ L 93, 31.3.2006, p. 12.

1

(2)  
  OJ C 182, 4.8.2007, p. 20.

2

(3)  
  OJ L 369, 23.12.2006, p. 1.

3

---

ANNEX

Agricultural products intended for the human consumption listed in Annex I of the Treaty:

Class 1.3.   Cheeses

CZECH REPUBLIC

Olomoucké tvarůžky (PGI)

---

| 5.8.2010 | EN | Official Journal of the European Union | L 203/14 |
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5.8.2010

EN

Official Journal of the European Union

L 203/14

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COMMISSION REGULATION (EU) No 703/2010

of 4 August 2010

amending Regulation (EC) No 828/2009 laying down detailed rules of application for the marketing years 2009/10 to 2014/15 for the import and refining of sugar products of tariff heading 1701 under preferential agreements

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 1528/2007 of 20 December 2007 applying the arrangements for products originating in certain states which are part of the African, Caribbean and Pacific (ACP) Group of States provided for in agreements establishing, or leading to the establishment of, Economic Partnership Agreements (1), and in particular Article 9(5) thereof,

Having regard to Council Regulation (EC) No 732/2008 of 22 July 2008 applying a scheme of generalised tariff preferences for the period from 1 January 2009 to 31 December 2011 and amending Regulations (EC) No 552/97, (EC) No 1933/2006 and Commission Regulations (EC) No 1100/2006 and (EC) No 964/2007 (2), and in particular Article 11(7) thereof,

Whereas:

| (1) | Pursuant to Article 1(4) of Commission Regulation (EC) No 828/2009 of 10 September 2009 laying down detailed rules of application for the marketing years 2009/10 to 2014/15 for the import and refining of sugar products of tariff heading 1701 under preferential agreements (3), a country listed in Annex I to Regulation (EC) No 1528/2007 or in Annex I to Regulation (EC) No 732/2008 is eligible to be added to Annex I to Regulation (EC) No 828/2009. However, according to Article 11(1) of Regulation (EC) No 732/2008, only least-developed countries listed in Annex I to that Regulation are eligible. |
| --- | --- |

(1)

Pursuant to Article 1(4) of Commission Regulation (EC) No 828/2009 of 10 September 2009 laying down detailed rules of application for the marketing years 2009/10 to 2014/15 for the import and refining of sugar products of tariff heading 1701 under preferential agreements (3), a country listed in Annex I to Regulation (EC) No 1528/2007 or in Annex I to Regulation (EC) No 732/2008 is eligible to be added to Annex I to Regulation (EC) No 828/2009. However, according to Article 11(1) of Regulation (EC) No 732/2008, only least-developed countries listed in Annex I to that Regulation are eligible.

| (2) | Burkina Faso is a least-developed country listed in Annex I to Regulation (EC) No 732/2008 and has requested to the Commission to be listed in Annex I to Regulation (EC) No 828/2009. Burkina Faso produces sugar and is therefore a potential exporter to the European Union. |
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(2)

Burkina Faso is a least-developed country listed in Annex I to Regulation (EC) No 732/2008 and has requested to the Commission to be listed in Annex I to Regulation (EC) No 828/2009. Burkina Faso produces sugar and is therefore a potential exporter to the European Union.

| (3) | Article 11(2) of Regulation (EC) No 828/2009 provides penalties if imported sugar, which is not intended for refining, is refined. However, these penalties should not apply if justified and exceptional technical reasons are approved by Member States. |
| --- | --- |

(3)

Article 11(2) of Regulation (EC) No 828/2009 provides penalties if imported sugar, which is not intended for refining, is refined. However, these penalties should not apply if justified and exceptional technical reasons are approved by Member States.

| (4) | Regulation (EC) No 828/2009 should therefore be amended accordingly. |
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(4)

Regulation (EC) No 828/2009 should therefore be amended accordingly.

| (5) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets, |
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(5)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 828/2009 is amended as follows:

| 1. | In Article 1, paragraph 4 is replaced by the following:

  ‘4.   A country listed in Annex I to Regulation (EC) No 1528/2007 or listed as least-developed country in Annex I to Regulation (EC) No 732/2008 shall be added on its own request to Annex I to this Regulation.’; |
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1.

In Article 1, paragraph 4 is replaced by the following:

‘4.   A country listed in Annex I to Regulation (EC) No 1528/2007 or listed as least-developed country in Annex I to Regulation (EC) No 732/2008 shall be added on its own request to Annex I to this Regulation.’;

| 2. | In Article 9(4), a second subparagraph is added:
  ‘Member States shall notify the Commission before 1 March and for the previous marketing year of the quantities of sugar which has actually been imported, broken down by reference number and country of origin and expressed in kilograms white sugar equivalent.’; |
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2.

In Article 9(4), a second subparagraph is added:

‘Member States shall notify the Commission before 1 March and for the previous marketing year of the quantities of sugar which has actually been imported, broken down by reference number and country of origin and expressed in kilograms white sugar equivalent.’;

| 3. | In Article 11(2), the second subparagraph is replaced by the following:
  ‘Producers shall pay, before 1 June following the marketing year concerned, an amount equal to EUR 500 per tonne for the quantities of sugar referred to in point (c) of the first subparagraph, for which they cannot provide a proof, acceptable to a Member State, that refining took place for justified and exceptional technical reasons.’; |
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3.

In Article 11(2), the second subparagraph is replaced by the following:

‘Producers shall pay, before 1 June following the marketing year concerned, an amount equal to EUR 500 per tonne for the quantities of sugar referred to in point (c) of the first subparagraph, for which they cannot provide a proof, acceptable to a Member State, that refining took place for justified and exceptional technical reasons.’;

| 4. | Part I of Annex I to Regulation (EC) No 828/2009 is replaced by the Annex to this Regulation. |
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4.

Part I of Annex I to Regulation (EC) No 828/2009 is replaced by the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the third day following 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 August 2010.

For the Commission

The President

José Manuel BARROSO

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(1)  
  OJ L 348, 31.12.2007, p. 1.

1

(2)  
  OJ L 211, 6.8.2008, p. 1.

2

(3)  
  OJ L 240, 11.9.2009, p. 14.

3

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ANNEX

‘Part I:   Least Developed Countries

| Group Label | Third Country | Reference number |
| --- | --- | --- |
| NON-ACP-LDC | Bangladesh
  Cambodia
  Laos
  Nepal | 09.4221 |
| ACP-LDC | Benin
  Burkina Faso
  Democratic Republic of Congo
  Ethiopia
  Madagascar
  Malawi
  Mozambique
  Senegal
  Sierra Leone
  Sudan
  Tanzania
  Togo
  Zambia | 09.4231’ |

Group Label

Third Country

Reference number

NON-ACP-LDC

Bangladesh

Cambodia

Laos

Nepal

09.4221

ACP-LDC

Benin

Burkina Faso

Democratic Republic of Congo

Ethiopia

Madagascar

Malawi

Mozambique

Senegal

Sierra Leone

Sudan

Tanzania

Togo

Zambia

09.4231’

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| 5.8.2010 | EN | Official Journal of the European Union | L 203/17 |
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5.8.2010

EN

Official Journal of the European Union

L 203/17

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COMMISSION REGULATION (EU) No 704/2010

of 4 August 2010

establishing the standard import values for determining the entry price of certain fruit and vegetables

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),

Having regard to Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules for Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (2), and in particular Article 138(1) thereof,

Whereas:

Regulation (EC) No 1580/2007 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XV, Part A thereto,

HAS ADOPTED THIS REGULATION:

Article 1

The standard import values referred to in Article 138 of Regulation (EC) No 1580/2007 are fixed in the Annex hereto.

Article 2

This Regulation shall enter into force on 5 August 2010.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 4 August 2010.

For the Commission, On behalf of the President,

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development

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(1)  
  OJ L 299, 16.11.2007, p. 1.

1

(2)  
  OJ L 350, 31.12.2007, p. 1.

2

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ANNEX

Standard import values for determining the entry price of certain fruit and vegetables

| (EUR/100 kg) |
| --- |
| CN code | Third country code (1) | Standard import value |
| 0702 00 00 | MK | 27,7 |
| TR | 50,2 |
| ZZ | 39,0 |
| 0707 00 05 | TR | 105,8 |
| ZZ | 105,8 |
| 0709 90 70 | TR | 115,5 |
| ZZ | 115,5 |
| 0805 50 10 | AR | 144,3 |
| UY | 85,2 |
| ZA | 104,3 |
| ZZ | 111,3 |
| 0806 10 10 | CL | 129,8 |
| EG | 151,3 |
| IL | 126,4 |
| MA | 145,4 |
| TR | 144,5 |
| ZA | 98,7 |
| ZZ | 132,7 |
| 0808 10 80 | AR | 85,0 |
| BR | 69,5 |
| CL | 106,8 |
| CN | 69,8 |
| NZ | 109,9 |
| US | 87,0 |
| UY | 112,9 |
| ZA | 93,9 |
| ZZ | 91,9 |
| 0808 20 50 | AR | 87,5 |
| CL | 183,7 |
| CN | 93,7 |
| NZ | 163,3 |
| ZA | 91,3 |
| ZZ | 123,9 |
| 0809 20 95 | TR | 182,0 |
| ZZ | 182,0 |
| 0809 30 | TR | 167,6 |
| ZZ | 167,6 |
| 0809 40 05 | BA | 62,1 |
| IL | 170,0 |
| XS | 70,3 |
| ZZ | 100,8 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

MK

27,7

TR

50,2

ZZ

39,0

0707 00 05

TR

105,8

ZZ

105,8

0709 90 70

TR

115,5

ZZ

115,5

0805 50 10

AR

144,3

UY

85,2

ZA

104,3

ZZ

111,3

0806 10 10

CL

129,8

EG

151,3

IL

126,4

MA

145,4

TR

144,5

ZA

98,7

ZZ

132,7

0808 10 80

AR

85,0

BR

69,5

CL

106,8

CN

69,8

NZ

109,9

US

87,0

UY

112,9

ZA

93,9

ZZ

91,9

0808 20 50

AR

87,5

CL

183,7

CN

93,7

NZ

163,3

ZA

91,3

ZZ

123,9

0809 20 95

TR

182,0

ZZ

182,0

0809 30

TR

167,6

ZZ

167,6

0809 40 05

BA

62,1

IL

170,0

XS

70,3

ZZ

100,8

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(1)  Nomenclature of countries laid down by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘
  ZZ
  ’ stands for ‘of other origin’.

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| 5.8.2010 | EN | Official Journal of the European Union | L 203/19 |
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5.8.2010

EN

Official Journal of the European Union

L 203/19

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COMMISSION REGULATION (EU) No 705/2010

of 4 August 2010

amending the representative prices and additional import duties for certain products in the sugar sector fixed by Regulation (EC) No 877/2009 for the 2009/10 marketing year

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (single CMO Regulation) (1),

Having regard to Commission Regulation (EC) No 951/2006 of 30 June 2006 laying down detailed rules for the implementation of Council Regulation (EC) No 318/2006 as regards trade with third countries in the sugar sector (2), and in particular Article 36(2), second subparagraph, second sentence thereof,

Whereas:

| (1) | The representative prices and additional duties applicable to imports of white sugar, raw sugar and certain syrups for the 2009/10 marketing year are fixed by Commission Regulation (EC) No 877/2009 (3). These prices and duties have been last amended by Commission Regulation (EU) No 696/2010 (4). |
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(1)

The representative prices and additional duties applicable to imports of white sugar, raw sugar and certain syrups for the 2009/10 marketing year are fixed by Commission Regulation (EC) No 877/2009 (3). These prices and duties have been last amended by Commission Regulation (EU) No 696/2010 (4).

| (2) | The data currently available to the Commission indicate that those amounts should be amended in accordance with the rules and procedures laid down in Regulation (EC) No 951/2006, |
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(2)

The data currently available to the Commission indicate that those amounts should be amended in accordance with the rules and procedures laid down in Regulation (EC) No 951/2006,

HAS ADOPTED THIS REGULATION:

Article 1

The representative prices and additional duties applicable to imports of the products referred to in Article 36 of Regulation (EC) No 951/2006, as fixed by Regulation (EC) No 877/2009 for the 2009/10, marketing year, are hereby amended as set out in the Annex hereto.

Article 2

This Regulation shall enter into force on 5 August 2010.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 4 August 2010.

For the Commission, On behalf of the President,

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development

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(1)  
  OJ L 299, 16.11.2007, p. 1.

1

(2)  
  OJ L 178, 1.7.2006, p. 24.

2

(3)  
  OJ L 253, 25.9.2009, p. 3.

3

(4)  
  OJ L 202, 4.8.2010, p. 3.

4

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ANNEX

Amended representative prices and additional import duties applicable to white sugar, raw sugar and products covered by CN code 1702 90 95 from 5 August 2010

| (EUR) |
| --- |
| CN code | Representative price per 100 kg net of the product concerned | Additional duty per 100 kg net of the product concerned |
| 1701 11 10  (1) | 42,59 | 0,00 |
| 1701 11 90  (1) | 42,59 | 2,13 |
| 1701 12 10  (1) | 42,59 | 0,00 |
| 1701 12 90  (1) | 42,59 | 1,83 |
| 1701 91 00  (2) | 41,28 | 5,09 |
| 1701 99 10  (2) | 41,28 | 1,95 |
| 1701 99 90  (2) | 41,28 | 1,95 |
| 1702 90 95  (3) | 0,41 | 0,27 |

(EUR)

CN code

Representative price per 100 kg net of the product concerned

Additional duty per 100 kg net of the product concerned

1701 11 10  (1)

42,59

0,00

1701 11 90  (1)

42,59

2,13

1701 12 10  (1)

42,59

0,00

1701 12 90  (1)

42,59

1,83

1701 91 00  (2)

41,28

5,09

1701 99 10  (2)

41,28

1,95

1701 99 90  (2)

41,28

1,95

1702 90 95  (3)

0,41

0,27

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(1)  For the standard quality defined in point III of Annex IV to Regulation (EC) No 1234/2007.

(2)  For the standard quality defined in point II of Annex IV to Regulation (EC) No 1234/2007.

(3)  Per 1 % sucrose content.

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