COMMISSION IMPLEMENTING REGULATION (EU) 2015/48
of 14 January 2015
entering a name in the register of protected designations of origin and protected geographical indications [Vinagre de Montilla-Moriles (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)(b) thereof,
Whereas:
(1)
Regulation (EU) No 1151/2012 entered into force on 3 January 2013. It repealed and replaced Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural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 (2).
(2)
Pursuant to Article 6(2) of Regulation (EC) No 510/2006, Spain's application to register the name ‘Vinagre de Montilla-Moriles’ was published in the Official Journal of the European Union (3).
(3)
Italy objected to the registration in accordance with Article 7 of Regulation (EC) No 510/2006. The Commission has examined the statement of objection and deemed it admissible within the meaning of Article 10 of Regulation (EU) No 1151/2012. The statement of objection relates to the possible threat to the existence of a product which was legally on the market for at least five years prior to the date of publication or to products covered by the Protected Geographical Indication ‘Aceto Balsamico di Modena’, to non-compliance with the labelling provisions of Directive 2000/13/EC of the European Parliament and of the Council of 20 March 2000 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs (4) and to non-compliance with specific provisions concerning the marketing of the categories of grapevine products established by Council Regulation (EC) No 1234/2007 (5) [replaced by Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (6)].
(4)
In a letter dated 10 June 2013, the Commission asked Spain and Italy to seek agreement among themselves in accordance with Article 51(3) of Regulation (EU) No 1151/2012. Pursuant to that Article, Spain sent by letter of 10 October 2013 its report on the end of the consultation period. In a letter dated 25 October 2013, Italy reiterated its opposition to the registration, citing reasons different to those evoked originally. Since no agreement was reached between these Member States within three months, the Commission must take a decision in accordance with Article 52(3)(b) of the said Regulation.
(5)
As regards the possible threat to the existence of a product which was legally on the market for at least five years prior to the date of publication or to products covered by the Protected Geographical Indication ‘Aceto Balsamico di Modena’, it appears from an examination of the documents provided by the parties that that ground for opposition has not been established. Besides, Italy no longer invokes it as a reason for maintaining its opposition. Consequently that reason must be rejected.
(6)
As regards non-compliance with the provisions of Article 2 of Directive 2000/13/EC, the statement of opposition mentions that the specific labelling provisions concerning types of vinegar (añada, crianza, reserva, gran reserva, ‘Vinagre al Pedro Ximénez’ and ‘Vinagre al moscatel’) are ambiguous indications that may mislead the consumer, in particular as to the characteristics of the foodstuff. It appears from an examination of the documents provided by the parties that that ground for opposition has not been established. Besides, Italy no longer invokes it as a reason for maintaining its opposition. Consequently that reason must be rejected.
(7)
As regards non-compliance with specific provisions concerning the marketing of the categories of grapevine products established by Regulation (EC) No 1234/2007, Italy argues that ‘Vinagre de Montilla-Moriles’ cannot be eligible for the name ‘wine vinegar’ set out in Annex XIb, point 17 of Regulation (EC) No 1234/2007 (now Annex VII, part II, point 17 of Regulation (EU) No 1308/2013). Spain has changed the description of the product in the specification and in point 3.2 of the Single Document by distinguishing between ‘wine vinegar’ and vinegar made from ‘wine vinegar’. Consequently the use of the name 'wine vinegar' for the corresponding distinct product appears to comply with Annex VII, part II, point 17 of Regulation (EU) No 1308/2013. In accordance with Article 51(4) of Regulation (EU) No 1151/2012, this non-substantive amendment does not require a new examination of the application by the Commission.
(8)
As regards its decision to maintain its opposition, Italy claims that the registration application is contrary to Article 3(4) of Commission Regulation (EC) No 1898/2006 (7), as it covers two fundamentally different products that are not of the same type and that the name is not used to designate the two products, in particular the vinegar. It should be noted, firstly, that the said article [now Article 5 of Commission Implementing Regulation (EU) No 668/2014 (8)] does not preclude the registration of distinct products of the same type and, secondly, that Italy does not provide any evidence in support of its claims concerning the use of the name. Consequently that reason must be rejected.
(9)
In the light of the above, the name ‘Vinagre de Montilla-Moriles’ should be entered in the register of protected designations of origin and protected geographical indications and the Single Document should be updated accordingly and published.
(10)
The measures provided for in this Regulation are in accordance with the opinion of the Committee for agricultural product quality policy,
HAS ADOPTED THIS REGULATION:
Article 1
The name ‘Vinagre de Montilla-Moriles’ (PDO) is hereby entered in the register.
The name referred to in the first paragraph identifies a product in Class 1.8. Other products of Annex I to the Treaty (spices, etc.) in Annex XI to Implementing Regulation (EU) No 668/2014.
Article 2
The updated Single Document is contained in the Annex to this Regulation.
Article 3
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, 14 January 2015.