COMMISSION IMPLEMENTING REGULATION (EU) No 120/2013
of 11 February 2013
entering a name in the register of protected designations of origin and protected geographical indications ( (Khao Hom Mali Thung Kula Rong-Hai) (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 of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(3)(b) thereof,
Whereas:
(1)
Pursuant to Article 6(2) of 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), an application from Thailand received on 20 November 2008 to register the name ‘
(Khao Hom Mali Thung Kula Rong-Hai)’ as a protected geographical indication was published in the Official Journal of the European Union (3).
(2)
Belgium, France, Italy, the Netherlands and the United Kingdom lodged objections to such registration under Article 7(1) of Regulation (EC) No 510/2006. The objections were deemed admissible under points (a), (b), (c) and (d) the first subparagraph of Article 7(3) thereof.
(3)
By letter dated 14 March 2011, the Commission asked the Parties concerned to seek agreement among themselves in accordance with their internal procedures.
(4)
An agreement was reached between Thailand and France. Given that no agreement was reached within the designated timeframe of six months between Thailand and the Netherlands, and that only a partial agreement was reached within such timeframe between Thailand and Belgium, Italy and the United Kingdom, the Commission should adopt a decision.
(5)
With regard to the definition of the geographical area for production, processing and packaging, France pointed out an inconsistency between the Single Document and the national legislation of Thailand that allowed processing and packaging outside the geographical area of production. Thailand recognised the inconsistency and amended its national registration as well as the Single Document to clarify that there is only one single geographical area of production, processing and packaging.
(6)
With regard to the scope of protection of the name ‘
(Khao Hom Mali Thung Kula Rong-Hai)’, Belgium, France, Italy, the United Kingdom and Thailand reached an agreement that the protection should be limited to the name as a whole. Thailand confirmed that no protection for the term ‘Khao Hom Mali’, in itself, was sought under Regulation (EC) No 510/2006. The Netherlands and Thailand did not reach an agreement. The Netherlands requested a clear indication that it is possible to use the non-geographical parts of the name, whilst Thailand made clear its anxiety on the impact of such a formulation on a trade mark registered in the European Union.
(7)
The protection should indeed be given to the whole name ‘
(Khao Hom Mali Thung Kula Rong-Hai)’. Individual non-geographical components of that term may be used, even jointly and also in translation, throughout the European Union, provided the principles and rules applicable in the European Union’s legal order are respected, including the legislation on trade marks.
(8)
With regard to the packaging requirement to take place in the area of production, Belgium, France, Italy, the Netherlands and the United Kingdom objected as being not adequately justified or unnecessarily restricting. France and Thailand found an agreement after amendment of the Single Document by Thailand in order to explain better the reasons why packaging has to take place in the geographical area. No agreement on this issue was reached between Thailand and Belgium, Italy, the Netherlands and the United Kingdom. Thailand has then amended the Single Document and specification and included a justification more specific to the product.
(9)
In the light of the above, the name ‘
(Khao Hom Mali Thung Kula Rong-Hai)’ 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 Standing Committee on Protected Geographical Indications and Protected Designations of Origin,
HAS ADOPTED THIS REGULATION:
Article 1
The designation contained in Annex I to this Regulation shall be entered in the register.
Article 2
The updated Single Document is contained in Annex II 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, 11 February 2013.