COMMISSION REGULATION (EU) No 300/2010
of 12 April 2010
entering a name in the register of protected designations of origin and protected geographical indications (Gentse azalea (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 and fourth subparagraphs of Article 7(5) thereof,
Whereas:
(1)
Pursuant to Article 6(2) and in accordance with Article 17(2) of Regulation (EC) No 510/2006, Belgium’s application to register the name ‘Gentse azalea’ was published in the Official Journal of the European Union (2).
(2)
Germany submitted an objection to the registration pursuant to Article 7(1) of Regulation (EC) No 510/2006. The objection was deemed admissible pursuant to Article 7(3) of that Regulation.
(3)
Germany indicated in the objection that the registration of the name in question would be contrary to Article 2 of Regulation (EC) No 510/2006 and would jeopardise the existence of names, trade marks or products which have been legally on the market since at least 5 years preceding the date of publication for objection.
(4)
By a letter dated 6 March 2009, the Commission asked the Member States concerned to seek agreement among themselves in accordance with their internal procedures.
(5)
Given that no agreement was reached between Germany and Belgium within the designated time-frame, the Commission must adopt a decision in accordance with the procedure outlined in Article 15(2) of Regulation (EC) No 510/2006.
(6)
In the light of the information provided by Germany and following appropriate scrutiny, the Commission cannot conclude that the registration of the name ‘Gentse azalea’ would be contrary to Articles 2 and 3 of Regulation (EC) No 510/2006. Germany claims that the delimited geographical area in the application is wider than the town of Ghent, that there is no link between the claimed characteristics of ‘Gentse azalea’ and the geographical area and that no use of the name is made. Evidence provided in the application shows that there is production of ‘Gentse azalea’ in the delimited geographical area also outside the boundaries of the city of Ghent, and labels proving use of the name in trade are also part of the application. The application for registration is based on proved reputation of the name ‘Gentse azalea’ for pot plants.
(7)
Germany indicated that registration of the name ‘Gentse azalea’ as a protected geographical indication would jeopardise the existence of products legally on the market by providing a competitive advantage (marketing advantage) to azalea producers in the geographical area compared to producers in other areas. No evidence was shown that the name ‘Gentse azalea’ is used for trade for pot plants produced outside the area, neither that it is a registered trademark or is protected as a name of a plant variety. In addition, the name ‘Gentse azalea’ has already been used in the market for a significant period of time.
(8)
In the light of the above, the name ‘Gentse azalea’ should be entered in the ‘Register of protected designations of origin and protected geographical indications’. The specification and summary are modified to make clear that the name ‘Gentse azalea’ is used for pot plants.
(9)
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
A summary, containing the main elements of the specifications, is presented in Annex II to 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, 12 April 2010.