Commission Regulation (EC) No 2139/98 of 6 October 1998 supplementing the Annex to Regulation (EC) No 2400/96 on the entry of certain names in the 'Register of protective designations of origin and protected geographical indications" provided for in Council Regulation (EEC) No 2081/92 under protection of geographical indications and designations of origin for agricultural products and foodstuffs
Date: 1998-10-06
Institutions: European Commission
Subjects: France, designation of origin, foodstuff, labelling, location of production, pigmeat

7. 10. 98

EN

Official Journal of the European Communities

L 270/7

COMMISSION REGULATION (EC) No 2139/98

of 6 October 1998

supplementing the Annex to Regulation (EC) No 2400/96 on the entry of certain
names in the ‘Register of protective designations of origin and protected
geographical indications' provided for in Council Regulation (EEC) No 2081/92
under protection of geographical indications and designations of origin for agri-
cultural products and foodstuffs

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EEC) No 2081/92
of 14 July 1992 on the protection of geographical indica-
tions and designations of origin for agricultural products
and foodstuffs (1), as last amended by Regulation (EC) No
1068/97 (2), and in particular Article 7(5)(b) thereof,

in accordance with Article 5 of Regulation
Whereas,
(EEC) No 2081/92 France, has sent the Commission an
application for registration of a name as a geographical
indication;

Whereas it has been found, in accordance with Article
6(1) of the above Regulation, that the application meets
all the Regulation’s requirements, in particular that all the
information required under Article 4 has been provided;

Whereas several declarations of opposition within the
meaning of Article 7 of the above Regulation were sent to
the Commission following publication of the name in the
Annex to this Regulation in the Official Journal of the
European Communities (3) but that only one of these
declarations was considered justified and accordingly
admissible; whereas
the declarations of opposition
deemed inadmissible either failed to show the grounds on
which the opposition was based or did not relate to the
comprehensive grounds for opposition laid down in para-
graph 4 of that Article;

Whereas in accordance with Article 7(5) of that Regula-
tion and in view of
that French producers
the fact
submitted a declaration of opposition, the Commission
invited the Member State concerned to seek agreement;
whereas, however, no agreement was reached and the
Commission must accordingly decide on registration of
the name in question;

Whereas, with regard to a declaration of opposition from
Danish producers, the Commission had to reconsider its
position because of factors which had not come to light at
the time the opposition was sent to the Commission;
whereas that opposition should also be declared admis-
sible;

Whereas, under Article 13(4) of Regulation (EEC) No
2081/92, as added by Council Regulation (EEC) No 535/
97 (4), provision may be made for a transitional period of
up to five years under Article 7(5)(b), where inter alia
products exist (as in this case) which have been legally on
the market for at least five years preceding the date of the
publication provided for in Article 6(2) of Regulation
(EEC) No 2081/92; whereas such transitional period may
be provided for only where undertakings have legally
marketed the products concerned using the names in
question continuously for at least five years preceding the
date of publication provided for in Article 6(2) of that
Regulation; whereas the Member States in question state
that these conditions have been fulfilled;

Whereas in view of the arguments put forward by the
parties concerned, a transitional period of three years is
appropriate; whereas this transitional period applies to the
companies ‘Salaisons du Pays d’Oc',
‘Sørwi
‘Vestjyske Slag-
A/S',
terier A.m.b.a.' and ‘Danish Crown'; whereas
those
companies fulfil the conditions laid down in Article 13(4)
of Regulation (EEC) No 2081/92;

‘Suhls Pålæg A/S',

‘Steff-Houlberg',

‘Sør-Wi A/S',

Whereas, as a result, this name should be entered in the
‘Register of protected designations of origin and protected
indications' and should therefore enjoy
geographical
Community protection as a geographic indication;

Whereas the Annex to this Regulation supplements the
Annex to Commission Regulation (EC) No 2400/96 (5) as
last amended by Regulation (EC) No 2008/98 (6);

Whereas the measures provided for in this Regulation are
in accordance with the opinion of
the Regulatory
Committee for Geographical Indications and Designa-
tions of Origin,

HAS ADOPTED THIS REGULATION:

Article 1

The name in the Annex hereto is hereby added to the
Annex to Commission Regulation (EC) No 2400/96 and
is entered in the ‘Register of protected designations of

(1) OJ L 208, 24. 7. 1992, p. 1.
(2) OJ L 156, 13. 6. 1997, p. 10.
(3) OJ C 22, 22. 1. 1997, p. 3.

(4) OJ L 83, 25. 3. 1997, p. 3.
(5) OJ L 327, 18. 12. 1996, p. 11.
(6) OJ L 266, 1. 10. 1998, p. 24.

L 270/8

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Official Journal of the European Communities

7. 10. 98

origin and protected geographical
indications' as a
protected geographical indication (PGI) as provided for in
Article 6(3) of Regulation (EEC) No 2081/92.

Bayonne' for a period of three years from the date of entry
into force of this Regulation. The label shall show clearly
the true origin of the product.

The companies ‘Salaisons du Pays d’Oc',
‘Sør-Wi A/S',
‘Sørwi A/S', ‘Suhls Pålæg A/S', ‘Steff-Houlberg', ‘Vestjyske
Slagterier A.m.b.a.' and ‘Danish Crown' may continue to
the name ‘Jambon de
market

their product under

Article 2

This Regulation shall enter into force on the day of its
publication in the Official Journal of the European
Communities.

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

Done at Brussels, 6 October 1998.

For the Commission
Franz FISCHLER

Member of the Commission

ANNEX

PRODUCTS LISTED IN ANNEX II TO THE EC TREATY INTENDED FOR HUMAN
CONSUMPTION

Meat-based products:

FRANCE

— Jambon de Bayonne (PGI)