Commission Regulation (EC) No 38/1999 of 8 January 1999 supplementing the Annex to Regulation (EC) No 2400/96 on the entry of certain names in the "Register of protected designations of origin and protected geographical indications" provided for in Council Regulation (EEC) No 2081/92 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs
Date: 1999-01-08
Institutions: European Commission
Subjects: agricultural product, cheese, designation of origin, foodstuff, location of production, product designation

L 5/62

EN

Official Journal of the European Communities

9. 1. 1999

COMMISSION REGULATION (EC) No 38/1999

of 8 January 1999

supplementing the Annex to Regulation (EC) No 2400/96 on the entry of certain
names in the ‘Register of protected designations of origin and protected
geographical indications' provided for in Council Regulation (EEC) No 2081/92
on the protection of geographical indications and designations of origin for
agricultural 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,

Whereas, pursuant to Article 5 of Regulation (EEC) No
2081/92, France sent the Commission an application for
registration of a name as a designation of origin;

Whereas, pursuant to Article 6(1) thereof, the application
was found to comply with that Regulation, and in par-
ticular to contain all the information required pursuant to
Article 4 thereof;

Whereas a statement of objection was received by the
Commission pursuant to Article 7 of that Regulation
following publication of the name in the Annex hereto in
the Official Journal of the European Communities (3);
whereas that objection was considered to be properly
founded and therefore admissible;

Whereas pursuant to Article 7(5) of that Regulation the
Commission asked the Member States concerned to seek
an agreement; whereas no agreement was reached and it is
therefore up to the Commission to take a decision on
registration of the name in question;

Whereas the Commission has carefully considered the
actual likelihood of confusion;

Whereas it emerges that there is in fact no likelihood of
confusion between the name Rocamadour and the
product so designated and the name Romadur and the
product so designated; whereas although both products
are cheeses they are easy to differentiate by external
appearance and type; whereas Rocamadour is a small very

soft goat’s milk cheese with a natural rind consisting of a
striated, slightly velvety skin, is white to cream in colour
and takes the form of a small thin disc weighing roughly
35 grams; whereas Romadur is a soft cow’s milk cheese
with a yellow brown to reddish skin and generally takes
the form of a rectangle or cube weighing 80 to 180 grams;

Whereas the name Romadur can therefore continue to be
used;

Whereas the name ‘Rocamadour' should therefore be
entered in the ‘Register of protected designations of
origin and protected geographical indications' as a desig-
nation of origin protected at Community level;

Whereas the Annex hereto supplements the Annex to
Commission Regulation (EC) No 2400/96 (4), as
last
amended by Regulation (EC) No 2784/98 (5);

Whereas the measures provided for in this Regulation are
in accordance with the opinion of the Committee on
Geographical Indications and Designations of Origin,

HAS ADOPTED THIS REGULATION:

Article 1

The name in the Annex hereto is hereby added to the
Annex to Regulation (EC) No 2400/96 and entered in the
‘Register of protected designations of origin and protected
geographical indications' provided for in Article 6(3) of
Regulation (EEC) No 2081/92 as a protected designation
of origin (PDO).

Article 2

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

(1) OJ L 208, 24. 7. 1992, p. 1.
(2) OJ L 156, 13. 6. 1997, p. 10.
(3) OJ C 140, 7. 5. 1997, p. 5.

(4) OJ L 327, 18. 12. 1996, p. 11.
(5) OJ L 347, 23. 12. 1998, p. 19.

9. 1. 1999

EN

Official Journal of the European Communities

L 5/63

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

Done at Brussels, 8 January 1999.

For the Commission
Franz FISCHLER

Member of the Commission

ANNEX

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

Cheese

FRANCE

— Rocamadour (PDO)