Commission Regulation (EC) No 1842/2004 of 22 October 2004 allowing the coexistence of the name ‘Munster or Munster-Géromé’ registered as a Protected Designation of Origin under Council Regulation (EEC) No 2081/92 and the unregistered name ‘Münster Käse’ designating a place in Germany
Date: 2004-10-22
Institutions: European Commission
Subjects: Germany, designation of origin, soft cheese, trade information, trade mark

L 322/8

EN

Official Journal of the European Union

23.10.2004

COMMISSION REGULATION (EC) No 1842/2004

of 22 October 2004
allowing the coexistence of the name ‘Munster or Munster-Géromé’ registered as a Protected
Designation of Origin under Council Regulation (EEC) No 2081/92 and the unregistered name
‘Münster Käse’ designating a place in Germany

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EEC) No 2081/92 of 14
July 1992 on the protection of geographical
indications and
designations of origin for agricultural products and foodstuffs (1)
and in particular Articles 13(5) thereof,

Whereas:

(1)

(2)

(3)

Commission Regulation (EC) No 1107/96 of 12 June
indications
1996 on the registration of geographical
and designations of origin under the procedure laid
down in Article 17 of Council Regulation (EEC) No
2081/92 (2)
registered as a Protected Designation of
Origin for France the name ‘Munster or Munster-
Géromé’. Following Article 13(2) of Regulation (EEC)
No 2081/92 Germany had to discontinue the use of
the unregistered name ‘Münster Käse’ at the latest on
21 June 2001.

Article 13(5) of Council Regulation (EEC) No 2081/92,
as added by Council Regulation (EC) No 692/2003 (3),
provides for the coexistence of a registered and an unre-
gistered name under very strict conditions and for a
limited time period.

On 1 October 2003 the Commission received a request
of the German administration to allow coexistence for
fifteen years of the registered name ‘Munster or Munster-
Géromé’
(PDO) and the unregistered name ‘Münster
Käse’.

(5)

(6)

(7)

(8)

Münster is a town in Germany and the name ‘Münster
Käse’ has been subject to national legislation in Germany
since 1934 and no information has been found that the
name has not been in legal use consistently and equitably
for at least 25 years prior to the entry into force of
Regulation (EEC) No 2081/92 on 26 July 1993.

Cheese with the name ‘Münster Käse’ has been marketed
since 1951 in conformity with German national
legis-
lation on cheese qualities. Therefore,
the unregistered
name ‘Münster Käse’ could not profit from the reputation
of the designation of origin ‘Munster or Munster-Géromé’
which was registered in France in 1969 and under Regu-
lation (EEC) No 2081/92 in 1996.

In order to prevent the public from being misled as to
the true origin, the label of the cheese ‘Münster Käse’
indicates Germany as the country of origin, as agreed
in 1973 between Germany and France. The labelling
obligation continued under Article 13(2) of Regulation
(EEC) No 2081/92. No information is found that the
public has been or could be misled as to the true
origin of the cheese Münster Käse.

The German authorities raised the problem resulting
identical names by letter of
from the inclusion of
therefore,
6 March 1996 to the Commission and,
‘Munster or
before
the
Munster-Géromé’
(EC) No
1107/96 on 21 June 1996.

the name
by Regulation

registration of

(PDO)

Therefore, the coexistence of the registered French name
‘Munster or Munster-Géromé’ (PDO) and the unregistered
name Münster Käse designating a place in Germany
meets the conditions set in Article 13(5) of Regulation
(EEC) No 2081/92.

(1) OJ L 208, 24.7.1992, p. 1. Regulation as

last amended by
Commission Regulation (EC) No 1215/2004 (OJ L 232, 1.7.2004,
p. 21).

(2) OJ L 148, 21.06.1996, p. 1. Regulation as last amended by Regu-

lation (EC) No 1345/2004 (OJ L 249, 23.7.2004, p. 14).

(3) OJ L 99, 17.4.2003, p. 1.

(9)

The measures provided for in this Regulation are in
accordance with the opinion of the Committee on Desig-
nations of Origin and Geographical Indications,

23.10.2004

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Official Journal of the European Union

L 322/9

HAS ADOPTED THIS REGULATION:

Article 1

Germany as the country of origin shall be clearly and
3.
visibly indicated on the label of cheese bearing the name
‘Münster Käse’.

The name ‘Münster Käse’ shall be allowed to coexist with
1.
the name ‘Munster or Munster-Géromé’ registered as a Protected
Designation of Origin under Regulation (EEC) No 2081/92.

Article 2

The period of coexistence shall expire fifteen years from
2.
the date of entry into force of this Regulation, after which the
unregistered name shall cease to be used.

This Regulation shall enter into force on the seventh 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, 22 October 2004.

For the Commission

Franz FISCHLER
Member of the Commission