Commission Regulation (EC) No 1357/2005 of 18 August 2005 supplementing the Annex to Regulation (EC) No 2400/96 as regards the entry of a name in the Register of protected designations of origin and protected geographical indications Chevrotin (PDO)
Date: 2005-08-18
Institutions: European Commission
Subjects: France, designation of origin, goats’ milk cheese, location of production, product designation

L 214/6

EN

Official Journal of the European Union

19.8.2005

COMMISSION REGULATION (EC) No 1357/2005

of 18 August 2005

supplementing the Annex to Regulation (EC) No 2400/96 as regards the entry of a name in the
Register of protected designations of origin and protected geographical indications Chevrotin (PDO)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(goat cheese) to denominate cheese made from goat’s
milk or, by the same token, use of the translation of
these terms (in Italian, ‘caprino’ and ‘formaggio di capra’).

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 food-
stuffs (1), and in particular Article 7(5)(b), Article 6(3) and the
first indent of Article 6(4) thereof,

Whereas:

In accordance with Article 6(2) of Regulation (EEC) No
2081/92, France’s application to register ‘Chevrotin’ was
published in the Official Journal of the European Union (2).

Italy opposed the registration under Article 7 of Regu-
lation (EEC) No 2081/92 on the grounds that
the
conditions laid down in Article 2 of Regulation (EEC)
No 2081/92 were not complied with, that registration
would be detrimental to other products on the market in
in particular those called ‘caprino’, and that the
Italy,
translation in Italian of the name in question (caprino)
was generic.

(6)

(7)

(8)

(9)

The term ‘chevrotin’ cannot be considered to be a trans-
lation of the term ‘caprino’ and, conversely, even if the
term ‘caprino’ were generic as claimed by the Italian
authorities, that does not imply that the term ‘chevrotin’
has become generic. Furthermore, Italy did not provide
any evidence from which it may be concluded that the
term ‘chevrotin’ itself is generic.

Finally,
Italy did not provide any evidence of non-
compliance with the conditions laid down in Article 2
of Regulation (EEC) No 2081/92.

In the light of
the name should thus be
entered in the Register of protected designations of
origin and protected geographical indications.

the above,

The measures provided for in this Regulation are in
accordance with the opinion of the Regulatory Committee
on the Protection of Geographical Indications and Desig-
nations of Origin for Agricultural Products and Food-
stuffs,

By letter of 7 December 2004 the Commission asked the
Member States concerned to seek agreement among
themselves in accordance with their internal procedures.

HAS ADOPTED THIS REGULATION:

As no agreement was reached between France and Italy
within three months,
the Commission must adopt a
decision in accordance with the procedure provided for
in Article 15 of Regulation (EEC) No 2081/92.

Article 1

The name in the Annex to this Regulation is hereby added to
the Annex to Commission Regulation (EC) No 2400/96 (3).

However, France officially argued that registration of the
name ‘Chevrotin’ would not lead to a ban on the use of
the expression ‘de chèvre’ (goat) or ‘fromage de chèvre’

Article 2

This Regulation shall enter into force on the 20th day following
its publication in the Official Journal of the European Union.

(1) OJ L 208, 24.7.1992, p. 1. Regulation as last amended by Regu-

lation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

(2) OJ C 262, 31.10.2003, p. 12.

(3) OJ L 327, 18.12.1996, p. 11. Regulation last amended by Regu-

lation (EC) No 886/2005 (OJ L 148, 11.6.2005, p. 32).

(1)

(2)

(3)

(4)

(5)

19.8.2005

EN

Official Journal of the European Union

L 214/7

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

Done at Brussels, 18 August 2005.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

L 214/8

EN

Official Journal of the European Union

19.8.2005

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

ANNEX

Cheese

FRANCE

Chevrotin (PDO)