Commission Regulation (EC) No 1854/2005 of 14 November 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’ (Miel de Provence) (PGI)
Date: 2005-11-14
Institutions: European Commission
Subjects: France, designation of origin, honey, location of production

15.11.2005

EN

Official Journal of the European Union

L 297/3

COMMISSION REGULATION (EC) No 1854/2005

of 14 November 2005

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

indications’

Provence) (PGI)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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
Article 6(4) thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

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

Journal of

Germany opposed the registration under Article 7(1) of
Regulation (EEC) No 2081/92. The
statement of
objection relates to non-compliance with the conditions
laid down in Article 2 and the possible threat to the
existence of a product which has been legally on the
market for at least five years preceding the date of the
publication provided for in Article 6(2).

By letter of 11 January 2005 the Commission asked the
Member States concerned to seek agreement among
themselves in accordance with their internal procedures.

As no agreement was
reached between France and
Germany 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.

The statement of objection sent by Germany puts
forward three arguments against
registration. Firstly,
Germany claims that registration would conflict with
Article 4(2) of Regulation (EEC) No 2081/92. The
opposing party claims that the organoleptic character-
relating to the method of
istics,

the characteristics

(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 261, 30.10.2003, p. 4.

(6)

(7)

(8)

(9)

production and the quality criteria for
the product
applied for cannot be considered to be specific to the
region of Provence.

By contrast,
the Commission takes the view that the
application for registration is based as much on the repu-
tation of Provence honey as on its special quality, which is
the honey’s floral origin, specific to the botanical envir-
onment of Provence.

to the possible threat

Germany then refers
to the
existence of an entirely or partly identical name or of a
mark or the existence of products 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. In particular, it refers
to the possibility that producers currently marketing
honey under the name Miel de Provence could no longer
use that name after registration if their products do not
comply with the specification, either as a result of their
floral origin or area of production.

The Commission takes the view that this argument is
based on unproved hypotheses. According to the
second indent of Article 7(4) of Regulation (EEC) No
2081/92, the opposing party must ‘show’ the jeopardy
claimed. Germany has only raised the possibility of
in fact
showing that
jeopardy without
producers who would suffer as a result of registration.

there

are

.is

under

permitted

for honey

Finally, Germany argues that the use of the name Miel de
Provence
Council Directive
2001/110/EC of 20 December 2001 relating
to
honey (3)
French region of
from the
Provence-Alpes-Côte-d’Azur. It claims that this region is
different from the geographical area covered by the speci-
fication drawn up under Regulation (EEC) No 2081/92.
Also, the specification for the application for registration
excludes honey made from sunflower, rape or lucerne
(alfalfa), which are floral and plant origins present in
the geographical area. As a result, to comply with the
specification,
traders currently marketing this product
under the name Miel de Provence will have to exclude
honey of floral origin not provided for in the specifi-
cation. According to Germany, registration of Miel de
Provence under Regulation (EEC) No 2081/92 would
conflict with Directive 2001/110/EC relating to honey.

(3) OJ L 10, 12.1.2002, p. 47.

L 297/4

EN

Official Journal of the European Union

15.11.2005

(10) As pointed out in recital 8, the argument relating to the
existence of jeopardy has not been proved. In addition,
the claimed infringement of Directive 2001/110/EC
relating to honey is not one of the reasons that can be
used for objections under Article 7(4) of Regulation (EEC)
No 2081/92. Also, Directive 2001/110/EC allows certain
names without making them compulsory. By contrast,
Regulation (EEC) No 2081/92 is intended to regulate
the use of registered names, even where they could be
used more freely beforehand. As a result, the lack of
restriction at a given moment
in principle, a
reason to refuse registration.

is not,

(12)

The measures provided for in this Regulation are in
accordance with
the Regulatory
Committee on the Protection of Geographical Indications
and Designations of Origin for Agricultural Products and
Foodstuffs,

opinion of

the

HAS ADOPTED THIS REGULATION:

Article 1

The name in the Annex to this Regulation is hereby added to
the Annex to Commission Regulation (EC) No 2400/96 (1).

Article 2

(11)

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

the above,

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, 14 November 2005.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

(1) OJ L 327, 18.12.1996, p. 11.

ANNEX

Products listed in Annex I to the EC Treaty intended for human consumption

Other animal products (eggs, honey, various milk products except butter, etc.)

FRANCE

Miel de Provence (PGI)