Commission Regulation (EC) No 127/2008 of 13 February 2008 entering a designation in the register of protected designations of origin and protected geographical indications (Oscypek (PDO))
Date: 2008-02-13
Institutions: European Commission
Subjects: Poland, cheese, designation of origin, location of production, product designation

14.2.2008

EN

Official Journal of the European Union

L 40/5

COMMISSION REGULATION (EC) No 127/2008

of 13 February 2008

entering a designation in the register of protected designations of origin and protected geographical
indications (Oscypek (PDO))

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(5)

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 510/2006 of 20
March 2006 on the protection of geographical indications and
designations of origin for agricultural products and food-
stuffs (1), and in particular the second sentence of Article 7(5)
thereof,

Whereas:

(1)

(2)

(3)

(4)

Under Article 6(2) and pursuant to Article 17(2) of Regu-
lation (EC) No 510/2006, Poland’s application to register
the designation Oscypek was published in the Official
Journal of the European Union (2).

Slovakia objected to this registration in accordance with
Article 7(1) of Regulation (EC) No 510/2006 citing the
points of objection mentioned in Article 7(3)(a), (b) and
(c) thereof. Specifically, Slovakia stated in its statement of
objection that registering the designation Oscypek would
undermine the designation Slovenský oštiepok, for which
Slovakia had applied to the Commission for registration
as a protected geographical indication (3).

By letter dated 30 May 2007, the Commission invited
the Member States concerned to start a consultation
procedure.

An agreement was reached between Poland and Slovakia,
which was notified to the Commission by the letter
received on 28 June 2007.

Under this agreement, Poland and Slovakia recognise that
the designations Oscypek and Slovenský oštiepok refer to
cheeses that are now produced quite differently, despite
the fact that they share the same history and tradition.
According to Poland and Slovakia, the key differences
between the two cheeses (concerning the raw material
used,
the production method and physical, chemical
and organoleptic properties) should not give rise to
confusion amongst consumers. Poland and Slovakia
agree that both designations Oscypek and Slovenský
oštiepok are legitimate and Poland underscores that regis-
tration of the designation Oscypek as a protected desig-
nation of origin would not undermine the right of
to use the designation oštiepok
Slovakian producers
either alone or alongside other terms.

(6)

amending the

The agreement reached by the interested parties does not
necessitate
information published in
accordance with Article 6(2) of Regulation (EC) No
510/2006. Accordingly the designation Oscypek should
be registered in accordance with Article 7(4) of
this
Regulation,

HAS ADOPTED THIS REGULATION:

Article 1

The designation specified in the Annex to this Regulation shall
be entered in the register.

Article 2

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, 13 February 2008.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

(1) OJ L 93, 31.3.2006, p. 12. Regulation amended by Regulation (EC)

No 1791/2006 (OJ L 363, 20.12.2006, p. 1).

(2) OJ C 180, 2.8.2006, p. 94.
(3) The application for registration was received on 30 March 2006 and
the summary was published in OJ C 308, 19.12.2007, p. 28.

L 40/6

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Official Journal of the European Union

14.2.2008

Agricultural products intended for human consumption listed in Annex I to the Treaty:

ANNEX

Class 1.3 — Cheese

POLAND
Oscypek (PDO)