CELEX: 32022R0462
Language: en
Date: 2022-03-16 00:00:00
Title: Commission Implementing Regulation (EU) 2022/462 of 16 March 2022 granting a transitional period for use of the protected geographical indication ‘Λουκάνικο Πιτσιλιάς’ (Loukaniko Pitsilias) (PGI)

23.3.2022   
               
               
                  EN
               
               
                  Official Journal of the European Union
               
               
                  L 94/1
               
            
         COMMISSION IMPLEMENTING REGULATION (EU) 2022/462
         of 16 March 2022
         granting a transitional period for use of the protected geographical indication ‘Λουκάνικο Πιτσιλιάς’ (Loukaniko Pitsilias) (PGI)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 15(1) thereof,
         Whereas:
         
                     (1)
                  
                  
                     By letter of 15 September 2017, the authorities of Cyprus proposed to the Commission to grant a transitional period for the use of the name ‘Λουκάνικο Πιτσιλιάς’ (Loukaniko Pitsilias) to the company ‘Γρηγορίου Β.Ε. Λτδ’ (Grigoriou B.E. Ltd), which during the national objection procedure proved that it had lawfully marketed the product under a name identical to the registered name for more than five years. The Cypriot authorities pointed out that this company is a member of the Cyprus Meat Products Association, which lodged an admissible objection at national level against the application for registration of the name ‘Λουκάνικο Πιτσιλιάς’ (Loukaniko Pitsilias), which was rejected by the competent authority. Considering that this company met the conditions laid down in Article 15(1) of Regulation (EU) No 1151/2012, the Cypriot authorities proposed to the European Commission to grant it a transitional period.
                  
               
                     (2)
                  
                  
                     By means of Commission Implementing Regulation (EU) 2021/154 (2), the Commission entered the name ‘Λουκάνικο Πιτσιλιάς’ (Loukaniko Pitsilias) (PGI) in the register of protected designations of origin and protected geographical indications, without granting the ‘Γρηγορίου Β.Ε. Λτδ’ (Grigoriou B.E. Ltd) the transitional period provided for in Article 15(1) as proposed by the Cypriot authorities. Implementing Regulation (EU) 2021/154 entered into force on 2 March 2021.
                  
               
                     (3)
                  
                  
                     By letter of 1 March 2021, the Cypriot authorities reminded the Commission of the proposal for a transitional period included in the letter of 15 September 2017.
                  
               
                     (4)
                  
                  
                     By letter of 4 May 2021, the Commission replied, asking the Cypriot authorities to specify and justify the length of the requested transitional period.
                  
               
                     (5)
                  
                  
                     By letter of 28 September 2021, the Cypriot authorities indicated that they considered a transitional period of five years to be appropriate. The company ‘Γρηγορίου Β.Ε. Λτδ’ (Grigoriou B.E. Ltd) had been lawfully marketing a product with the same name as the name registered by Implementing Regulation (EU) 2021/154 for a continuous period of over 10 years before the protected geographical indication was registered. Granting the proposed transitional period would allow the company to adapt and restructure its operating cycle in light of the new situation.
                  
               
                     (6)
                  
                  
                     According to the information provided by the Cypriot authorities, the company in question does not follow the specification and would therefore contravene Article 13(1) of Regulation (EU) No 1151/2012 if it were to use the designation concerned.
                  
               
                     (7)
                  
                  
                     The company ‘Γρηγορίου Β.Ε. Λτδ’ (Grigoriou B.E. Ltd) therefore met the conditions laid down in Article 15(1) of Regulation (EU) No 1151/2012 for the granting of a transitional period to continue to use the designation of the product under which it was marketed. A transitional period of five years should therefore be granted, during which time ‘Γρηγορίου Β.Ε. Λτδ’ (Grigoriou B.E. Ltd) may make use of the protected name ‘Λουκάνικο Πιτσιλιάς’ (Loukaniko Pitsilias).
                  
               
                     (8)
                  
                  
                     Since the name has been protected since 2 March 2021, when Implementing Regulation (EU) 2021/154 registering the name ‘Λουκάνικο Πιτσιλιάς’ (Loukaniko Pitsilias) (PGI) entered into force, the authorisation to use the protected name should apply retroactively from that date.
                  
               
                     (9)
                  
                  
                     The measures provided for in this Regulation are in accordance with the opinion of the Committee for Agricultural Product Quality Policy Committee,
                  
               HAS ADOPTED THIS REGULATION:
         
            Article 1
            The company ‘Γρηγορίου Β.Ε. Λτδ’ (Grigoriou B.E. Ltd) is hereby authorised to use the registered name ‘Λουκάνικο Πιτσιλιάς’ (Loukaniko Pitsilias) for a transitional period lasting until 1 March 2026. This transitional period shall apply retroactively from 2 March 2021.
         
         
            Article 2
            This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
         
         
            This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.
            Done at Brussels, 16 March 2022.
            
               
                  For the Commission
               
               
                  The President
               
               Ursula VON DER LEYEN
            
         
         
            (1)  OJ L 343, 14.12.2012, p. 1.
         
            (2)  Commission Implementing Regulation (EU) 2021/154 of 3 February 2021 entering a name in the register of protected designations of origin and protected geographical indications ‘Λουκάνικο Πιτσιλιάς’ (Loukaniko Pitsilias) (PGI) (OJ L 46, 10.2.2021, p. 4).