CELEX: 32020R1390
Language: en
Date: 2020-09-28 00:00:00
Title: Commission Implementing Regulation (EU) 2020/1390 of 28 September 2020 correcting Implementing Regulation (EU) 2020/914 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (‘Brie de Meaux’ (PDO))

5.10.2020   
               
               
                  EN
               
               
                  Official Journal of the European Union
               
               
                  L 321/3
               
            
         COMMISSION IMPLEMENTING REGULATION (EU) 2020/1390
         of 28 September 2020
         correcting Implementing Regulation (EU) 2020/914 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (‘Brie de Meaux’ (PDO))
         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 52(2) thereof,
         Whereas:
         
                     (1)
                  
                  
                     Pursuant to the first subparagraph of Article 53(1) of Regulation (EU) No 1151/2012, the Commission has examined France’s application for the approval of amendments to the specification for the protected designation of origin ‘Brie de Meaux’, registered under Commission Regulation (EC) No 1107/96 (2).
                  
               
                     (2)
                  
                  
                     By letter of 26 September 2018, the French authorities notified the Commission that a transitional period under Article 15(4) of Regulation (EU) No 1151/2012, ending on 31 December 2022, had been granted to operators established on their territory who meet the conditions laid down in that Article pursuant to the Order of 29 August 2018 on amendments to the specification for the protected designation of origin ‘Brie de Meaux’, published on 5 September 2018 in the Official Journal of the French Republic.
                  
               
                     (3)
                  
                  
                     The operators concerned, who had been legally marketing ‘Brie de Meaux’ continuously for at least 5 years before the application was submitted, had lodged an objection as part of the national opposition procedure. One operator objected to the following provision: ‘The straw is stored under shelter’. Two operators objected to the following provision: ‘During the permanent stabling period, the use of straw bedding is compulsory with at least 0,5 kg of straw being added on average per lactating dairy cow per day if a cubicle system is used and 5 kg of straw being added on average per lactating dairy cow per day if open stables are used’. Two operators objected to the following provisions: ‘During the permanent stabling period, the use of straw bedding is compulsory with at least 0,5 kg of straw being added on average per lactating dairy cow per day if a cubicle system is used and 5 kg of straw being added on average per lactating dairy cow per day if open stables are used’; ‘The amount of concentrated feed provided may not exceed 2 000 kg of dry matter per lactating dairy cow, averaged over a year’; and ‘Over a year, the hay fed to the milk herd must be supplied from the holding and the geographical area as follows: from the holding: feed originating in the geographical area and supplied by the holding must account for at least 60 % of the dry matter of the herd’s total ration, averaged over a year; from the geographical area: the proportion of the feed originating in the geographical area of production must account for at least 85 % of the dry matter of the dairy herd’s total ration’. Seven operators objected to the following provisions: ‘The amount of concentrated feed provided may not exceed 2 000 kg of dry matter per lactating dairy cow, averaged over a year’ and ‘Over a year, the hay fed to the milk herd must be supplied from the holding and the geographical area as follows: from the holding: feed originating in the geographical area and supplied by the holding must account for at least 60 % of the dry matter of the herd’s total ration, averaged over a year; from the geographical area: the proportion of the feed originating in the geographical area of production must account for at least 85 % of the dry matter of the dairy herd’s total ration’. One operator objected to the following provision: ‘The amount of concentrated feed provided may not exceed 2 000 kg of dry matter per lactating dairy cow, averaged over a year’. One operator objected to the following provisions: ‘The straw is stored under shelter’ and ‘The pasture area per dairy cow is at least 20 ares’. One operator objected to the following provision: ‘The pasture area per dairy cow is at least 20 ares’.
                  
               
                     (4)
                  
                  
                     The operators concerned are: GAEC de la Gironde (SIRET: 34028683000013), GAEC Reine Pré (SIRET: 39266778800013), EARL de la Mardelle (SIRET: 38514961200017), GAEC Vaucher (SIRET: 38159700400013), GAEC Bruggeman (SIRET: 383 943 610 000 14), EARL les Bordes (SIRET: 34236864400015), SCL du Versant Laiteux (SIRET: 49225855300014), GAEC des Butteaux (SIRET: 38773948500010), GAEC Blondeau Welvaert (SIRET: 32576392800018), EARL de la Prairie (SIRET: 49773714800013), GAEC Patoux (SIRET: 38008216400019), EARL Neret Guedrat (SIRET: 38249036500014), Gérard Houdard (SIRET: 39226686200011), EARL Mignon père et fils (SIRET: 49778394400018), EARL de la fontaine aux poissons (SIRET: 33522117200018).
                  
               
                     (5)
                  
                  
                     Since the amendments in question are not minor within the meaning of Article 53(2) of Regulation (EU) No 1151/2012, the Commission published the amendment application in the Official Journal of the European Union as required by Article 50(2)(a) of that Regulation (3).
                  
               
                     (6)
                  
                  
                     As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the amendments to the specification should be approved.
                  
               
                     (7)
                  
                  
                     On 25 June 2020, the Commission approved the amendments by adopting Implementing Regulation (EU) 2020/914, published in the Official Journal of the European Union (4), as required by Article 52(2) of Regulation (EU) No 1151/2012.
                  
               
                     (8)
                  
                  
                     Following that publication, it emerged that Regulation (EU) 2020/914 did not provide for a transitional period in accordance with Article 15(4) of Regulation (EU) No 1151/2012.
                  
               
                     (9)
                  
                  
                     Regulation (EU) 2020/914 therefore needs to be corrected by this Regulation in order to include a transitional period,
                  
               HAS ADOPTED THIS REGULATION:
         
            Article 1
            The amendments to the specification published in the Official Journal of the European Union regarding the name ‘Brie de Meaux’ (PDO) are hereby approved.
         
         
            Article 2
            The protection provided under Article 1 is subject to the transitional period granted by France under Article 15(4) of Regulation (EU) No 1151/2012 to operators meeting the conditions laid down in that Article, pursuant to the Order of 29 August 2018 on amendments to the specification for the protected designation of origin ‘Brie de Meaux’ published on 5 September 2018 in the Official Journal of the French Republic.
         
         
            Article 3
            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 all Member States.
            Done at Brussels, 28 September 2020.
            
               
                  For the Commission,
               
               
                  On behalf of the President,
               
               Janusz WOJCIECHOWSKI
               
                  Member of the Commission
               
            
         
         
            (1)  OJ L 343, 14.12.2012, p. 1.
         
            (2)  Commission Regulation (EC) No 1107/96 of 12 June 1996 on the registration of geographical indications and designations of origin under the procedure laid down in Article 17 of Council Regulation (EEC) No 2081/92 (OJ L 148, 21.6.1996, p. 1).
         
            (3)  OJ C 64, 27.2.2020, p. 41.
         
            (4)  OJ L 209, 2.7.2020, p. 4.