Commission Regulation (EC) No 38/1999 of 8 January 1999 supplementing the Annex to Regulation (EC) No 2400/96 on the entry of certain names in the "Register of protected designations of origin and protected geographical indications" provided for in Council Regulation (EEC) No 2081/92 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs

COMMISSION REGULATION (EC) No 38/1999 of 8 January 1999 supplementing the Annex to Regulation (EC) No 2400/96 on the entry of certain names in the 'Register of protected designations of origin and protected geographical indications` provided for in Council Regulation (EEC) No 2081/92 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
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 foodstuffs (1), as last amended by Regulation (EC) No 1068/97 (2), and in particular Article 7(5)(b) thereof,
Whereas, pursuant to Article 5 of Regulation (EEC) No 2081/92, France sent the Commission an application for registration of a name as a designation of origin;
Whereas, pursuant to Article 6(1) thereof, the application was found to comply with that Regulation, and in particular to contain all the information required pursuant to Article 4 thereof;
Whereas a statement of objection was received by the Commission pursuant to Article 7 of that Regulation following publication of the name in the Annex hereto in the Official Journal of the European Communities (3); whereas that objection was considered to be properly founded and therefore admissible;
Whereas pursuant to Article 7(5) of that Regulation the Commission asked the Member States concerned to seek an agreement; whereas no agreement was reached and it is therefore up to the Commission to take a decision on registration of the name in question;
Whereas the Commission has carefully considered the actual likelihood of confusion;
Whereas it emerges that there is in fact no likelihood of confusion between the name Rocamadour and the product so designated and the name Romadur and the product so designated; whereas although both products are cheeses they are easy to differentiate by external appearance and type; whereas Rocamadour is a small very soft goat's milk cheese with a natural rind consisting of a striated, slightly velvety skin, is white to cream in colour and takes the form of a small thin disc weighing roughly 35 grams; whereas Romadur is a soft cow's milk cheese with a yellow brown to reddish skin and generally takes the form of a rectangle or cube weighing 80 to 180 grams;
Whereas the name Romadur can therefore continue to be used;
Whereas the name 'Rocamadour` should therefore be entered in the 'Register of protected designations of origin and protected geographical indications` as a designation of origin protected at Community level;
Whereas the Annex hereto supplements the Annex to Commission Regulation (EC) No 2400/96 (4), as last amended by Regulation (EC) No 2784/98 (5);
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Committee on Geographical Indications and Designations of Origin,