Introductory text
United Kingdom
Commission Implementing Regulation (EU) 2018/1851
of 21 November 2018
entering a name in the register of protected designations of origin and protected geographical indications (‘Bayrisch Blockmalz’/‘Bayrischer Blockmalz’/‘Echt Bayrisch Blockmalz’/‘Aecht Bayrischer Blockmalz’ (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 foodstuffsf1, and in particular Article 15(1) and Article 52(2) thereof,
Whereas:
(1)
Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, Germany's application to register the name ‘Bayrisch Blockmalz’/‘Bayrischer Blockmalz’/‘Echt Bayrisch Blockmalz’/‘Aecht Bayrischer Blockmalz’ was published in the Official Journal of the European Union f2.
(2)
As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the name should therefore be entered in the register.
(3)
By emails received on 19 April 2018 and 21 June 2018, the German authorities notified the Commission that during the national opposition procedure it had been argued that registration of the name ‘Bayrisch Blockmalz’/‘Bayrischer Blockmalz’/‘Echt Bayrisch Blockmalz’/‘Aecht Bayrischer Blockmalz’ would jeopardise the existence of an entirely identical name and that products bearing that name had been legally marketed for more than five years preceding the date of publication of the document referred to in Article 50(2)(a) of Regulation (EU) No 1151/2012. They therefore requested that a transitional period, lasting until 31 December 2020, be granted under Article 15(1) of that Regulation to the producer ‘Kalfany Süße Werbung GmbH & Co.KG, D-79336 Herbolzheim’, located outside the geographical area defined for the production of ‘Bayrisch Blockmalz’/‘Bayrischer Blockmalz’/‘Echt Bayrisch Blockmalz’/‘Aecht Bayrischer Blockmalz’, which had been legally marketing the product sold under the name ‘Bayrisch Blockmalz’/‘Bayrischer Blockmalz’/‘Echt Bayrisch Blockmalz’/‘Aecht Bayrischer Blockmalz’, using this name continuously for more than five years.
(4)
Since the company ‘Kalfany Süße Werbung GmbH & Co.KG, D-79336 Herbolzheim’ meets the requirements laid down in Article 15(1) of Regulation (EU) No 1151/2012 for the granting of a transitional period in which to make legal use of the sales name after registration, it should be granted a transitional period lasting until 31 December 2020 during which time it may make use of the name ‘Bayrisch Blockmalz’/‘Bayrischer Blockmalz’/‘Echt Bayrisch Blockmalz’/‘Aecht Bayrischer Blockmalz’.
(5)
The measures provided for in this Regulation are in accordance with the opinion of the Agricultural Product Quality Policy Committee,
HAS ADOPTED THIS REGULATION: