{
  "url": "https://openlegislation.uk/eu-regulation-2018-266/introduction",
  "json_url": "https://openlegislation.uk/eu-regulation-2018-266/introduction.json",
  "legislation": "eur/2018/266",
  "legislation_title": "Commission Implementing Regulation (EU) 2018/266 of 19 February 2018 entering a name in the register of protected designations of origin and protected geographical indications (‘Thym de Provence’ (PGI))",
  "legislation_url": "https://openlegislation.uk/eu-regulation-2018-266",
  "path": "introduction",
  "kind": "introduction",
  "number": null,
  "heading": "Introductory text",
  "text": "Commission Implementing Regulation (EU) 2018/266\nof 19 February 2018\nentering a name in the register of protected designations of origin and protected geographical indications (‘Thym de Provence’ (PGI))\nTHE EUROPEAN COMMISSION,\nHaving regard to the Treaty on the Functioning of the European Union,\nHaving 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, and in particular Article 52(3)(a) thereof,\nWhereas:\n(1)\nPursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, the application from France to register the name ‘Thym de Provence’ as protected geographical indication (PGI) was published in the Official Journal of the European Union .\n(2)\nOn 9 June 2017 the Commission received the notice of opposition and the related reasoned statement of opposition from Germany. The Commission forwarded the notice of opposition and the reasoned statement of opposition sent by Germany to France on 22 June 2017.\n(3)\nGermany opposed to the registration of the name ‘Thym de Provence’ because it would jeopardise the use of the term ‘Herbes de Provence’ (‘Kräuter der Provence’ in German) commonly used in spice- and seasoning-making to describe a type-defined mixture of herbs, normally containing, among others, rosemary, oregano, thyme, sage and lavender, but also bay leaf and other spices such as nutmeg and cloves, in various combinations. While the mixture of herbs called ‘Herbes de Provence’ contains typical Provençal herbs, it also contains other spices such as bay and nutmeg which are not typical of Provence. In addition, ‘Herbes de Provence’ is made with herbs which do not necessarily originate from Provence. The registration of the name ‘Thym de Provence’ therefore might jeopardise the marketing of the entire mixture of herbs and spices as ‘Herbes de Provence’.\n(4)\nFinding such opposition admissible, by letter dated 1 August 2017, the Commission invited France and Germany to engage in appropriate consultations for a period of three months to seek agreement among themselves in accordance with their internal procedures.\n(5)\nAn agreement was reached between the parties. France communicated the results of the agreement to the Commission on 6 November 2017.\n(6)\nFrance and Germany agreed that even after the registration of the designation ‘Thym de Provence’ as PGI the use of the term ‘Herbes de Provence’, including its translations, should continue to be allowed within the territory of the Union provided the principles and rules applicable in its legal order are respected.\n(7)\nAs it complies with the provisions of Regulation (EU) No 1151/2012 and EU legislation, the content of the agreement concluded between France and Germany should be taken into account.\n(8)\nIn the light of the above, the name ‘Thym de Provence’ should be entered in the Register of protected designations of origin and protected geographical indications,\nHAS ADOPTED THIS REGULATION:",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "OJ L 343, 14.12.2012, p. 1."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "OJ C 92, 24.3.2017, p. 14."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eur/2018/266/introduction",
    "retrieved_at": "2026-11-01T14:44:15.658743+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}