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6.12.2013 Official
Journal
of
the
European
Union L
326/37
COMMISSION IMPLEMENTING REGULATION (EU) No 1266/2013
of 5 December 2013
entering a name in the register of protected designations of origin and protected geographical
indications (Holsteiner Tilsiter (PGI))
THE EUROPEAN COMMISSION,
(5) By
letter
of
2
May
2013
the
Commission
asked
the
interested parties to hold appropriate consultations.
Having regard to the Treaty on the Functioning of the European
Union,
(6) Agreement
was
reached
between
Germany
and
the
objecting parties within the stipulated three-month
period and notified to the Commission on 16 July 2013.
Having regard to Regulation (EU) No 1151/2012 of the
European Parliament and of the Council of 21 November
(7) It
emerges
from
the
abovementioned
consultations
that
2012 on quality schemes for agricultural products and food
the objecting parties’ main concern relates to the status
stuffs ( 1 ), and in particular Article 52(2) thereof,
of the terms ‘Tilsit’ and ‘Tilsiter’ only, the latter being
contained in the composite name ‘Holsteiner Tilsiter’.
Whereas:
However, the protection sought by the producer relates
only to the said composite name as a whole. Pursuant to
(1) Regulation
(EU)
No
1151/2012
repealed
and
replaced
the last subparagraph of Article 13(1) of Regulation (EU)
Council Regulation (EC) No 510/2006 of 20 March
No 1151/2012, the names ‘Tilsit’ and ‘Tilsiter’ may
2006 on the protection of geographical indications and
continue to be used within the territory of the Union
designations of origin for agricultural products and food
provided that the principles and rules applicable under
stuffs (
the Union’s legal system are complied with.

2 ).

(8) The
name
‘Holsteiner
Tilsiter’
should
therefore
be
entered
(2) Pursuant
to
Article
6(2)
of
Regulation
(EC)
No
in the register of protected designations of origin and
510/2006, Germany’s application to register the name
protected geographical indications,
‘Holsteiner Tilsiter’ was published in the Official Journal

of the European Union ( 3 ).
HAS ADOPTED THIS REGULATION:
(3)
Dairy Australia Limited, the Dairy Companies Association
Article 1
of New Zealand and the Consortium for Common Food
Names lodged statements of objection to that registration
The name contained in the Annex to this Regulation is hereby
pursuant to Article 7(3)(b) of Regulation (EC) No
entered in the register.
510/2006. Those statements of objection were deemed
admissible under Article 7(3) of that Regulation.
Notwithstanding the first paragraph, the names ‘Tilsit’ and ‘Til
siter’ may continue to be used within the territory of the Union
provided that the principles and rules applicable under the
(4) The
abovementioned
statements
of
objection
stressed,
in Union’s legal system are complied with.
particular, that registering the name in question would
jeopardise the existence of names, trade marks or
Article 2
products which had been marketed legally for at least
five years before the publication date provided for in
This Regulation shall enter into force on the twentieth day
Article 6(2), and that the name proposed for registration
following that of its publication in the Official Journal of the
was generic.
European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 5 December 2013.
For the Commission
The President
José Manuel BARROSO
( 1 ) OJ L 343, 14.12.2012, p. 1.
( 2 ) OJ L 93, 31.3.2006, p. 12.
( 3 ) OJ C 288, 25.9.2012, p. 9.

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L 326/38
EN
Official Journal of the European Union
6.12.2013
ANNEX
Agricultural products intended for human consumption listed in Annex I to the Treaty:
Class 1.3. Cheeses
GERMANY
Holsteiner Tilsiter (PGI)

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Document Outline

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