HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"EN
3.10.2012 Official
Journal
of
the
European
Union L
268/3
COMMISSION IMPLEMENTING REGULATION (EU) No 901/2012
of 2 October 2012
entering a name in the register of protected designations of origin and protected geographical
indications (tajersko prekmursko buno olje (PGI))
THE EUROPEAN COMMISSION,
method, which is allegedly neither specific nor tradi
tional; the alleged absence of a link between the
product’s reputation and the area of production; and
Having regard to the Treaty on the Functioning of the European
the alleged incorrect use of the name of a region as
Union,
geographical indication. However, no obvious error
related to these elements was identified by the
Commission. Slovenia further provided evidence to
show the name ‘tajersko prekmursko buno olje’ was
Having regard to Council Regulation (EC) No 510/2006 of
used in the sense of Article 2(1)(b), of Regulation (EC)
20 March 2006 on the protection of geographical indications
No 510/2006.
and designations of origin for agricultural products and food
stuffs ( 1 ), and in particular the third subparagraph of Article 7(5)
thereof,
(7) The
objection
showed
that
a
trade
mark
including
the
term ‘Steirisches Kürbiskernl’ had been registered prior
to the application for registration of the term ‘tajersko
Whereas:
prekmursko buno olje’ as a PGI. Nevertheless, no
evidence was provided that consumers would be liable
to be misled as to the true identity of a product marketed
(1) Pursuant
to
Article
6(2)
of
Regulation
(EC)
No
510/2006,
under the name ‘tajersko prekmursko buno olje’.
Slovenia’s application of 29 October 2004 to register the
Therefore, the Commission cannot conclude that the
name ‘tajersko prekmursko buno olje’ as a protected
registration of the name ‘tajersko prekmursko buno
geographical indication (PGI) was published in the Official
olje’ would be contrary to Article 3(4) of Regulation
Journal of the European Union ( 2 ).
(EC) No 510/2006.
(2)
Several natural and legal persons in Austria objected to
(8) This
trade
mark
may
continue
to
be
used
in
spite
of
the
the proposed registration by lodging substantiated
registration of the term ‘tajersko prekmursko buno olje’
statements of opposition with the Austrian competent
as a PGI, unless grounds for its invalidity or revocation
authorities under Article 7(2) of Regulation (EC)
occur under trade mark law.
No 510/2006.
(9) In
addition,
it
should
be
noted
that
the
term
‘Steirisches
(3) An
objection
to
such
registration
was
then
lodged
by
Kürbiskernl’ is also a PGI registered through
Austria under Article 7(1) of Regulation (EC)
Commission Regulation (EC) No
1263/96
(
No 510/2006. The objection was deemed admissible

3 ). The
names ‘tajersko prekmursko buno olje’ and ‘Steirisches
under points (a), (b) and (c) of the first subparagraph
Kürbiskernl’, in their respective original languages, are
of Article 7(3) thereof.
clearly different, so allowing to conclude that these
names are not homonymous; therefore, the existence of
the name ‘Steirisches Kürbiskernl’ would not be jeop
(4) By
letter
dated
8
October
2009,
the
Commission
asked
ardised by the registration of ‘tajersko prekmursko
the Member States concerned to seek agreement among
buno olje’ within the meaning of point (c) of Article 7(3)
themselves in accordance with their internal procedures.
of Regulation (EC) No 510/2006.
(5) Given
that
no
agreement
was
reached
within
the (10) Since
no
agreement
has
been
reached,
the
Commission
designated timeframe, the Commission should adopt a
should take a decision in line with the third
decision in accordance with the procedure referred to
subparagraph of Article 7(5) of Regulation (EC)
in Article 15(2) of Regulation (EC) No 510/2006.
No 510/2006. The denomination ‘Steierisches Kürbis
kernl’ has been registered before the term ‘tajersko
prekmursko buno olje’. Article 13(1)(b) of Regulation
(6) The
objection
regarding
the
alleged
failure
of
compliance
(EC) No 510/2006 protects the denomination ‘Steirisches
with Article 2 of Regulation (EC) No
510/2006
Kürbiskernl’ against use in translations. The term
concerned the origin of raw materials, which is neither
‘tajersko’ is deemed a literal translation of the
restricted to the area nor indicated; the production
geographical term ‘Steirisches’. Furthermore, when
translated into third languages, the two denominations
( 1 ) OJ L 93, 31.3.2006, p. 12.
( 2 ) OJ C 72, 26.3.2009, p. 67.
( 3 ) OJ L 163, 2.7.1996, p. 19.

---

L 268/4
EN
Official Journal of the European Union
3.10.2012
may be very similar. While there is no reason not to
HAS ADOPTED THIS REGULATION:
register the term ‘tajersko prekmursko buno olje’, it
is necessary to protect existing prior rights and ensure
fair usage. Therefore, the geographical components of the
Article 1
designation ‘tajersko prekmursko buno olje’ should not
be translated into other languages when marketing the
The designation contained in the Annex to this Regulation shall
product corresponding to the specification for ‘tajersko
be entered in the register.
prekmursko buno olje’. This would thus apply both for
use of such translation on the label as well as in presen
Article 2
tations or advertising of the product. Furthermore, with
respect to labels, the country of origin should be
References to the regions of tajerska and Prekmurje shall not
indicated in the same field of vision as the term ‘tajersko
be translated when marketing products conforming to the spec
prekmursko buno olje’, in letters of the same size as
ification of the designation contained in the Annex to this
those used for that term.
Regulation.
(11) In the light of the above, the name ‘tajersko prekmursko
Labels containing the designation contained in the Annex to
buno olje’ should be entered in the register of protected
this Regulation shall indicate the country of origin in the
designations of origin and protected geographical indi
same field of vision, in letters of the same size as those of
cations.
the designation.
Article 3
(12) The
measures
provided
for
in
this
Regulation
are
in
accordance with the opinion of the Standing
This Regulation shall enter into force on the twentieth day
Committee on Protected Geographical Indications and
following that of its publication in the Official Journal of the
Protected Designations of Origin,
European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 2 October 2012.
For the Commission
The President
José Manuel BARROSO
ANNEX
Agricultural products intended for the human consumption listed in Annex I to the Treaty:
Class 1.5. Oils and fats (butter, margarine, oil, etc.)
SLOVENIA
tajersko prekmursko buno olje (PGI)

---

Document Outline

• �

---