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7.2.2013 Official
Journal
of
the
European
Union L
36/1
II
(Non-legislative acts)
REGULATIONS
COMMISSION IMPLEMENTING REGULATION (EU) No 110/2013
of 6 February 2013
entering a name in the register of protected designations of origin and protected geographical
indications [Gruyère (PGI)]
THE EUROPEAN COMMISSION,
of the name in question would be contrary to Article 3(3)
of Regulation (EC) No 510/2006.
Having regard to the Treaty on the Functioning of the European
Union,
(4) By
letters
of
23
May
2011,
the
Commission
asked
France
and the objectors to seek agreement among themselves.
Having regard to Regulation (EU) No 1151/2012 of the
(5) Given
that
no
agreement
was
reached
within
the
European Parliament and of the Council of 21 November
designated timeframe, the Commission should adopt a
2012 on quality schemes for agricultural products and food
decision.
stuffs ( 1 ), and in particular Article 52(3)(b) thereof,
(6) Concerning
the
alleged
failure
of
the
name
‘Gruyère’
to
Whereas:
comply with Article 2 of Regulation (EC) No 510/2006,
it should be noted that this name is a traditional name
within the meaning of Article 2(2) of Regulation (EC) No
510/2006 and may therefore be registered.
(1) Pursuant
to
Article
6(2)
of
Council
Regulation
(EC)
No
510/2006 of 20 March 2006 on the protection of
geographical indications and designations of origin for
agricultural products and foodstuffs (
(7) The
objectors
submitted
several
pieces
of
evidence
that

2 ), France’s appli
show, according to them, that the name in question is
cation to register the name ‘Gruyère’ as a protected
generic. It is, however, clear that the inclusion of a term
geographical indication (PGI) was published in the
given in Annex B to the Stresa Convention of 1951 does
Official Journal of the European Union ( 3 ).
not imply that the said term has become ipso facto
generic. Tariff codes and other similar provisions
regarding the name ‘Gruyère’ relate specifically to
(2) Australia,
New
Zealand
and
the
US
Dairy
Export
Council
customs issues and are therefore in no way relevant to
together with the National Milk Producers Federation of
the protection of intellectual property rights or to
the United States submitted objections to the registration
consumer protection. Furthermore, the data submitted
pursuant to Article 7(2) of Regulation (EC) No
concerning, in particular, the production of ‘Gruyère’
510/2006. These objections were deemed admissible
outside the European Union are not relevant considering
under Article 7(3) of that Regulation.
the principle of territoriality, according to which the
generic nature of a name must be evaluated in relation
to the territory of the EU.
(3) The objections concerned non-compliance with the
conditions laid down in Article 2 of Regulation (EC)
No 510/2006, in particular as regards the fact that the
(8) The
registration
of
homonymous
names
is
authorised
on
name does not refer to a geographical area. The generic
condition that the name registered subsequently is suffi
nature of the name and the harm caused to names,
ciently distinct in practice from the name already subject
trademarks and products that have been legally on the
to protection. In accordance with the joint statement
market for at least five years preceding the date of
annexed to the agreement between the European Union
publication provided for in Article 6(2) were also
and Switzerland on geographical indications ( 4 ), France
invoked. The objections further claimed that registration
and Switzerland have been consulted in order to
identify any additional labelling measures necessary in
order to avoid misleading consumers.
( 1 ) OJ L 343, 14.12.2012, p. 1.
( 2 ) OJ L 93, 31.3.2006, p. 12.
( 3 ) OJ C 298, 4.11.2010, p. 14.
( 4 ) OJ L 297, 16.11.2011, p. 3.

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L 36/2
EN
Official Journal of the European Union
7.2.2013
(9)
As a result of these consultations it appeared necessary to
HAS ADOPTED THIS REGULATION:
indicate the country of origin, in this case France, on the
label in the same field of vision as the name ‘Gruyère’, in
Article 1
letters of the same size as those of the name. In addition,
the use of any flags, emblems, signs or other graphic
The name contained in the Annex to this Regulation is hereby
representations on the labels should be prohibited if it
entered in the register.
might mislead consumers, in particular as regards the
characteristics, origin or provenance of the product.
Article 2
(10) In the light of the above, the name ‘Gruyère’ should be
Labels featuring the name contained in the Annex to this Regu
entered in the ‘register of protected designations of origin
lation shall indicate the country of origin in question in the
and protected geographical indications’.
same field of vision, in letters of the same size as those of the
name.
(11) The
granting
and
duration
of
the
five-year
transitional
period referred to in Article 8(3) of the Agreement
The use of any flags, emblems, signs or other graphic represen
between the European Union and the Swiss Confed
tations on the labels that might mislead consumers, in particular
eration is not being called into question by the regis
as regards the characteristics, origin or provenance of the
tration of the name ‘Gruyère’ for France under this Regu
product, is prohibited.
lation.
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, 6 February 2013.
For the Commission
The President
José Manuel BARROSO
ANNEX
Agricultural products intended for human consumption listed in Annex I to the Treaty:
Class 1.3. Cheeses
FRANCE
Gruyère (PGI)

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