9.12.2017   

EN

Official Journal of the European Union

L 326/40

(1)

In accordance with Article 26 of Regulation (EU) No 1151/2012, Poland submitted the name ‘Kabanosy staropolskie’ in view of enabling it to be registered in the register of Traditional Specialities Guaranteed provided for in Article 22 of Regulation (EU) No 1151/2012. ‘Kabanosy staropolskie’ are long, thin sticks of dry sausage.

(2)

The name ‘Kabanosy’ had previously been registered (2) as traditional speciality guaranteed without reservation of name in accordance with Article 13(1) of Council Regulation (EC) No 509/2006 (3).

(3)

Following the national opposition procedure referred to in the second subparagraph of Article 26(1) of Regulation (EU) No 1151/2012, the name ‘Kabanosy’ was complemented by the term ‘staropolskie’. This complementing term identifies the traditional character of the name, in accordance with the third subparagraph of Article 26(1) of Regulation (EU) No 1151/2012.

(4)

The submission of the name ‘Kabanosy staropolskie’ was received by the Commission and subsequently published in the Official Journal of the European Union  (4).

(5)

On 26 August 2016 the Commission received a reasoned statement of opposition. On 9 September 2016 the Commission forwarded the statement of opposition.

(6)

Romania claimed that the registration of ‘Kabanosy staropolskie’ would jeopardise the existence of the partially homonymous name ‘Cabanos’, which is the Romanian name of the Romanian variation of ‘Kabanosy’. Indeed, ‘Cabanos’ is the name of Romanian meat preparations having very similar raw materials and production technology to the product ‘Kabanosy staropolskie’ proposed by Poland as a Traditional Speciality Guaranteed (TSG).

(7)

Finding the opposition admissible, by letter of 7 November 2016 the Commission invited Poland and Romania to engage in appropriate consultations for a period of 3 months to seek agreement among themselves in accordance with their internal procedures.

(8)

An agreement was reached between the parties. Poland communicated the results of the agreement to the Commission by letter of 2 February 2017.

(9)

Poland and Romania agreed that the protection should cover only the term ‘Kabanosy staropolskie’ as a whole. Such protection should, therefore, not hinder the use of the term ‘Kabanosy’ per se nor the use of variations thereof such as ‘Cabanos’.

(10)

The Commission notes that the agreement recognises that ‘Kabanosy staropolskie’ should be registered as TSG and aims at ensuring fair usage of the related rights.

(11)

The name ‘Kabanosy staropolskie’, should therefore be entered in the register of traditional specialities guaranteed,