Commission Implementing Regulation (EU) 2019/1841 of 31 October 2019 entering a name in the register of protected designations of origin and protected geographical indications Vlees van het rood ras van West-Vlaanderen (PDO)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having 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⁽¹⁾, and in particular Article 52(3)(a) thereof,

Whereas:

1. Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, application from Belgium to register the name ‘Vlees van het rood ras van West-Vlaanderen’ as protected designation of origin (PDO) was published in the Official Journal of the European Union⁽²⁾.

2. On 27 July 2018 the Commission received a notice of opposition from France. The related reasoned statement of opposition was received by the Commission on 26 September 2018.

3. France claimed that the conditions under Article 5 of Regulation (EU) No 1151/2012 are not complied with. It alleged that the name proposed for registration as PDO ‘Vlees van het rood ras van West-Vlaanderen’ is not attached to any specific place. It just identifies the bovine breed ‘Red breed of West Flanders’ from which the meat is produced according to the related product specifications.

4. In addition, France also claimed that the name proposed would be contrary to Article 6(2) because likely to mislead the consumer as to the true origin of the product. Since the name to register contains the term ‘ras’ meaning ‘breed’, it would be impossible to differentiate between a meat produced following the product specification of the Protected Designation of Origin and a meat simply obtained from animals of the same breed but not covered by the Protected Designation of Origin. Consequently, a high risk of confusion for the consumer would exist.

5. Finding such opposition admissible, by letter dated 14 November 2018, the Commission invited Belgium and France to engage in appropriate consultations for a period of three months to seek agreement among themselves in accordance with their internal procedures.

6. At the request of the applicant the deadline for consultation was extended for three additional months.

7. An agreement was reached between the parties. Belgium communicated the results of the agreement to the Commission by letter of 14 May 2019. It was clarified that the official name of the breed is ‘Rood’ and not ‘Rood ras van West-Vlaanderen’. Therefore, the geographical element of the name is not part of the name of the breed but it is the geographical component of the name to register and it indicates the origin of the product.

8. In addition, in the light of the above clear distinction, the name may not be considered likely to mislead the consumer as to the true origin of the product. Complying with the general Union’s labelling rules would be sufficient to avoid the risk of misleading the consumers also with reference to translations and in particular to possible conflict with the name of the French breed ‘Rouge Flamande’.

9. Protection should be granted to the name ‘Vlees van het rood ras van West-Vlaanderen’ as a whole. Producers should be allowed to continue to use individual components of that name, even jointly and also in translation, provided the principles and rules applicable in the Union’s legal order are respected.

10. As it complies with the provisions of Regulation (EU) No 1151/2012 and Union legislation, the content of the agreement concluded between Belgium and France should be taken into account.

11. The texts of the single document and of the product specification were amended accordingly. Such changes made to the single document are deemed not substantial. The herdbook of the breed ‘Rood’ and the regulations of the applicant group were attached to the product specification.

12. Since the changes to the single document are not substantial, a repetition of the scrutiny, as provided for in Article 51(4) of Regulation (EU) No 1151/2012, is not required. The consolidated version of the single document should, however, be published for information.

13. In the light of the above, the name ‘Vlees van het rood ras van West-Vlaanderen’ should be entered in the Register of protected designations of origin and protected geographical indications,

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