Regulation 2002/1829 - Amendment of the Annex to Regulation (EC) No 1107/96 with regard to the name "Feta" - Main contents

official title

 

Legal instrument	Regulation
Number legal act	Regulation 2002/1829
Original proposal	COM(2002)314
CELEX number i	32002R1829

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Commission Regulation (EC) No 1829/2002 of 14 October 2002 amending the Annex to Regulation (EC) No 1107/96 with regard to the name "Feta" (Text with EEA relevance)

Official Journal L 277 , 15/10/2002 P. 0010 - 0014

Commission Regulation (EC) No 1829/2002

of 14 October 2002

amending the Annex to Regulation (EC) No 1107/96 with regard to the name "Feta"

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 2081/92 of 14 July 1992 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs(1), as last amended by Commission Regulation (EC) No 2796/2000(2), and in particular Article 17 thereof,

Whereas:

• (1) 

  Under Article 17(1) of Regulation (EEC) No 2081/92, on 21 January 1994 the Greek authorities sent the Commission an application for the registration of the name "Feta" for a cheese.

• (2) 

  The name "Feta" was registered as a protected designation of origin under Commission Regulation (EC) No 1107/96 of 12 June 1996 on the registration of geographical indications and designations of origin under the procedure laid down in Article 17 of Council Regulation (EEC) No 2081/92(3), as last amended by Commission Regulation (EC) No 546/2002(4).

• (3) 

  The Kingdom of Denmark, the Federal Republic of Germany and the French Republic subsequently brought an action for that registration to be annulled under Article 230 of the Treaty.

• (4) 

  In its judgment of 16 March 1999 on Joined Cases C-289/96, C-293/96 and C-299/96, the Court of Justice partly annulled Regulation (EC) No 1107/96 in so far as it registered the name "Feta" as a protected designation of origin. The Court considered that the Commission "did not take due account of all the factors which the third indent of Article 3(1) of the basic Regulation required it to take into consideration", emphasising in particular that the Commission had paid insufficient attention to the actual situation in the Member States.

• (5) 

  Commission Regulation (EC) No 1070/1999 amending the Annex to Regulation (EC) No 1107/96(5) accordingly deleted the name "Feta" from the said Annex and from the register of protected designations of origin and geographical indications.

• (6) 

  Next, on 15 October 1999, the Commission sent each of the Member States a detailed questionnaire intended to provide an exhaustive updated picture of the situation in all the Member States with regard to the production and consumption of "Feta" and the knowledge of the term professed by Community consumers.

• (7) 

  With regard to the production of "Feta" cheese, the Member States were asked to describe the situation as regards the following factors: the existence of national rules or specific codified practices, the conditions in which production was commenced (in particular the objectives sought, whether the initiative was private or public, the markets and the consumer profile targeted), the quantities produced each year, the final destination of the product, and the exact names of the relevant trademarks used.

• (8) 

  With regard to the consumption of "Feta" cheese, the Member States were asked to describe the situation as regards the following factors: the existence of rules on the marketing of this cheese, the quantities consumed each year, the geographic origin of the cheese consumed, and the specific labels present on the market.

• (9) 

  With regard to consumer knowledge of the name "Feta", the Member States were asked to describe the situation as regards the following factors: definitions of this term, in particular in general works such as dictionaries and encyclopaedias, relevant demoscopic studies or surveys, and any other additional information.

• (10) 

  The...

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