Answer given by M.Cioloș on behalf of the Commission
15.7.2013
The Commission is not aware of the facts related to the question. The use of the term ‘PROSEK’ for wine products in the EU is not part of the Accession Treaty of Croatia and no specific Croatian request has been received by the Commission concerning the use of this denomination after accession to the EU. In this context, the use in trade of the term in question may raise legal problems as far as it may fall under the scope of Article 118m of Regulation (EC) No 1234/2007[1], since it could conflict with the protection of the Italian PDO[2] ‘Prosecco’. The Croatian authorities are aware of that legal point of view.
The enforcement of that protection is ensured in the internal market by the competent authorities of the Member States. Furthermore, the EU has negotiated bilateral agreements with several third countries to ensure a high level of protection of EU PDO in those countries, including for the PDO ‘Prosecco’.
Nevertheless, if an application for the protection of ‘PROSEK’ as PGI[3] or PDO or as a traditional term was received after 1 July 2013, the requirements concerning the submission of applications and the rules concerning the scrutiny by the Commission would apply, as foreseen in Section Ia of Chapter I of Title II of Regulation (EC) No 1234/2007 as well as the detailed provisions set out in Chapters II and III of Regulation (EC) No 607/2009[4]. Such scrutiny, preceding the decision of protection or refusal of protection, includes the consideration of eventual homonymous wines names already registered. However, until this date no application was received by the Commission.
- [1] OJ L 299, 16.11.2007.
- [2] Protected Denomination of Origin.
- [3] Protected Geographical Indication.
- [4] OJ L 193, 24.7.2009.
OJ C 46 E, 18/02/2014