Mr Marco CAMPOMENOSI Member of European Parliament European
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JANUSZ WOJCIECHOWSKI RUE DE LA LOI, 200 MEMBER OF THE EUROPEAN COMMISSION B-1049 BRUSSELS AGRICULTURE TEL. + 32-2 295 02 20 [email protected] Brussels, (2021)5392489 Dear Honourable Member, Thank you for your letter of 8 July 2021, sent on behalf of the ‘Lega’ delegation at the European Parliament, concerning Croatia’s application for the protection of the traditional term ‘Prosěk’. I understand your deep concerns in relation to this issue. However, it is important that the background to this application is taken into account. In this respect, it is especially important to note that the Commission is under the obligation to assess all filed applications for protection of traditional terms as regards their admissibility and validity within the meaning of the applicable Union legislation. As regards Croatia’s application for the protection of the traditional term 'Prošek', the Commission has assessed its compliance with the admissibility and validity requirements and will now proceed with its publication in the Official Journal of the European Union. All interested parties will have two months from the date of publication to submit a substantiated objection. The Commission will then analyse any objection received and will take a final decision considering all elements at its disposal. As far as whole or partial homonymy with an already protected geographical indication might be raised as an objection ground, it should be noted that homonymy alone is not a sufficient factor for the rejection of an application. Two homonymous terms may co-exist Mr Marco CAMPOMENOSI Member of European Parliament European Parliament 60, rue Wiertz / Wiertzstraat 60 B-1047 Bruxelles/Brussel Email: [email protected] under certain conditions, in particular with due regard to local and traditional usage and the risk of confusion for the consumer. As you point out, geographical indications are protected to a high standard in the EU, including against evocation and misuse. The protection system specifically takes account of the rights of all parties, including those who use varietal names, prior good-faith trade marks and, in this case, proposed traditional terms, that can conflict with GIs. The rules ensure fairness and equity among all parties and stress the need to avoid labelling that misleads consumers. Yours faithfully, Janusz WOJCIECHOWSKI Copy to Members of European Parliament: Marco Zanni, Matteo Adinolfi, Simona Renata Baldassarre, Alessandra Basso, Mara Bizzotto, Anna Bonfrisco, Paolo Borchia, Massimo Casanova, Susanna Ceccardi, Angelo Ciocca, Rosanna Conte, Gianantionio Da Re, Francesca Donato, Marco Dreosto, Gianna Gancia, Valentino Grant, Oscar Danilo Lancini, Elena Lizzi, Alessandro Panza, Antonio Maria Rinaldi, Silvia Serafina Sardone, Annalisa Tardino, Isabella Tovaglieri, Stefania Zambelli. 2 Electronically signed on 02/08/2021 10:01 (UTC+02) in accordance with article 11 of Commission Decision C(2020) 4482.