Date: 2018-02-23Category: Not ApplicableState: Union GovernmentCountry: Europe
Commission Implementing Regulation (EU) 2018/266 of 19 February 2018 entering a name in the register of protected designations of origin and protected geographical indications (‘Thym de Provence’ (PGI))
Issued by European Commission
· Directorate-General for Agriculture and Rural Development
Executive Summary:
Commission Implementing Regulation (EU) 2018/266 registers "Thym de Provence" as a Protected Geographical Indication (PGI). This regulation follows an opposition from Germany regarding the term "Herbes de Provence." The agreement reached allows for the continued use of "Herbes de Provence" within the Union. The regulation came into force twenty days after its publication in the Official Journal of the European Union.
Key Points / Main Content:
Registration:
* "Thym de Provence" is registered as a Protected Geographical Indication (PGI).
* The registered product falls under Class 1.8 (spices) of Annex I to the Treaty.
"Herbes de Provence":
* The use of the term "Herbes de Provence" and its translations is permitted within the Union.
* This use must respect the applicable legal principles and rules.
Entry into Force:
* The Regulation entered into force on the twentieth day following its publication in the Official Journal of the European Union.
Impact Analysis:
France:
* Impact: Benefits from the PGI protection for "Thym de Provence."
* Action Required: Ensure compliance with the PGI specifications for "Thym de Provence."
Germany:
* Impact: Can continue to allow the use of "Herbes de Provence" within its territory.
* Action Required: Ensure the principles and rules applicable in its legal order are respected regarding "Herbes de Provence".
European Union Member States:
* Impact: Must recognize and enforce the PGI status of "Thym de Provence".
* Action Required: Apply the regulation in its entirety and directly.
Producers and Marketers of Spice and Herb Products:
* Impact: Producers of "Thym de Provence" benefit from PGI protection. Producers of "Herbes de Provence" can continue to use the term.
* Action Required: Respect the PGI requirements for "Thym de Provence" and applicable legal principles for "Herbes de Provence."
Key Entities Referenced
Regulation EU No 1151/2012: Regulation of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs.
European Commission: An institution of the European Union, responsible for proposing legislation, implementing decisions, upholding the EU treaties and managing the day-to-day business of the EU.
Brussels: The de facto capital city of the European Union, where the regulation was adopted.
European Union: A political and economic union of member states located primarily in Europe.
Thym de Provence PGI: Protected Geographical Indication (PGI) for Thym de Provence, a type of thyme from Provence, France.
France: A country in Europe, the applicant for the registration of 'Thym de Provence' as PGI.
Germany: A country in Europe, which raised an opposition to the registration of 'Thym de Provence' as PGI.
Herbes de Provence: A typedefined mixture of herbs, commonly used in spice and seasoning-making, which includes herbs such as rosemary, oregano, thyme, sage and lavender, but also bay leaf and other spices such as nutmeg and cloves, in various combinations.
L 51/6 EN Official Journal of the European Union 23.2.2018
COMMISSION IMPLEMENTING REGULATION (EU) 2018/266
of 19 February 2018
entering a name in the register of protected designations of origin and protected geographical
indications (‘Thym de Provence’ (PGI))
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, the application from France to register the name
‘Thym de Provence’ as protected geographical indication (PGI) was published in the Official Journal of the European
Union (2).
(2) On 9 June 2017 the Commission received the notice of opposition and the related reasoned statement of
opposition from Germany. The Commission forwarded the notice of opposition and the reasoned statement of
opposition sent by Germany to France on 22 June 2017.
(3) Germany opposed to the registration of the name ‘Thym de Provence’ because it would jeopardise the use of the
term ‘Herbes de Provence’ (‘Kräuter der Provence’ in German) commonly used in spice- and seasoning-making to
describe a type-defined mixture of herbs, normally containing, among others, rosemary, oregano, thyme, sage
and lavender, but also bay leaf and other spices such as nutmeg and cloves, in various combinations. While the
mixture of herbs called ‘Herbes de Provence’ contains typical Provençal herbs, it also contains other spices such as
bay and nutmeg which are not typical of Provence. In addition, ‘Herbes de Provence’ is made with herbs which
do not necessarily originate from Provence. The registration of the name ‘Thym de Provence’ therefore might
jeopardise the marketing of the entire mixture of herbs and spices as ‘Herbes de Provence’.
(4) Finding such opposition admissible, by letter dated 1 August 2017, the Commission invited France and Germany
to engage in appropriate consultations for a period of three months to seek agreement among themselves in
accordance with their internal procedures.
(5) An agreement was reached between the parties. France communicated the results of the agreement to the
Commission on 6 November 2017.
(6) France and Germany agreed that even after the registration of the designation ‘Thym de Provence’ as PGI the use
of the term ‘Herbes de Provence’, including its translations, should continue to be allowed within the territory of
the Union provided the principles and rules applicable in its legal order are respected.
(7) As it complies with the provisions of Regulation (EU) No 1151/2012 and EU legislation, the content of the
agreement concluded between France and Germany should be taken into account.
(8) In the light of the above, the name ‘Thym de Provence’ should be entered in the Register of protected
designations of origin and protected geographical indications,
HAS ADOPTED THIS REGULATION:
Article 1
The name ‘Thym de Provence’ (PGI) is registered.
The name in the first paragraph identifies a product from Class 1.8. Other products of Annex I to the Treaty (spices etc.)
of Annex XI to Commission Implementing Regulation (EU) No 668/2014 (3).
(1) OJ L 343, 14.12.2012, p. 1.
(2) OJ C 92, 24.3.2017, p. 14.
(3) Commission Implementing Regulation (EU) No 668/2014 of 13 June 2014 laying down rules for the application of Regulation (EU)
No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs (OJ L 179,
19.6.2014, p. 36).23.2.2018 EN Official Journal of the European Union L 51/7
Article 2
The term ‘Herbes de Provence’ and its translations may continue to be used on the market within the territory of the
Union provided the principles and rules applicable in its legal order are respected.
Article 3
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the
European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 February 2018.
For the Commission
The President
Jean-Claude JUNCKER