14.1.2010   

EN

Official Journal of the European Union

L 9/1

(1)

Pursuant to Article 6(2) and in accordance with Article 17(2) of Regulation (EC) No 510/2006, the Czech Republic’s application to register the name ‘Jihočeská Niva’ was published in the Official Journal of the European Union  (2).

(2)

Slovakia submitted an objection to the registration under Article 7(1) of Regulation (EC) No 510/2006. The objection was deemed admissible under points (b) and (c) of the first subparagraph of Article 7(3) of that Regulation.

(3)

Slovakia indicated in the objection that the registration of the name in question would be contrary to Article 3(4) of Regulation (EC) No 510/2006 and would jeopardise the existence of trademarks registered on the territory of Slovakia.

(4)

By a letter dated 24 June 2008, the Commission asked the Member States concerned to seek agreement among themselves in accordance with their internal procedures.

(5)

Given that no agreement was reached between Slovakia and the Czech Republic within the designated timeframe, the Commission must adopt a decision in accordance with the procedure outlined in Article 15(2) of Regulation (EC) No 510/2006.

(6)

In the light of the information provided by Slovakia, the Commission cannot conclude that the registration of the name ‘Jihočeská Niva’ would be contrary to Article 3(4) of Regulation (EC) No 510/2006. While the objector may have shown evidence that the name ‘Jihočeská Niva’ can be associated with a name ‘Niva’, no evidence has been provided of the degree of distinctiveness the trademark acquired due to its reputation, renown and the length of time it was used. Therefore, on the basis of the information available, it has not been shown that the registration of ‘Jihočeská Niva’ would be liable to mislead consumers as to the true identity of the product.

(7)

No evidence has been presented which would allow the Commission to conclude that having regard to the fair and traditional usage and the actual likelihood of confusion, registration of the name ‘Jihočeská Niva’ as a protected geographical indication would run counter to the provisions laid down in Article 7. According to the evidence presented to the Commission, the term ‘Niva’ was used in a generic way for a type of cheese, within the Czech and Slovak Republic, since tens of years. Moreover, registration of the said name as a protected geographical indication would not require the cancellation or invalidation of the trade marks, since they were applied for prior to the date of submission of the registration application to the Commission, nor hinder continued use of the same. Furthermore, according to the information available to the Commission, the exclusive right of the proprietor of the said trade marks would not entitle him to prohibit a third party from using, in the course of trade and in accordance with honest practices in industrial or commercial matters, an indication concerning geographical origin pursuant to Article 6 of Directive 2008/95/EC of the European Parliament and of the Council of 22 October 2008 to approximate the laws of the Member States relating to trade marks (3).

(8)

In the light of the above, the name ‘Jihočeská Niva’ should be entered in the ‘Register of protected designations of origin and protected geographical indications’.

(9)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Protected Geographical Indications and Protected Designations of Origin,

14.1.2010   

EN

Official Journal of the European Union

L 9/3

(1)

Commission Regulation (EC) No 796/2004 of 21 April 2004 laying down detailed rules for the implementation of cross-compliance, modulation and the integrated administration and control system provided for in Council Regulations (EC) No 1782/2003 and (EC) No 73/2009, as well as for the implementation of cross-compliance provided for in Council Regulation (EC) No 479/2008 (2) provides, in its Article 21, for reductions to be applied in the case of late submission of an aid application as well as documents, contracts or declarations which are constitutive for the eligibility for the aid.

(2)

Pursuant to Article 6 of Regulation (EC) No 796/2004 Member States have to ensure that agricultural parcels are reliably identified and to require the single application to be accompanied by documents identifying the parcels in order to enable the implementation of the control system. Moreover, pursuant to Article 12(1) of that Regulation the single application shall contain all the information necessary to establish the eligibility for the aid. This includes particulars permitting identification of all agricultural parcels on the holding and their location.

(3)

In order to tackle the deficiencies related to the identification of agricultural parcels, which were regularly detected in the past, the Greek farmers were required for the first time in 2009, for their application to be eligible, to identify the agricultural parcels related to their application also in digital form, in addition to the identification in alpha-numeric form solely required in previous years.

(4)

However, Greece has experienced exceptional circumstances in its administration of the single application for 2009. The practical implementation of such digital identification was significantly delayed due to unexpected problems, linked to the severe technical difficulties experienced.

(5)

Apart from its intrinsic technical complexity, the digitisation process was hampered by the overall situation of Greek agricultural parcels, widely scattered and significantly entangled. Specific abilities and in-depth knowledge were accordingly required of farmers in order to ensure the smooth and accurate implementation of the digitisation process.

(6)

In this connection, extensive information and advice from the competent public and private bodies involved proved necessary. Specific large-scale and time-consuming arrangements for an appropriate training of Greek farmers were required.

(7)

In addition, a series of severe and persistent network failures and ill-functioning connections, in particular in remote areas, were experienced.

(8)

This situation has affected to a significant degree the Greek farmers’ ability to lodge, within the deadline provided for in Article 11(2) of Regulation (EC) No 796/2004, a single application that would also encompass, from 2009 onwards, a digitised identification of the agricultural parcels. Indeed, only a very small number of farmers have been able to comply with the requirement of digitised identification within the deadline. Numerous other farmers have subsequently completed their application by adding such identification.

(9)

In view of this situation, it is appropriate that for the 2009 application year, no reductions or exclusion as laid down in Article 21(1) of Regulation (EC) No 796/2004 should apply on grounds of late digital identification of agricultural parcels, provided such digital identification is included in the farmers’ single application by a date which takes into account both the fact that numerous Greek farmers have in the meantime been able to complete the missing data and the need to ensure a speedy treatment of applications received for 2009, avoiding unnecessary delays in the expenditure cycle. It appears appropriate to set 31 January 2010 as the latest date by which farmers should be allowed to supplement the digitised identification. However, in order to take into account their particular connection and transport problems, farmers in the smaller Aegean islands within the meaning of Article 1(2) of Council Regulation (EC) No 1405/2006 of 18 September 2006 laying down specific measures for agriculture in favour of the smaller Aegean islands and amending Regulation (EC) No 1782/2003 (3) should be allowed to supplement such identification by 15 February 2010 at the latest.

(10)

Since the proposed derogation should cover the applications submitted for aid year 2009, it is appropriate that this Regulation applies retroactively.

(11)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Direct Payments,

14.1.2010   

EN

Official Journal of the European Union

L 9/5

(1)

Annex I to Regulation (EC) No 872/2004 lists the natural and legal persons, bodies and entities covered by the freezing of funds and economic resources under that Regulation.

(2)

On 16 December 2009, the Sanctions Committee of the United Nations Security Council decided to amend the list of persons, groups and entities to whom the freezing of funds and economic resources should apply. Annex I should therefore be amended accordingly,

14.1.2010   

EN

Official Journal of the European Union

L 9/7

14.1.2010   

EN

Official Journal of the European Union

L 9/9

(1)

Commission Regulation (EC) No 955/2005 (3) opened an annual import tariff quota for 5 605 tonnes of rice falling within CN code 1006 originating in Egypt (order No 09.4097).

(2)

The notification made in accordance with Article 5(a) of Regulation (EC) No 955/2005 shows that the applications lodged from 13.00 (Brussels time) on 1 January 2010 until 13.00 on 8 January 2010 in accordance with Article 4(1) of that Regulation relate to quantities in excess of those available. The extent to which licences may be issued should therefore be determined and the allocation coefficient to be applied to the quantities applied for should be laid down.

(3)

The submission of new import licence applications should also be suspended under Regulation (EC) No 955/2005 until the end of the current quota period, in accordance with Article 4(2) of that Regulation.

(4)

In order to ensure sound management of the procedure of issuing import licences, the present Regulation should enter into force immediately after its publication,

14.1.2010   

EN

Official Journal of the European Union

L 9/10

(1)

Article 14 of Council Regulation (EEC) No 3821/85 of 20 December 1985 on recording equipment in road transport (1) requires the competent authority of a Member State to issue, at the request of a driver who has his normal residence in that Member State, a driver card, as defined in Annex IB to that Regulation.

(2)

Requirement 268a of Regulation (EEC) No 3821/85 requires Member States to exchange data electronically in order to ensure the uniqueness of the driver card that they issue. According to this requirement, the competent authorities of Member States may also exchange data electronically when carrying out checks of driver cards at the roadside or at company premises in order to verify the uniqueness and status of the cards.

(3)

The competent authority should ensure that applicants do not already hold a valid driver card.

(4)

Driver cards issued by Member States are mutually recognised.

(5)

The security, integrity and trustworthiness of the digital tachograph system should be assured by the proper control and use of driver cards issued throughout the European Union.

(6)

It is desirable that issuing authorities have effective processes and procedures in place to properly manage data about the issuance of tachograph cards in general, and driver cards in particular.

(7)

Member State issuing authorities should be able to check quickly, and reliably exchange, information about issued driver cards, and thereby prevent drivers being in possession of more than one valid driver card.

(8)

It should be possible for the responsible national authorities to verify during road side checks whether a driver is in possession of a driver card and to check the validity status of a given driver card.

(9)

The use of the TACHOnet messaging system is an established and trustworthy tool for the electronic exchange of data between Member States concerning the issuance and control of driver cards, and to which already 28 European countries are connected. The TACHOnet messaging system is defined by a set of reference documents, including XML messaging Reference Guide, all of which are published on the website of the Commission services responsible for the social aspects of the road transport policy.

(10)

The performance of the TACHOnet messaging system relies on the respective performances of the national systems. A minimum service level that Member States should endeavour to achieve in regard to availability of the system should therefore be set out,

1.

As regards the exchange of information when checking the uniqueness of the driver cards issued in accordance with Regulation (EEC) No 3821/85, Member States should use the TACHOnet messaging system.

2.

A group of Member States may also use, to exchange electronic data between themselves, a compatible system, which complies at least with the TACHOnet XML messaging Reference Guide published on the Commission website, as long as they exchange electronic data with all other Member States through TACHOnet.

3.

Member States should, when checking the uniqueness of the driver card, use the procedure set out in Annex I.

4.

Member States should enable, encourage and support their national enforcement and control bodies to use TACHOnet and/or equivalent systems in order to facilitate effective checks of the validity, status and uniqueness of driver cards, notably either at the roadside, or at the premises of undertaking.

5.

Member States should provide the minimum level of service of TACHOnet or a compatible system of point 2, as described in Annex II.

6.

Member States are invited to inform the Commission of actions taken in light of this Recommendation by 30 June 2010.

7.

Should an equivalent system for the electronic exchange of data, applicable to all Member States, be available, the Commission should review this Recommendation, at the request of at least five Member States and after consultation of the Committee set up by Article 18(1) of Regulation (EEC) No 3821/85.

8.

The Recommendation is addressed to the Member States.