3.10.2012 Official Journal of the European Union L 268/3 COMMISSION IMPLEMENTING REGULATION (EU) No 901/2012 of 2 October 2012 entering a name in the register of protected designations of origin and protected geographical indications (Stajersko prekmursko bu¢no olje (PGI)) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and food- stuffs (), and in particular the third subparagraph of Article 7(5) thereof, Whereas: 1 () ) Pursuant to Article 6(2) of Regulation (EC) No 510/2006, Slovenia’s application of 29 October 2004 to register the name ‘Stajersko prekmursko bucno olje’ as a protected geographical indication (PGI) was published in the Official Journal of the European Union (?). Several natural and legal persons in Austria objected to the proposed registration by lodging substantiated statements of opposition with the Austrian competent authorities under Article 7(2) of Regulation (EC) No 510/2006. An objection to such registration was then lodged by Austria  under Article 7(1) of Regulation (EC) No 510/2006. The objection was deemed admissible under points (a), (b) and (c) of the first subparagraph of Article 7(3) thereof. By letter dated 8 October 2009, the Commission asked the Member States concerned to seek agreement among themselves in accordance with their internal procedures. Given that no agreement was reached within the designated timeframe, the Commission should adopt a decision in accordance with the procedure referred to in Article 15(2) of Regulation (EC) No 510/2006. The objection regarding the alleged failure of compliance with Article 2 of Regulation (EC) No 510/2006 concerned the origin of raw materials, which is neither restricted to the area nor indicated; the production 3, 31.3.2006, p. 12. OJL9 0] C 72, 26.3.2009, p. 67. method, which is allegedly neither specific nor tradi- tional; the alleged absence of a link between the product’s reputation and the area of production; and the alleged incorrect use of the name of a region as geographical indication. However, no obvious error related to these elements was identified by the Commission. Slovenia further provided evidence to show the name ‘Stajersko prekmursko bucno olje’ was used in the sense of Article 2(1)(b), of Regulation (EC) No 510/2006. The objection showed that a trade mark including the term ‘Steirisches Kiirbiskernol' had been registered prior to the application for registration of the term ‘Stajersko prekmursko bucno olje’ as a PGL Nevertheless, no evidence was provided that consumers would be liable to be misled as to the true identity of a product marketed under the name ‘Stajersko prekmursko bucno olje. Therefore, the Commission cannot conclude that the registration of the name ‘Stajersko prekmursko bucno olj¢’ would be contrary to Article 3(4) of Regulation (EC) No 510/2006. This trade mark may continue to be used in spite of the registration of the term ‘Stajersko prekmursko buéno olje’ as a PGI, unless grounds for its invalidity or revocation occur under trade mark law. In addition, it should be noted that the term ‘Steirisches Kirbiskernol is also a PGI registered through Commission Regulation (EC) No 1263/96 (}). The names ‘Stajersko prekmursko bu¢no olje’ and ‘Steirisches Kirbiskernol', in their respective original languages, are clearly different, so allowing to conclude that these names are not homonymous; therefore, the existence of the name ‘Steirisches Kiirbiskern6l' would not be jeop- ardised by the registration of ‘Stajersko prekmursko bucno olje’ within the meaning of point (c) of Article 7(3) of Regulation (EC) No 510/2006. Since no agreement has been reached, the Commission should take a decision in line with the third subparagraph of Article 7(5) of Regulation (EC) No 510/2006. The denomination ‘Steierisches Kiirbis- kerndl' has been registered before the term ‘Stajersko prekmursko buc¢no olje’. Article 13(1)(b) of Regulation (EC) No 510/2006 protects the denomination ‘Steirisches Kiirbiskernol’ against use in translations. The term ‘Stajersko’ is deemed a literal translation of the geographical term ‘Steirisches’. Furthermore, when translated into third languages, the two denominations () OJ L 163, 2.7.1996, p. 19.