14.1.2015 Official Journal of the European Union COMMISSION IMPLEMENTING REGULATION (EU) 2015/39 of 13 January 2015 entering a name in the register of protected designations of origin and protected geographical indications (Focaccia di Recco col formaggio (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 ('), and in particular Article 52(3)(b) thereof, Whereas: (1)  Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, Italy’s application to register the name Focaccia di Recco col formaggio’ was published in the Official Journal of the European Union (3). (2)  Portugal, the United Kingdom and Fresh Gourmet Catering LLC — a company based in Dubai, United Arab Emirates — lodged a notice of opposition to the registration pursuant to Article 51(1) of Regulation (EU) No 1151/2012. The Commission examined the notices of opposition from Portugal and the United Kingdom and found them to be admissible within the meaning of Article 10 of Regulation (EU) No 1151/2012. As Fresh Gourmet Catering LLC was found to lack a legitimate interest, its opposition was considered inadmissible within the meaning of Article 51(1) of the aforementioned Regulation. (3)  The notices of opposition on behalf of two clients (the first based in Portugal and the second in the United Kingdom) of an Italian company located in the geographical area which markets a deep-frozen product, primarily relate to the name and the fact that pre-cooking, deep-freezing and other preservation techniques are prohibited. (4) By letters of 20 December 2013, the Commission invited Italy and Portugal on the one hand, and Italy and the United Kingdom on the other, to reach an agreement pursuant to Article 51(3) of the aforementioned Regulation. In accordance with that Article, Italy submitted its report concerning the end of the consultation period, by letters dated 15 April 2014. As these Member States were unable to reach an agreement within three months, the Commission was required to settle the matter pursuant to Article 52(3)(b) of the aforementioned Regulation. (5)  The opposing parties cited the legal uncertainty regarding the registration of ‘Focaccia di Recco col formaggio’ as a Protected Geographical Indication (PGI) under Regulation (EU) No 1151/2012, given that Italy, by Ministerial Decree of 18 July 2000, last amended on 5 June 2014, registered Focaccia al formaggio di Recco (a different name from that put forward for registration, although it refers to the same product) on its national list of traditional agri-food products. In addition to also existing under the name Focaccia al formaggio di Recco, the name ‘Focaccia di Recco col formaggio’ was not considered traditional given that it first appeared after the year 2000. (6)  Article 7(1)(a) of Regulation (EU) No 1151/2012 does not state that the name of a PGI must be traditional. A name may be registered as a PGI if it is used in trade or in common language, and only in the languages which are or were historically used to describe the specific product in the defined geographical area. Consequently, as it was demonstrated that the name ‘Focaccia di Recco col formaggio’ is used in trade and in common language, in the language of the defined geographical area, its registration as a PGI complies with Regulation (EU) No 1151/2012. (7)  The name Focaccia al formaggio di Recco may not be used for products which do not comply with the specification for the product registered under the name ‘Focaccia di Recco col formaggio’. (8)  Furthermore, the opposing parties also cited Article 10(1)(c) of Regulation (EU) No 1151/2012 as grounds for opposition, ie. registration of the name proposed would jeopardise the existence of products legally on the market for at least five years preceding the date of publication provided for in Article 50(2)(a) of the () OJL343,14.12.2012,p. 1. () 0JC155,1.6.2013,p.13.