# C_2019431EN.01004101.xml

| 23.12.2019 | EN | Official Journal of the European Union | C 431/41 |
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23.12.2019

EN

Official Journal of the European Union

C 431/41

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Publication of an application for approval of amendments, which are not minor, to a product specification pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs

(2019/C 431/17)

This publication confers the right to oppose the amendment application pursuant to Article 51 of Regulation (EU) No 1151/2012 of the European Parliament and of the Council (1) within three months from the date of this publication.

APPLICATION FOR APPROVAL OF AMENDMENTS, WHICH ARE NOT MINOR, TO THE PRODUCT SPECIFICATION OF A PROTECTED DESIGNATION OF ORIGIN OR PROTECTED GEOGRAPHICAL INDICATION

Application for approval of amendments in accordance with the first subparagraph of Article 53(2) of Regulation (EU) No 1151/2012

‘KAKI RIBERA DEL XÚQUER’

EU No: PDO-ES-02288 — 9.2.2017

PDO (X) PGI ()

1.   Applicant group and legitimate interest

Consejo Regulador de la Denominación Geográfica Protegida ‘Kaki Ribera del Xúquer’ (‘Kaki Ribera del Xúquer’ PDO Regulatory Board)

Plaça del País Valencià,7.- 46250 Alcudia (Valencia), España

Tel. +34 962997702

Email: d.o.kaki@kakifruit.com

The ‘Kaki Ribera del Xúquer’ PDO Regulatory Board is the legitimate interested party in the amendment to the specification as it is the inspection body for the aforementioned PDO, approved under standard UNE-EN ISO/IEC 17065. It is comprised of persimmon producers from the defined geographical area and promotes and distributes the product.

2.   Member State or Third Country

Spain

3.   Heading in the product specification affected by the amendment(s)

☐ Name of product

☒ Description of product

☒ Geographical area

☐ Proof of origin

☒ Method of production

☒ Link

☐ Labelling

☐ Other (to be specified)

4.   Type of amendment(s)

☒ Amendments to the product specification of a registered PDO or PGI not to be qualified as minor in accordance with the third subparagraph of Article 53(2) of Regulation (EU) No 1151/2012

☐ Amendments to the product specification of a registered PDO or PGI for which a Single Document (or equivalent) has not been published and which cannot be qualified as minor within the meaning of the third subparagraph of Article 53(2) of Regulation (EU) No 1151/2012

5.   Amendment(s)

| 1.- | The first amendment extends the geographical area to include the following municipalities: Picassent, Alcàsser, Cotes, Xàtiva, La Llosa de Ranes, Rotglà i Corberà, Llocnou d’En Fenollet, Bartxeta, Genovés, Benigànim, Quatretonda, Llutxent and La Pobla del Duc. |
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1.-

Since the first steps taken by the Valencian Ministry for Agriculture, Fisheries and Food in 1998 to register the Designation of Origin ‘Kaki Ribera del Xúquer’ and subsequent publication of the text approving the PDO in the Official Journal of the European Union in 2002, production has increased rapidly in the defined geographical area, in the province of Valencia, from just 4 000 t in 1997 to over 200 000 t in 2015, with the economic and social importance that this represents.

When the Regulatory Board (Consejo Regulador) was set up in 1998 the crop was more or less confined to a small area of La Ribera, with production being concentrated in just five municipalities. However, over the years production has increased considerably and persimmons are now grown throughout the Ribera area and also in neighbouring districts (comarcas).

According to the official figures available since 2002, the area under cultivation in the province of Valencia has increased from just over 1 900 ha to over 14 659 ha in 2015, with the crop being grown mainly in the comarcas of La Ribera, but also in municipalities in neighbouring comarcas, where the soil and climatic conditions are the same as in the area currently defined.

The introduction of the crop in these municipalities over a decade ago has been successful, as the trees have adapted in the same way as they did in the municipalities already covered by the PDO and the persimmons produced have identical physico-chemical and organoleptic characteristics.

It is therefore proposed to extend the area covered by the designation of origin, given the expansion and adaptation of the crop in certain municipalities and above all its quality, thus ensuring that persimmons grown in those areas meet the same requirements as those grown in the area currently defined. This could lead to a maximum increase of 20 % of the production currently covered.

The climatic conditions in the areas proposed are similar to those in the area currently covered, and persimmons grown in those areas are the same as persimmons grown in the current area. In addition, the list of municipalities includes Cotes, which was omitted from the initial specification by mistake, as this is a municipality in the comarca of Ribera Alta, surrounded by municipalities that were included in the initial list in the first specification.

In addition, the following sentence has been deleted: ‘In this area around 2 300 ha are used for growing persimmon, and around 1 800 ha are registered.’.

The section on the geographical area needs to include only the localities covered by the designation of origin. The number of hectares under cultivation — whether or not registered with the inspection body — may change and there is therefore no point in mentioning this in the specification.

| 2.- | The second amendment concerns the section entitled ‘Description of product’. Specifically, the words ‘on dispatch, the persimmons must be presented with the calyx and the peduncle attached’ are replaced by ‘on dispatch, the persimmons must be presented with the calyx attached, with or without the peduncle’. |
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2.-

In section 2, ‘Description of the product’, it is stipulated that on dispatch, the persimmons must be presented ‘with the calyx and the peduncle attached’. However, in section 5, ‘Method of production’, it is stated that ‘When picking, the peduncle is cut so that the calyx remains attached to the fruit’, as also stated in the Single Document that was published. Confusion could arise from the fact that in one place it is stated that the peduncle must be attached but later that it must be cut.

Therefore, in order to avoid misinterpretation, in section 2, ‘Description of the product’, the words ‘with the calyx and the peduncle attached’ have been replaced by ‘with the calyx attached, with or without the peduncle’, as when the peduncle is cut during harvesting, the length may vary but may never protrude above the calyx to ensure that it does not pierce other fruit in the crate. It should be noted that part of the peduncle is below the top of the fruit as there is a depression around the calyx, although it is recommended that the peduncle be completely removed to prevent fruit being damaged during harvesting.

| 3.- | The third amendment consists of deleting the following sentence under ‘Description of product’: ‘On dispatch, the persimmons must be presented free of any foreign smell and/or taste’. |
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3.-

The defect described is rarely found in this type of fruit, as ‘foreign smells’ can only be due to rotting or physiological changes which are easily detected and already covered by the quality standards, while ‘foreign taste’ implies that tastings should be carried out, which is pointless, as foreign tastes can only be due to changes in the fruit that are easily detected by visual inspection and are associated with disease or physiological disorders.

All the features that ensure quality are already checked during the inspections carried out by the inspection body and those carried out by the operators. The sentence has been deleted to avoid confusion in the context of the control and certification inspections.

| 4.- | The fourth amendment consists in adding the following words: ‘along with the tolerances for non-standard fruit’. Under the heading ‘Description of product’, where the tolerances for imperfections are defined, it is added twice. |
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4.-

As well as laying down verifiable requirements, the product description includes information describing the appearance of the fruit, including permitted surface imperfections. A maximum permitted size has thus been established for both roundish and rectangular surface imperfections. However, the aesthetic imperfections (both roundish and rectangular) include different types of imperfection, and for each type there are different limits. This more detailed classification is set out in the ‘Kaki Ribera del Xúquer’ PDO quality manual.

The quality standards for fruit and vegetables establish categories (Extra, I, II, etc.). For each category a small number of fruit that do not meet the standards are permitted. These are known as ‘non-standard fruit’.

This amendment lays down tolerances for non-standard fruit. Limits for surface imperfections are laid down in the specification and these match the Designation of Origin quality manual, where the various imperfections are listed together with their limits, which depend on the type of imperfection. Those standards and existing quality standard models also cover fruit that do not meet the standard, i.e. fruit which exceed the prescribed limits, for which the Regulatory Board’s quality standards also establish limits.

The words ‘along with the tolerances for non-standard fruit’ have been added to avoid any arbitrary interpretations in this respect. The percentages allowed are clearly set out in the quality standards and, if there is no reference to them in the specification, misinterpretations could arise at the product control and certification stage, if the specification does not cover this point but the inspection body’s quality standards do, so the two documents need to be harmonised.

| 5.- | The fifth amendment concerns the section entitled ‘Method of production’ and updates the information regarding the persimmon harvesting period. |
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5.-

It was previously stated in this section that ‘The fruit is picked from the end of September to the beginning of November’. The amended text as proposed reads ‘Harvesting usually starts at the end of September and may continue until the end of December or beginning of January’.

Since the PDO was first entered in the register, climate change and developments in crop management techniques have extended the harvesting period. For some years now, harvesting has continued to the end of December or even the beginning of January, so the specification must be amended accordingly.

| 6.- | The sixth amendment concerns the section entitled ‘Link’, which describes the natural factors that help shape the specificity of the protected area. |
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6.-

The following text has been deleted: ‘Ribera del Xúquer is a natural region in the province of Valencia. It is surrounded by a large quaternary valley or alluvial plain through which the Júcar (Xúquer in Valencian) and Magro rivers flow.’ It is replaced by ‘Ribera del Xúquer is an extensive area which comprises the comarcas of Ribera Alta and Ribera Baixa, as well as neighbouring comarcas crossed by the River Júcar (Xúquer in Valencian) and its tributaries, in the province of Valencia. It is situated within a large quaternary valley or alluvial plain through which the Júcar and Magro rivers flow.’.

The first amendment extends the area to include more municipalities. The section of the specification on the link includes a description of the geographical area’s natural features. Logically, the link must be consistent with the defined area as extended, so the description of the protected area has been amended to take account of the new localities proposed for inclusion.

SINGLE DOCUMENT

‘KAKI RIBERA DEL XÚQUER’

EU No: PDO-ES-02288 — 9.2.2017

PDO (X) PGI ( )

1.   Name

‘Kaki Ribera del Xúquer’

2.   Member State or Third Country

Spain

3.   Description of the agricultural product or foodstuff

3.1.   Type of product

Class 1.6. Fruit, vegetables and cereals, fresh or processed

3.2.   Description of product to which the name in (1) applies

Fruit of the persimmon tree (Diospyros kaki) of the ‘Rojo Brillante’ variety, to be consumed fresh. The fruit is a berry that is normally formed through parthenocarpy; as there is no pollination, the fruit is seedless.

Fruit characteristics: orangey-yellow in colour when picked and deep red when ripe. Semi-adhesive skin of medium thickness. The flesh is firm to the touch, orangey-red when picked and deep red when ripe. The fruit is bitter until ripe, when it acquires a sweet flavour. Its cross-section is round and its longitudinal section is slightly elongated.

On dispatch, the persimmons must be presented:

| — | whole, |
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whole,

| — | with the calyx attached, with or without the peduncle, |
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with the calyx attached, with or without the peduncle,

| — | healthy (fruit whose flesh is damaged or rotten are excluded), |
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healthy (fruit whose flesh is damaged or rotten are excluded),

| — | clean, practically free from any visible foreign matter, |
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—

clean, practically free from any visible foreign matter,

| — | free of abnormal external moisture. |
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free of abnormal external moisture.

Fruit eligible for the designation of origin must have a minimum diameter of 61 mm.

The flesh of the fruit must not be damaged, although slight aesthetic imperfections of the skin that do not affect the general condition of the product, its quality, preservation and presentation in the packaging may be allowed within the following limits:

| — | a maximum of 1 cm2 of the total surface for elongated or rectangular aesthetic imperfections (that do not affect the flesh of the fruit). The maximum authorised tolerance is 2 cm2 and must never exceed 20 % of the fruit. In both cases, the different limits are laid down in the quality standards for the protected designation of origin ‘Kaki Ribera del Xúquer’ according to the type of imperfection, along with the tolerances for non-standard fruit. |
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a maximum of 1 cm2 of the total surface for elongated or rectangular aesthetic imperfections (that do not affect the flesh of the fruit). The maximum authorised tolerance is 2 cm2 and must never exceed 20 % of the fruit. In both cases, the different limits are laid down in the quality standards for the protected designation of origin ‘Kaki Ribera del Xúquer’ according to the type of imperfection, along with the tolerances for non-standard fruit.

| — | An area corresponding to a circle with a maximum diameter of 1,5 cm for roundish aesthetic imperfections (that do not affect the flesh of the fruit). The maximum authorised tolerance is 2,5 cm2 and must never exceed 20 % of the fruit. In both cases, the different limits are laid down in the quality standards for the protected designation of origin ‘Kaki Ribera del Xúquer’ according to the type of imperfection, along with the tolerances for non-standard fruit. |
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An area corresponding to a circle with a maximum diameter of 1,5 cm for roundish aesthetic imperfections (that do not affect the flesh of the fruit). The maximum authorised tolerance is 2,5 cm2 and must never exceed 20 % of the fruit. In both cases, the different limits are laid down in the quality standards for the protected designation of origin ‘Kaki Ribera del Xúquer’ according to the type of imperfection, along with the tolerances for non-standard fruit.

3.3.   Feed (for products of animal origin only) and raw materials (for processed products only)

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3.4.   Specific steps in production that must take place in the defined geographical area

All the steps in production must take place in the defined geographical area.

3.5.   Specific rules concerning slicing, grating, packaging, etc. of the product the registered name refers to

—

3.6.   Specific rules concerning labelling of the product the registered name refers to

Each operator’s commercial labels may be examined by the inspection body to check that the nomenclature and logos of the protected designation of origin are being used correctly. The labels must bear the words ‘protected designation of origin Kaki Ribera del Xúquer’.

4.   Concise definition of the geographical area

The production area comprises suitable land in the following municipalities: Albalat de la Ribera, Alberic, Alcàntera de Xúquer, Alcàsser, L’Alcúdia, Alfarp, Algemesí, Alginet, Almussafes, Alzira, Antella, Bartxeta, Beneixida, Benicull de Xúquer, Benifaió, Benigànim, Benimodo, Benimuslem, Carcaixent, Cárcer, Carlet, Catadau, Corbera, Cotes, Cullera, L’Ènova, Favara, Fortaleny, Gavarda, Genovés, Guadassuar, Llaurí, Llombai, Lloc Nou d’en Fenollet, La Llosa de Ranes, Llutxent, Manuel, Masalavés, Monserrat, Montroy, La Pobla del Duc, La Pobla Llarga, Picassent, Polinyà de Xúquer, Quatretonda, Rafelguaraf, Real de Montroy, Riola, Rotglà i Corberà, Sant Joanet, Sellent, Senyera, Sollana, Sueca, Sumacàrcer, Tous, Turís, Villanueva de Castellón and Xàtiva, which are all in the province of Valencia, in the Community of Valencia.

5.   Link with the geographical area

5.1.   
  Specificity of the geographical area:

Historical factors

The persimmon tree is a fruit tree belonging to the Ebenaceae family. It originated in China, where its cultivation began in the 8th century. The cultivation of persimmons was introduced in Western Europe in the second half of the 19th century and in Spain in the 1870s. Today much of Spain’s production takes place in the Community of Valencia, where the area covered by the designation of origin ‘Kaki Ribera del Xúquer’ is located. Half of all production is concentrated in this area.

The ‘Rojo Brillante’ persimmon emerged by chance after seeds were sowed on the edge of a plot in the municipality of Carlet. Later, around 1960, the first homogeneous plantation was grafted in the municipality of Alcudia. This paved the way for the rapid development of the variety in the region.

Natural factors

Ribera del Xúquer is an area which comprises the municipalities along the course of the River Júcar and its tributaries in the province of Valencia, located in the comarcas of Ribera Alta and Ribera Baixa and in neighbouring comarcas crossed by the River Júcar (Xúquer in Valencian) and its tributaries, in the province of Valencia. It is situated within a large quaternary valley or alluvial plain through which the Júcar and Magro rivers flow.

Much of the agricultural land is situated on the low plain on the banks of the Júcar and Magro, where the soils are very rich and compact owing to the build-up of alluvial deposits from the Júcar and its tributaries that flow down from the upland regions. Moreover, in the lower part of the valley slopes, where the incline is gentle, there are colluvial soils, pink in colour and loose, which particularly lend themselves to intensive cultivation.

The average annual temperature is 17 °C, with temperatures averaging 9-10 °C in January and 24-25 °C in August. Cloudy conditions are infrequent, and the average annual rainfall hardly exceeds 400 to 500 mm. In addition, the surrounding hills protect the crops from frost, especially in the tributary valleys.

5.2   
  Specificity of the product

The ‘Rojo Brillante’ is a variety native to the area. It is the result of the spontaneous mutation of another local variety and is therefore perfectly adapted to the region of Ribera del Xúquer, where the crop reaches its full potential.

Persimmons grown in the protected area have a greater height/diameter ratio and a more pointed shape. The ‘Kaki Ribera del Xúquer’ is distinguished by its pointed shape, which is slightly more elongated than normal. The height/diameter ratio is thus greater and this gives fruit obtained in the protected area a characteristic shape. In addition, they are larger on average than in other production areas owing to the mild climate and the absence of extreme temperatures.

The ‘Kaki Ribera del Xúquer’ also has a characteristic deep red colour and a sweet flavour at maturity, which is reached at an earlier stage thanks to the prevailing conditions in the area. The fruit may also be harvested before it is ripe. The method used to remove the bitterness makes it possible to market the fruit when its flesh is firm and very sweet and has acquired the typical taste of persimmons produced in the Ribera del Xúquer region.

5.3.   Causal link between the geographical area and the quality or characteristics of the product (for PDO) or a specific quality, the reputation or other characteristic of the product (for PGI)

It is said that the Ribera del Xúquer region is the cradle of the ‘Rojo Brillante’ persimmon, as that is where this variety emerged as a result of a spontaneous mutation. Nowadays it is well established in the region and on the market.

The particular climatic and soil conditions in the defined geographical area are reflected in the persimmon’s characteristics.

The mild climate owing to the proximity of the Mediterranean Sea and the colluvial agricultural land resulting from the Júcar and Magro watercourses surrounding the region combine to endow the ‘Kaki Ribera del Xúquer’ with its principal distinctive characteristics, i.e. a more pronounced pointed shape leading to a greater height/diameter ratio as well as a larger size and a distinctive colouring when ripe.

Reference to publication of the specification

(the second subparagraph of Article 6(1) of this Regulation)

http://www.agricultura.gva.es/modificacion_pc_kakiriberadelxuquer

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(1)  OJ L 343, 14.12.2012, p. 1.

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