Publication of an application pursuant to Article 17(6) of Regulation (EC) No 110/2008 of the European Parliament and of the Council on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and repealing Council Regulation (EEC) No 1576/89

(2021/C 129/13)

This publication confers the right to oppose the application pursuant to Article 27 of Regulation (EU) No 2019/787 of the European Parliament and of the Council (1).

MAIN SPECIFICATIONS OF THE TECHNICAL FILE

‘BAYERISCHER BÄRWURZ’

EU No: PGI-DE-02580 – 7.6.2019

1. Geographical indication to be registered

‘Bayerischer Bärwurz’

2. Category of the spirit drink

Other spirit drinks

3. Description of the spirit drink

3.1. Physical, chemical and/or organoleptic characteristics

‘Bayerischer Bärwurz’ is a spirit drink produced in Bavaria, predominantly in the Bavarian Forest, in a traditional way from the root of the Meum athamanticum (Jacq.) plant or the Ligusticum mutellina (L.) Crantz plant, hereinafter referred to collectively as ‘Bärwurz plants’.

— Actual alcohol content of the ready-to-drink spirit: at least 40 % by volume.

— Clarity: clear.

— Colour: colourless or, for products matured in wooden casks, yellowish, reddish or brownish depending on the type of wood used.

— Aroma: intense aroma of Bärwurz plant, faintly reminiscent of celery or lovage.

— Taste: typical earthy taste.

— Food additives or other substances used: where appropriate, ethyl alcohol of agricultural origin, to be mixed with Bärwurz distillate and water for reduction to drinking strength.

3.2. Specific characteristics (compared with spirit drinks of the same category)

— Unlike other spirit drinks made from the abovementioned plant species, ‘Bayerischer Bärwurz’ uses only the roots of those plant species in order to preserve the particularly high quality and unique aroma. Other parts of the plant are not used.

— ‘Bayerischer Bärwurz’ is also traditionally produced with a high alcoholic strength of at least 40 % vol., which is therefore higher than the minimum alcoholic strength of 38 % vol. required for ‘Bärwurz’. The higher alcoholic strength means that the product is less diluted and more aromas are retained in the final product. This gives ‘Bayerischer Bärwurz’ its particularly distinctive and intense taste.

— No sweetening.

— No colouring agents or other additives are used.

— In order to preserve the distinctive organoleptic characteristics of ‘Bayerischer Bärwurz’, traditionally it is generally marketed in narrow, brown, stoneware bottles. The special thermal equivalent of the stoneware bottle protects ‘Bayerischer Bärwurz’ from heat fluctuations better than glass, thus preventing the volatilisation of the essential oils in ‘Bayerischer Bärwurz’. Furthermore, the distinctive stoneware bottle protects the essential oils from light, thus better preserving the unique quality and intensity of ‘Bayerischer Bärwurz’.

4. Geographical area concerned

‘Bayerischer Bärwurz’ is produced in various regions of Bavaria, predominantly in the Bavarian Forest. The defined geographical area is the whole of Bavaria.

5. Method used to obtain the spirit drink

‘Bayerischer Bärwurz’ is produced using the roots of Bärwurz plants. The fruit and seeds of the Bärwurz plants are not used in the production of ‘Bayerischer Bärwurz’, since the special, unique and intense aroma of ‘Bayerischer Bärwurz’ can only be obtained by using the roots. Other plants with similar organoleptic properties, e.g. celery, lovage or their extracts are not used.

The area of Bavaria in which Bärwurz plants are found ranges from the mountains and higher uplands at a (sub)alpine to montane elevation – such as the Alps and the Bavarian Forest – to the lower uplands at a montane to submontane elevation, such as the Franconian Forest and the Fichtel Mountains.

So that the roots of Bärwurz plants provide sufficient raw material, it is necessary for the plants to grow for up to eight years before their roots can be used to produce ‘Bayerischer Bärwurz’.

Methods for producing ‘Bayerischer Bärwurz’ vary considerably, ranging from the use of only Bärwurz macerate or Bärwurz digestate, to the use of only Bärwurz distillate, a mixture of Bärwurz macerate and distillate, or a blend of Bärwurz macerate or distillate with ethyl alcohol of agricultural origin.

Firstly, the Bärwurz roots to be used are washed and chopped or ground.

If the producer decides to make a Bärwurz macerate or digestate for the second stage, a cold extract (‘macerate’) or hot extract (‘digestate’) is produced from the washed and chopped Bärwurz roots, to which ethyl alcohol of agricultural origin is added. During this process, which can take weeks or months, the roots are gently drained of their essential oils, colour and flavour.

If the producer decides to make a Bärwurz distillate for the second stage, the Bärwurz roots, which are washed, chopped and undergo the addition of ethyl alcohol of agricultural origin, are firstly macerated. This process of extracting the typical aromas by means of maceration also requires the product to be stored for a suitable period of time before subsequently being distilled.

As stated above, production methods vary and this is also true of the distillation process, whereby ethyl alcohol of agricultural origin may sometimes again be added.

Following distillation, the product is generally stored and/or left to mature in suitable containers (e.g. oak or steel barrels) for up to ten years in order to round off the taste.

After the storage or maturation stage, the production process is completed by carrying out the following steps:

— potentially blending various Bärwurz distillates and ethyl alcohol of agricultural origin,

— reducing the high-percentage alcohol Bärwurz distillates(s) to drinking strength using water,

— bottling in suitable containers, particularly brown stoneware bottles,

— labelling and packaging.

In order to ensure the particularly high and unique quality, all the above production steps must take place in the geographical area. Once the product has been reduced to drinking strength, the essential oils it contains quickly become volatile, restricting the shelf life of ready-to-drink ‘Bayerischer Bärwurz’. The product must be bottled swiftly in the geographical area soon after being reduced to drinking strength, as otherwise the quality would soon begin to deteriorate. The product has a reputation for quality, and swift and traceable bottling in the geographical area is key to ensuring consistent high quality and to facilitate checks.

6. Link with the geographical environment or origin

6.1. Details of the geographical area or origin relevant to the link

The tradition of producing a spirit drink from the roots of the Bärwurz plant originated in the Bavarian Forest and, according to the oldest known Bärwurz distillery in the world (Deggendorf), dates back to 1919, spreading over time to other regions of Bavaria in which the characterising ingredient (root of Bärwurz plants) of ‘Bayerischer Bärwurz’ naturally occurs.

These regions are mostly upland areas at a submontane to subalpine elevation. As well as the prevailing cool, humid climate typical of the eastern uplands, these regions have unique geographical and climatic conditions for the Bärwurz plants.

Around 1920, Karl Eckert, a medical practitioner and distillery owner from Deggendorf, discovered in addition to the plant’s effects, the fine taste of its distillate. In 1928, ‘Bärwurz’ was mentioned in a price list from the Brennerei zum Bären distillery in Deggendorf. ‘Bärwurz’ was also recorded in a document from the Berlin State Patent Office from 17 December 1929. The name ‘Bärwurz’ is an abbreviation of Gebärmutterwurz [literally: womb root], an earlier name by which the plants were commonly known.

6.2. Specific characteristics of the spirit drink attributable to the geographical area

The abovementioned specific geographical and climatic conditions in the geographical area allow the Bärwurz plants used as raw material for ‘Bayerischer Bärwurz’ to grow. The occurrence of these plants has resulted in a concentration of traditional ‘Bayerischer Bärwurz’ producers in the key production regions. This concentration has allowed producers, by constantly exchanging ideas, to develop their technical skills and special knowledge of how to process the roots of the Bärwurz plants, which significantly contributed, and continues to contribute, to the distinctive product quality of ‘Bayerischer Bärwurz’.

The wild-growing Bärwurz plants, found in regions with an altitude of over 1 000 m above sea level – such as the Bavarian Forest, the main production region – epitomise a plant benefiting from exposure to stronger sunshine and a higher rate of photosynthesis and energy storage. Moreover, it grows amongst an array of other plants and is consequently able to contribute to their metabolites which are released into the soil. This traditionally provides the more strongly defined aromas and the intense flavour for which ‘Bayerischer Bärwurz’ is renowned.

Particularly in the Bavarian Forest, in which the production of ‘Bayerischer Bärwurz’ is focused, terms such as ‘Bärwurzquelle’ and ‘Bärwurzerei’ [‘Bärwurz producer’] are established components in the names of companies.

In Bavaria, plays have been and continue to be performed in which, e.g. ‘Bayerischer Bärwurz’ bottles can be seen as stage dressing.

The status of ‘Bayerischer Bärwurz’ as a firmly established cultural asset in Bavaria is also apparent through linguistic expressions for ‘Bayerischer Bärwurz’ that have entered the language, such as ‘Bayerwalddiesel’ [literally: Bavarian forest diesel].

The local press reports regularly on the production of ‘Bayerischer Bärwurz’ by traditional producers.

The traditional production of ‘Bayerischer Bärwurz’ in the geographical area is also substantiated by literary works and specialist journals. For example, the following quotation can be found in Karl May’s book ‘Der Wurzelsepp’, published in 1949, which is set in Bavaria: ‘The best Bärwurz in the whole of the Bavarian Forest can be found in the Kronenhof hotel’.

The first Bavarian schnapps museum, which includes an exhibition that looks back at and explains the traditional production of ‘Bayerischer Bärwurz’, is located in Hauzenberg, in the Bavarian Forest region. For example, there is a ‘Bärwurz film’, which shows the historical development of production in the geographical area.

Moreover, there is the ‘Gläserne Distille’ schnapps museum in Böbrach, where there is another ‘Bärwurz film’ showing the tradition of producing ‘Bayerischer Bärwurz’. In addition, there is a demonstration of the distillation process used to produce ‘Bayerischer Bärwurz’ in the museum.

‘Bayerischer Bärwurz’ is listed as a traditional Bavarian speciality in the Bavarian specialities database (www.spezialitaetenland-bayern.de). In order to be included in the database, a product, dish or drink must meet a number of requirements. The speciality must have been produced or grown in the region for at least 50 years. It must also have a (production) history that demonstrates that the product is closely linked to the region where it is produced or processed. Last but not least, consumers must perceive the product as being typically Bavarian or typical of a region within Bavaria.

7. European Union or national/regional provisions

7.1. Legal basis

— EU food legislation (including Regulation (EU) No 1169/2011)

— EU spirit drinks legislation (including Regulation (EC) No 110/2008 and, from 25 May 2021, Regulation (EU) 2019/787)

— National spirit drinks legislation (federal legislation)spirit drinks legislation (federal legislation)

7.2. Description of the requirement(s)

— Labelling rules

— Product specifications

8. Applicant

8.1. Member State, Third Country or legal/natural person:

Bundesministerium für Ernährung und Landwirtschaft, Referat 414 (Wein, Bier, Getränkewirtschaft) [Federal Ministry of Food and Agriculture (BMEL), Unit 414 (Wine, beer, beverages sector)]

8.2. Full address (street number and name, town/city and postal code, country):

Rochusstraße 1 53123 Bonn DEUTSCHLAND 414@bmel.bund.de

9. Supplement to the geographical indication

a) Basic rules on supplementing the geographical indication ‘Bayerischer Bärwurz’:

Under current Union law on spirits, the name ‘Bayerischer Bärwurz’ may be lengthened to include only

— the terms specified under (b), or

— terms other than those specified under (b) which can be shown to have been in common use on 20 February 2008.

b) Supplements with non-geographical terms:

— If details concerning maturing, ageing or storage are added to the name ‘Bayerischer Bärwurz’, such products must be stored or matured for at least 6 months.

Indication of age are subject to the following rules:

Products matured for six months may be labelled as ‘mature’.

Products matured for at least one year may be labelled as ‘old’.

— If quality terms (e.g. ‘fine’, ‘premium’ or ‘table’) are added to the name ‘Bayerischer Bärwurz’, such products must be of significantly higher quality than standard variants. Examples include the use of only Bärwurz distillate or a longer or particular way of storing the Bärwurz distillate.

Products which have been entirely produced in the same undertaking, i.e. distilled, reduced to drinking strength with water and bottled, may use the additional label ‘distilled and bottled in the distillery’.

10. Specific labelling rules

—

(1) OJ L 130, 17.5.2019, p. 1.