Publication of an application for amendment pursuant to Article 17(6) of Regulation (EC) No 110/2008 of the European Parliament and of the Council (1) on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and repealing Council Regulation (EEC) No 1576/89

(2019/C 316/10)

This publication confers the right to oppose the application pursuant to Article 27 of Regulation (EU) 2019/787 of the European Parliament and of the Council (2).

APPLICATION FOR THE AMENDMENT OF THE TECHNICAL FILE OF A GEOGRAPHICAL INDICATION

‘BERLINER KÜMMEL’

EU No: PGI-DE-02049-AM01 — 28.9.2017

Language of amendment: German

Intermediary

Federal Republic of Germany

Intermediary name:

Bundesverband der Deutschen Spirituosen-Industrie und -Importeure e.V. [Federal Association of the German Spirit Drinks Industry and Importers of Spirit Drinks] Urstadtstraße 2 53129 Bonn GERMANY Tel. +49 228539940 Email: info@bsi-bonn.de

Name of the geographical indication

Berliner Kümmel

Specification headings affected by the amendment

Other: change of category

Amendment

Amendment to the product specification entailing an amendment of the main specifications

Explanation of the amendment

The amendment concerns Section 1.1.2 of the technical file (Category), namely the fact that the classification of ‘Berliner Kümmel’ is to be changed from category No 32 (‘Liqueur’) in Annex II to Regulation (EC) No 110/2008 (the basic Regulation on spirit drinks) to category No 23 (‘Caraway-flavoured spirit drinks’).

In Section 1.1.2 category No ‘32. Liqueur’ has simply been changed to category No ‘23. Caraway-flavoured spirit drinks’. As all products will continue to be rounded off with sugar, but a wider range of products of varying sweetness will be offered, no minimum sugar content has been set. Moreover, the plan to offer products with a sugar content of less than 100 g per litre of finished product is in line with the German Government’s strategy to reduce the sugar content of finished food products in the future. It will of course still be possible to market products with a sugar content of at least 100 g per litre of finished product. The proposed change of category will therefore not entail any further amendments to the technical file.

The registered geographical indication ‘Berliner Kümmel’ is currently listed in category No 32 (‘Liqueur’) in Annex III to the basic Regulation on spirit drinks. This is due mainly to Regulation (EEC) No 1576/89 (the first basic Regulation on spirit drinks), in which the geographical designation ‘Berliner Kümmel’ had, for legal reasons, to be classified as a ‘liqueur’ in the then Annex II.

Traditionally, the product ‘Berliner Kümmel’ was marketed with a relatively high sugar content, in some cases of more than 100 g per litre of finished product. Under the classification system of the first basic Regulation on spirit drinks, all spirit drinks with a sugar content of at least 100 g per litre of finished product were, in legal terms, automatically considered to be a ‘liqueur’, including those produced using the production method for a ‘caraway-flavoured spirit drink’. The product category ‘caraway-flavoured spirit drink’ was established in Article 1(4)(n) of Regulation (EEC) No 1576/89 and is now listed as category No 23 in Annex II to Regulation (EC) No 110/2008.

Regulation (EC) No 110/2008 created for the first time the possibility for generically named products meeting the requirements of more than one product category to be marketed by suppliers of spirit drinks under one or more sales names (see Article 9(3) of that Regulation).

In order to prevent a product previously marketed as ‘Berliner Kümmel’ from being excluded when Regulation (EEC) No 1576/89 became applicable on 15 December 1989, the German Government had decided to classify the product in the category ‘Liqueur’. During the discussions held in 2006 to 2007 on the amendment of the Spirit Drinks Regulation, the German Government had not taken the new opportunity provided for in Article 9(3) of Regulation (EC) No 110/2008 to classify the product ‘Berliner Kümmel’ in the category of point 23 of Annex II to that Regulation.

Caraway liqueurs are generally produced by simple mixing of alcohol, usually ethyl alcohol of agricultural origin, with sugar and flavouring substances or preparations. A ‘caraway-flavoured spirit drink’, by contrast, is produced by flavouring ethyl alcohol of agricultural origin with natural caraway seeds using various flavouring methods. The definitions of ‘caraway-flavoured spirit drink’ contained in Regulations (EEC) No 1576/89 and (EC) No 110/2008 do not provide details of the methods used to flavour the ethyl alcohol of agricultural origin. Traditionally, cold extraction (maceration) or distillation is used for ‘Berliner Kümmel’. Article 4(12) of the future, amended basic Regulation on spirit drinks, which will enter into force later in 2019, specifies the various flavouring methods.

Moreover, the traditional name ‘Berliner Kümmel’ is itself an indication that the product is a ‘caraway-flavoured spirit drink’, i.e. a product of category No 23 of Annex II, and not a ‘caraway liqueur’ within the meaning of category No 32 of that Annex.

MAIN SPECIFICATIONS OF THE TECHNICAL FILE

‘BERLINER KÜMMEL’

EU No: PGI-DE-02049-AM01 — 28.9.2017

1. Name

‘Berliner Kümmel’

2. Category of spirit drink

Caraway-flavoured spirit drink (category No 23 of Regulation (EC) No 110/2008)

3. Description of the spirit drink

Berliner Kümmel is produced in Berlin, the capital city of Germany, by flavouring ethyl alcohol of agricultural origin with caraway seeds (Carum carvi L.) and possibly other flavour-imparting ingredients.

Physical, chemical and organoleptic characteristics

In terms of its physical, chemical and organoleptic characteristics, ‘Berliner Kümmel’ must meet the following requirements:

Physical and chemical requirements

Alcoholic strength : at least 32 % by volume

Sensory requirements

Clarity : clear Colour : colourless or slightly yellowish; Odour (aroma) : discreet, i.e. delicate and mild, to strong smell of caraway; Taste : mild, balanced, with a discreet to strong caraway aroma;

4. Geographical area concerned

‘Berliner Kümmel’ is produced in Berlin, the capital city of Germany which, according to Berlin’s constitution, is also a federal state (Bundesland).

The caraway seeds used and the other ingredients, e.g. ethyl alcohol of agricultural origin and sugar, no longer have to come from Berlin or the surrounding area.

5. Method for obtaining the spirit drink

Traditionally, there are two different methods of producing ‘Berliner Kümmel’. Those methods can potentially be combined.

‘Berliner Kümmel’ is produced

— by the warm method, comprising the distillation – or double distillation – of a mixture of water, ethyl alcohol of agricultural origin, caraway (Carum carvi L.) and possibly other botanicals, or

— by the cold method, comprising the flavouring of ethyl alcohol of agricultural origin with caraway oil or caraway distillate and possibly other natural flavouring substances.

This is followed by:

— sweetening with sugar or other sweetening products in varying quantities of up to 100 g or more of sugar per litre of finished product, expressed as invert sugar;

— reduction (where necessary) of the sweetened mixture to drinking strength by adding water;

— filtration (where necessary);

— bottling; and

— labelling and packaging.

6. Link with the geographical environment or origin

There is evidence to show that ‘Berliner Kümmel’ has been produced in the Berlin region since 1680 and continues to be produced there.

White-flowered caraway plants (Carum carvi L.) used to grow wild on meadows in the greater Berlin area. Caraway is now grown as a crop in Germany, especially in the east of the country.

Caraway is also important as a seasoning in Berlin cuisine. Without caraway, Krautgulasch [cabbage goulash], Buletten [meatballs] or Zwiebelkuchen [onion tarts] are just not typically Berlin-style dishes – they lose some of their local colour and restorative properties. Caraway aids digestion, for instance when eating certain types of cabbage. In the early 19th century, it was discovered that it could also be used to make a spirit drink that was pleasing to the palate. Some Berlin restaurants and bars still serve caraway-flavoured dishes with a glass of ‘Berliner Kümmel’.

‘Berliner Kümmel’ was also very popular in the German imperial household.

7. European Union or national/regional provisions

‘Berliner Kümmel’ is registered in Annex III to Regulation (EC) No 110/2008 (Spirit Drinks Regulation) and is therefore protected as a geographical indication. The product must also satisfy the requirements set out in EU horizontal legislation on foodstuffs, EU product-specific legislation on spirit drinks and supplementary national laws (e.g. compulsory indication of consignment number in accordance with the Consignment Identification Regulation).

8. Applicant

Bundesministerium für Ernährung und Landwirtschaft [Federal Ministry of Food and Agriculture] Unit 414 (Wine, beer, beverages sector) Rochusstrasse 1 53123 Bonn GERMANY

9. Intermediate body

Bundesverband der Deutschen Spirituosen-Industrie und -Importeure e. V. [Federal Association of the German Spirit Drinks Industry and Importers of Spirit Drinks] Urstadtstrasse 2 53129 Bonn GERMANY

10. Control Authority

Senatsverwaltung für Justiz, Verbraucherschutz und Antidiskriminierung [Senate Department for Justice, Consumer Protection and Anti-Discrimination] Division V Salzburger Strasse 21-25 10825 Berlin GERMANY

(1) OJ L 39, 13.2.2008, p. 16.

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