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 on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and repealing Council Regulation (EEC) No 1576/89 (1)

(2020/C 172/04)

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

‘HIERBAS DE MALLORCA’

EU No: PGI-ES-01869-AM01 – 17.12.2018

Language of amendment: Spanish

Intermediary

Ministry of Agriculture, Fisheries and Food Directorate-General for the Food Industry Subdirectorate-General for Distinctive Quality and Organic Farming Paseo de la Infanta Isabel, 1 28071 Madrid, SPAIN

Tel. +34 913475397

Email: sgcdae@mapama.es

Name of the geographical indication

Hierbas de Mallorca

Specification headings affected by the amendment

Protected name (the change of the name is reflected in other headings like description of product, link, method of production, applicable requirements and checks but the content of these sections is not affected)

Amendment

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

Explanation of the amendment

To include the name not only in Spanish but also in Catalan, given the co-official status of both languages in Spain (recognised in Article 4 of Organic Law No 1/2007 of 28 February 2007 on the reform of the Statute of Autonomy for the Balearic Islands).

It is entirely justified for the product to have two names, both in Spanish (‘Hierbas de Mallorca’) and in Catalan (‘Herbes de Mallorca’) as almost all of the manufacturers of this aniseed-flavoured spirit drink now only use the name in Catalan and consider it to be essential to be able to use the name ‘Herbes de Mallorca’ when presenting their products.

The drink ‘Hierbas de Mallorca’/‘Herbes de Mallorca’ is made exclusively on the island of Mallorca, which belongs to the Autonomous Community of the Balearic Islands.

In this autonomous community, Catalan is the language of the Balearic Islands and has official language status along with Spanish and this is recognised in Article 4 of Organic Law 1/2007 of 28 February 2007 on the reform of the Statute of Autonomy of the Balearic Islands.

The routine use of both languages – Spanish and Catalan – in the territory of the Balearic Islands means that ‘Hierbas de Mallorca’/‘Herbes de Mallorca’ has been referred to interchangeably in both Spanish (‘Hierbas de Mallorca’) and in Catalan (‘Herbes de Mallorca’) since time immemorial.

Furthermore, the reality of the market cannot be ignored. The two names, ‘Hierbas de Mallorca’/‘Herbes de Mallorca’, have been used over the years and this will continue to be the case. This applies not only to national trade, but also internationally.

The use of the term ‘Herbes de Mallorca’ is so firmly established that it is even used in marketing and promotion in other countries and in other EU languages.

Relevant amendments of the technical file

Point 1 of the technical file. Designation

The name in Catalan, ‘Herbes de Mallorca’ must also be included in the name, along with ‘Hierbas de Mallorca’.

Name: ‘Hierbas de Mallorca’/‘Herbes de Mallorca’.

Other headings are affected by this change, like description of product, link, method of production, applicable requirements and checks but their content is not amended.

MAIN SPECIFICATIONS OF THE TECHNICAL FILE

‘HIERBAS DE MALLORCA’/‘HERBES DE MALLORCA’

EU No: PGI-ES-01869-AM01 – 17.12.2018

1. Name

‘Hierbas de Mallorca’/‘Herbes de Mallorca’

2. Category of spirit drink

Category 25. Aniseed-flavoured spirit drinks

3. Description of the spirit drink

‘Hierbas de Mallorca’/‘Herbes de Mallorca’ is an aniseed-flavoured spirit drink with an alcohol content of between 20 % and 50 % by volume, flavoured with plants and optionally sweetened with sucrose.

3.1. Chemical characteristics

— Actual alcohol content: — Minimum: 20 % vol. abs — Maximum: 50 % vol. abs

— Maximum methanol content: 20 g/hl of alcohol at 100 % vol.

3.2. Organoleptic characteristics

— Clear appearance

— Colour ranging from amber to green

— Intense and complex aroma with strong presence of aniseed. Aromas are fresh, sweet, fruity (orange and lemon) and floral.

— The flavour is identifiably sweet, medium sweet or unsweetened depending on the variety, as described in the section on ‘Varieties’: sweet, blended or dry. There is a strong aftertaste of aromatic plants.

— The sensation is dense in the case of the blended and sweet varieties.

3.3. Types

There are three different varieties characterised according to sugar content and actual alcoholic strength.

— Dry: minimum alcohol content of 35 % and maximum sugar content of 100 g/l, expressed as sucrose.

— Blended: minimum alcohol content of 25 % and sugar content of between 100 and 300 g/l, expressed as sucrose.

— Sweet: minimum alcohol content of 20 % and minimum sugar content of 300 g/l, expressed as sucrose.

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

The specific organoleptic characteristics are the intense and complex aroma with strong presence of aniseed. Aromas are fresh, sweet, fruity (orange and lemon) and floral. The colour ranges from amber to green. The flavour is sweet, medium sweet or unsweetened depending on the variety: sweet, blended or dry. The sensation is dense in the case of blended and sweet varieties.

4. Geographical area concerned

The production and bottling area for the geographical indication is restricted to the island of Mallorca in the Autonomous Community of the Balearic Islands, Spain.

5. Method for obtaining the spirit drink

It is produced by blending an aniseed-flavoured spirit drink with a water-alcohol solution, flavoured by maceration and/or distillation of plants, with the addition of water, ethyl alcohol of agricultural origin and, optionally, sucrose.

5.1. Ingredients

a) Essential

(1) Aniseed-flavoured spirit drink

(2) Alcohol of agricultural origin

(3) Distilled, deionised and/or demineralised drinking water.

(4) Aromatic plants produced on the island of Mallorca: (a) lemon verbena (Lippia citriodora) (b) camomile (Matricaria spp.) (c) orange (Citrus sinensis) (d) lemon (Citrus limon) (e) rosemary (Rosmarinus officinalis) (f) balm (Melissa oficinallis) (g) fennel (Foeniculum vulgare)

b) Optional

(1) Sucrose

(2) Other aromatic plants and/or authorised natural flavourings

(3) Colouring agents authorised for spirit drinks.

Production follows traditional practices with three separate stages.

The first stage involves extracting the plant aroma. Producer experience is fundamental at this stage. The proportion of essential aromatic plants is selected on this basis. The selected plants are macerated in a water-alcohol solution for as long as necessary to extract the aromas. This phase can be enhanced by distilling the macerate.

In the second stage, an aniseed-flavoured spirit drink is produced from agricultural alcohol, water and extracts or distillates of aniseed and, optionally, sucrose.

In the third and final stage, the products of the previous stages are blended with the optional addition of water, alcohol and sugar, in order to achieve the desired alcohol and sugar content and organoleptic characteristics. At this stage, the producer’s experience is fundamental. It is the basis for deciding the proportion of the aromatic extract produced at the first stage in order to achieve the distinctive characteristics of ‘Hierbas de Mallorca’/‘Herbes de Mallorca’.

6. Link with the geographical environment or origin

This spirit drink is widely renowned thanks to its high levels of production and sales over the years. All of this can be attributed to its unique organoleptic qualities: clear appearance; colour ranging from amber to green; intense aroma with strong presence of aniseed; perceptible fresh, sweet, fruity (orange and lemon) and floral notes. Numerous sources provide evidence of its reputation over the years, from its beginnings to the present.

The product’s traditional character dates back to its origins in the monasteries. The monks produced a wide range of spirits and spirit drinks using plants and fruits.

In the ‘posesiones’, as the large Mallorcan country estates were called, farmers were known to make an aniseed-flavoured spirit drink with local aromatic plants.

Production was possible thanks to the abundance of stills on the island. It is known that, at the end of the eighteenth century, there were 177 stills in Mallorca dedicated to the production of spirits. They produced 780 000 litres of distillates, of which 60 % was for local consumption. These stills enabled production of the distillate that provided the basis for manufacturing this unique spirit drink.

Furthermore, farmers’ wide-ranging knowledge of the characteristics of the island’s aromatic plants enabled them to select the most appropriate ones for flavouring the distillate. This led to the creation of ‘Hierbas de Mallorca’/‘Herbes de Mallorca’.

The organoleptic characteristics are what gives the product its reputation. They are clearly identifiable by the aromas of various plants from the island of Mallorca, especially fennel, rosemary, lemon verbena, camomile, lemon, orange and lemon balm. Use of these aromatic plants did not come about by chance. Rather, it is the result of observation and knowledge of wild plants on the part of producers, with the experience passed down the generations. Producers selected the most appropriate plants in their correct proportions to give the drink a pleasant and characteristic aroma and taste.

At the end of the nineteenth century, production and consumption of the drink increased due to the opening of small traditional producer establishments. Some of those establishments are still operating today.

Since the nineteenth century, the people of Mallorca have enjoyed traditional ‘Hierbas’ at all their celebrations, family gatherings and social events. Recent studies demonstrate the product’s current popularity. For example, according to the publication ‘Diagnosis de la producción y comercialización de los productos con denominación de calidad 2010’ [Analysis of the production and placing on the market of products with quality designations in 2010] produced by the Balearic Island Agrifood Quality Institute, sales increased by 11 % between 2009 and 2010, reaching a total sales volume of 1 301 457 litres.

This spirit drink is notably traditional in character. Nevertheless, it should be pointed out that the aforementioned study shows sales rising in EU countries in 2010, up 64 % compared with the previous year. This proves that the product is rated highly among European consumers.

Today it is drunk in homes, bars and restaurants. Traditionally the product is drunk before or after a meal, or with dessert. One of the great pairings is a glass of ‘Hierbas’ with ‘buñuelos’ [sweet, fried dough-balls]. Thanks to its popularity, its uses have evolved and it is also used in cocktails including the following: ‘Agua de Mallorca’ containing the sweet variety of ‘Hierbas’, kiwi and ‘gaseosa’ [sweetened soda water]; ‘El viento del Teix de Mallorca’ containing the unsweetened variety of ‘Hierbas’, Cointreau and blue After Shock; ‘Cielo abierto’ containing blended ‘Hierbas’, coconut milk and a dash of crème de cacao; and ‘Ca Nostra’ containing unsweetened ‘Hierbas’, Palo de Mallorca and Gin de Mahón.

Note that this drink has numerous culinary uses as an ingredient. For example, it is used to preserve dried figs and to impart a characteristic aroma and flavour to them.

The drink’s prestige is confirmed by its mention in various publications, for example Herbes i Remeis Casolans (Ripoll, Ll. 1985) and Llibre de la Ratafia (Fábrega, J. 2001). It should also be noted that it appears in international publications. This is especially significant given that current production is carried out in traditional form and by only seven producers. Relevant examples include:

— Brandl, F, 2003. Brandls Bar Buch, published by Matthaes Verlag GmbH, winner of the Goldmedalle gastronomische akademie Deutschlands E.V.

— Dominé, A. et al., 2009. El libro del Bar y de los Cócteles, published by H.F. Ullmann, which lists the most internationally successful distillates.

Furthermore, indirect proof of its wide reach, reputation and prestige can be found by considering the number of references on the internet. A Google search for ‘Hierbas de Mallorca’ on 3 April 2012 returned around 96 200 hits. The same search in Catalan, ‘Herbes de Mallorca’ returned 95 000 hits. The hits are linked to websites on gastronomy, tourist guides, recipes and newspaper articles, among others.

Specific characteristics attributable to the geographical area

The geographical influence lies in the agricultural and climatic conditions and in the human factor. On one hand, the agricultural and climatic conditions of Mallorca are ideal for growing the aromatic plants lemon verbena, camomile, lemon, orange, rosemary, balm and fennel. These give the drink its organoleptic characteristics. On the other hand, the human factor, especially the producers’ experience, are crucial for achieving the unique characteristics of ‘Hierbas de Mallorca’/‘Herbes de Mallorca’. Decisions about proportions of plants in the macerate, as well as blending aromatic extract with the aniseed-flavoured spirit drink, are based on the producer’s experience and on organoleptic analysis of the product.

7. European Union or national/regional provisions

— Regulation (EC) No 110/2008 of the European Parliament and of the Council of 15 January 2008 on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and repealing Council Regulation (EEC) No 1576/89.

— Commission Implementing Regulation (EU) No 716/2013 of 25 July 2013 laying down rules for the application 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

— Law 1/1999 of 17 March 1999 on the Statute of Balearic Island agrifood producers and industrialists.

Producers with the geographical indication must meet the following requirements.

(a) They must be listed in the Register of Manufacturers and Packagers of ‘Hierbas de Mallorca’/‘Herbes de Mallorca’.

(b) Bottling in the place of origin: the drink can only be placed on the market when bottled at the place of origin. The purpose behind this restriction is to ensure that the geographical indication is protected and justified on the basis of the following reasons: b.1. Guaranteeing, safeguarding and protecting product quality and hence the reputation of the geographical indication. Operators assume this responsibility as a group and in full, for the following reasons. — The fact that packaging takes place in the production area is vital in helping to preserve the specific characteristics and quality. It is equivalent to entrusting the application and control of packaging standards to the producers and to the control structure. These bodies have the necessary knowledge and skills. They also have a fundamental interest in preserving the reputation acquired, along with implementation and enforcement of all the rules on bottling. — The production area is situated on the island of Mallorca. Bulk transport to other areas could involve one or more sea crossings of considerable duration. This can pose a risk to preserving the finished quality of the product as one of the essential factors of its distinctive quality is the particular aroma. It is therefore essential to preserve the aroma acquired during production and to avoid the presence of alien aromas. In order to ensure the essential characteristics, bottling must be done at the place of origin and by the producers themselves. — The mere coexistence of two different bottling processes inside or outside the production area, with or without a systematic control could reduce the trust enjoyed by the geographical indication among consumers, who are reassured that all stages – production and packaging – are carried out under the control and responsibility of the group protected by this geographical indication. b.2. To guarantee traceability and ensure control: Permitting packaging outside of the demarcated area would compromise the guarantee of the origin of the product covered.

(c) The product covered is presented in transparent packaging with a maximum capacity of three litres. In exceptional circumstances, other types of packaging can be used with prior authorisation by the competent authority. It is permitted for the packaging to contain aromatic plants in maceration.

8. Applicant

Consell de Fabricants de Begudes Espirituoses de Mallorca Carrer Gremi d’Hortolans, 11, planta 3, despacho 3. Polígon Son Rossinyol 07009 Palma de Mallorca- Illes Balears (Spain)

9. Specific labelling rules

Specific labelling rules: the product covered by the geographical indication must include the following on its label:

1. The name ‘Hierbas de Mallorca’/‘Herbes de Mallorca’ in letters of at least 2 mm in height. Optionally, this can be followed by one of the three varieties described in section 3.3.

2. One of the following two logos: Option A in colour or Option B in black and white. Option A Option B

3. An alphanumeric control number.

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

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