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

(2021/C 46/09)

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 (1).

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

‘Hamburger Kümmel’

EU No: PGI-DE-01972-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 DEUTSCHLAND Telephone: +49 228539940 Email: info@bsi-bonn.de

Name of the geographical indication

‘Hamburger Kümmel’/‘Hamburg’s Kümmel’

Specification headings affected by the amendment

Protected name: 1. Synonymous spelling of designation Name of the control authorities: 2. Change of name of the highest control authority Other: 3. Change of category

Amendment

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

Explanation of the amendment

1. Synonymous spelling of designation

In addition to the geographical indication ‘Hamburger Kümmel’ registered in Annex III to Regulation (EC) No 110/2008 of the European Parliament and of the Council (2), the designation ‘Hamburg’s Kümmel’ should optionally also be authorised as a synonymous geographical indication.

2. Name of the competent control authority

The Justice and Consumer Protection Authority (formerly the Health and Consumer Protection Authority) is the competent control authority of the Free and Hanseatic City of Hamburg as from 1 July 2020.

3. Other (change of product category)

The amendment concerns Section 1.1.2 of the technical file (Category), namely the fact that the classification of ‘Hamburger Kümmel/Hamburg’s Kümmel’ is to be changed from category No 32 (‘Liqueur’) in Annex II to Regulation (EC) No 110/2008 (the Basic Spirit Drinks Regulation) 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 is being 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.

If ‘Hamburger Kümmel/Hamburg’s Kümmel’ is currently listed in the category ‘liqueur’ (category No 32) in Annex III to the Basic Spirit Drinks Regulation (currently Regulation (EC) No 110/2008), this is mainly due to the stricter classification that applied under the initial Basic Spirit Drinks Regulation (Council Regulation (EEC) No 1576/89 (3)). Under that Regulation, a product was automatically classed as a liqueur if it had a sugar content of 100 g or more per litre of finished product.

Traditionally, ‘Hamburger Kümmel/Hamburg’s 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 Spirit Drinks Regulation, any spirit drink with a sugar content of at least 100 g per litre of finished product was, 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 products sold under a generic sales denomination and 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 ‘Hamburger Kümmel/Hamburg’s 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 and 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 ‘Hamburger Kümmel/Hamburg’s 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. In the case of a ‘caraway-flavoured spirit drink’, the most important flavouring methods consist in the maceration of caraway seeds over a certain period of time or in maceration with subsequent distillation(s).

Moreover, the traditional name ‘Hamburger Kümmel/Hamburg’s 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

‘HAMBURGER KÜMMEL’/‘HAMBURG’S KÜMMEL’

EU No: PGI-DE-01972-AM01 – 28.9.2017

1. Name

‘Hamburger Kümmel’/‘Hamburg’s Kümmel’

2. Category of spirit drink

Category 23. Caraway-flavoured spirit drink

3. Description of the spirit drink

‘Hamburger Kümmel/Hamburg’s Kümmel’ is produced in the Free and Hanseatic City of Hamburg by flavouring ethyl alcohol of agricultural origin with caraway seeds (Carum carvi L.) and possibly other flavour-imparting ingredients.

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

Minimum alcoholic strength of 32 % vol., higher than that laid down for the product category. Consequently, the caraway aroma is more pronounced in terms of smell and taste.

In addition to caraway (seeds), only other natural flavour-imparting ingredients such as herbs or spices, including natural flavouring substances and preparations, may be used.

Food additives, e.g. colourings, are not used.

Physical, chemical and organoleptic characteristics

In terms of its physical, chemical and organoleptic characteristics, ‘Hamburger Kümmel/Hamburg’s Kümmel’ must meet the following requirements:

Physical and chemical requirements

Alcoholic strength: at least 32 % vol.

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

‘Hamburger Kümmel/Hamburg’s Kümmel’ is produced in the Free and Hanseatic City of Hamburg.

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

5. Method for obtaining the spirit drink

Traditionally, there are two different methods of producing ‘Hamburger Kümmel/Hamburg’s Kümmel’. Those methods can potentially be combined.

‘Hamburger Kümmel’ is produced either:

— 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:

— storage and/or maturing, where appropriate, in suitable containers,

— 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.

Reduction of the sweetened mixture to drinking strength by adding water, filtration, bottling, labelling and packaging (the final steps of the production process) may also take place outside the Free and Hanseatic City of Hamburg.

6. Link with the geographical environment or origin

There is evidence that ‘Hamburger Kümmel/Hamburg’s Kümmel’ has been produced in the greater Hamburg area since the 19th century, as it still is.

White-flowered caraway plants (Carum carvi L.) used to grow wild on meadows in the greater Hamburg area. Caraway is now grown as a crop throughout Germany and in neighbouring EU Member States, from where it is sourced for the production of ‘Hamburger Kümmel/Hamburg’s Kümmel’.

Caraway is also important specifically as a culinary spice in northern Germany. It aids the digestion of certain types of cabbage, for instance. 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. There is now hardly a single restaurant in Hamburg that does not have ‘Hamburger Kümmel/Hamburg’s Kümmel’ on its menu.

Furthermore, many restaurants serve dishes or other specialities containing ‘Hamburger Kümmel/Hamburg’s Kümmel’ as an ingredient.

Entering the term ‘Hamburger Kümmel/Hamburg’s Kümmel’ in a well-known internet search engine brings up links to a number of websites.

‘Hamburger Kümmel/Hamburg’s Kümmel’ is unofficially referred to as the national drink of Hamburg. In Hamburg City Hall, it is served on all official occasions.

The organoleptic characteristics of ‘Hamburger Kümmel/Hamburg’s Kümmel’ are based on:

— the caraway plants which are cultivated or grow wild in the greater Hamburg area and the neighbouring regions such as Ostfriesland and the Netherlands; and

— the production method used since the beginning of the 19th century, including the Hanseatic art of distillation.

Some ‘Hamburger Kümmel/Hamburg’s Kümmel’ producers have designed special glasses in which ‘Hamburger Kümmel/Hamburg’s Kümmel’ is served. These glasses contribute to the drinking experience.

Moreover, some producers of ‘Hamburger Kümmel/Hamburg’s Kümmel’ use labels showing the skyline or certain typical sights of Hamburg. Locals and tourists identify with the city and with this high-proof speciality drink.

7. European Union or national/regional provisions

‘Hamburger Kümmel/Hamburg’s Kümmel’ is registered in Annex III to Regulation (EC) No 110/2008 (the Spirit Drinks Regulation) and is therefore protected as a geographical indication.

The product must also comply with the requirements of horizontal EU food law, product-specific EU spirit drinks legislation and supplementary national law (e.g. the requirement to indicate the batch number under the Batch Identification Regulation).

8. Supplement to the geographical indication

Also, the geographical indication ‘Hamburger Kümmel/Hamburg’s Kümmel’ may only be supplemented as follows:

(a) Basic rule on supplements to the geographical indication ‘Hamburger Kümmel/Hamburg’s Kümmel’: Under current Union spirit drinks legislation, the name ‘Hamburger Kümmel/Hamburg’s Kümmel’ may be supplemented only by: — 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 other terms (ageing and quality indications): — If indications concerning maturing, ageing or storage (e.g. ‘alt’ or ‘alter’ [old]) are added to the geographical indication ‘Hamburger Kümmel/Hamburg’s Kümmel’, the products must have been matured or stored in suitable containers for at least 6 months. — If quality terms (e.g. ‘feiner’ [fine] or ‘Tafel-’ [table]) are added to the geographical indication ‘Hamburger Kümmel/Hamburg’s Kümmel’, the products must be of significantly higher quality than standard products. This may, for instance, be on account of having a particularly high proportion of caraway seeds in the mixture with ethyl alcohol of agricultural origin, or of using organically grown caraway seeds or using extra-fine filtered ethyl alcohol of agricultural origin, or because the alcoholic strength is higher than the minimum alcoholic strength laid down for the product category ‘Caraway-flavoured spirit drink’.

9. Applicant

Bundesministerium für Ernährung und Landwirtschaft (BMEL) [Federal Ministry of Food and Agriculture (BMEL)] Referat 414 (Wein, Bier, Getränkewirtschaft) [Unit 414 (Wine, beer, beverages sector)] Rochusstraße 1 53123 Bonn DEUTSCHLAND

10. Intermediaries

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 DEUTSCHLAND

11. Control authorities

In the Free and Hanseatic City of Hamburg, seven district offices are responsible for control tasks in relation to spirit drinks producers.

The names of those district offices are available from the

Behörde für Justiz und Verbraucherschutz [Justice and Consumer Protection Authority] Amt für Verbraucherschutz, Lebensmittelsicherheit und Veterinärwesen [Consumer Protection, Food Safety and Veterinary Affairs Office] Billstrasse 80a (Turm) 20539 Hamburg DEUTSCHLAND

Telephone: +49 40428370

Email: lebensmittelueberwachung@justiz.hamburg.de

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

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

(3) OJ L 160, 12.6.1989, p. 1.