Publication of an application for registration pursuant to Article 6(2) of Regulation (EEC) No 2081/92 on the protection of geographical indications and designations of origin
Date: 2003-11-18
Institutions: European Commission
Subjects: Aquitaine, Limousin, Midi-Pyrenées, Poitou-Charentes, designation of origin, labelling, location of production, nut, product designation, product quality

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Publication of an application for registration pursuant to Article 6(2) of Regulation (EEC) No
2081/92 on the protection of geographical indications and designations of origin

(2003/C 277/10)

This publication confers the right to object to the application pursuant to Articles 7 and 12d of the
abovementioned Regulation. Any objection to this application must be submitted via the competent
authority in a Member State, in a WTO member country or in a third country recognised in accordance
with Article 12(3) within a time limit of six months from the date of this publication. The arguments for
publication are set out below, in particular under 4.6, and are considered to justify the application within
the meaning of Regulation (EEC) No 2081/92.

COUNCIL REGULATION (EEC) No 2081/92

APPLICATION FOR REGISTRATION: ARTICLE 5

PDO (x)

PGI (

)

National application No: —

1. Responsible department in the Member State

Name:

Institut national des appellations d'origine

Address: 138, avenue des Champs-Elysées — F-75008 Paris

Tel.

Fax

(33-1) 53 89 80 00

(33-1) 42 25 57 97

2. Applicant group

2.1. Name:

Syndicat de défense de la noix et du cerneau de noix du Périgord

2.2. Address: Station de Creysse, BP 18, F-46600 Martel

Tel. (33) 05 65 32 22 22, fax (33) 05 65 37 07 42

2.3. Composition: producers of

in-shell walnuts and/or walnut kernels, producer organisations,

traders, marketing companies

3. Type of product: Fruit, vegetables, cereals, whether or not processed, Class 1.6

4. Specification

(summary of requirements under Article 4(2))

4.1. Name: Noix du Périgord

4.2. Description: The following products may be protected by the Noix du Périgord denomination of

origin: fresh or early walnuts, dry walnuts, walnut kernels.

The minimum size for fresh or early walnuts and dry walnuts is 28 mm.

Fresh or early walnuts are fresh products, sold in-shell to be consumed soon after harvest, after
being shelled and peeled. They are harvested when the kernel
is firm and easily-peeled. On
packing, the humidity content of the nut must be at least 30 %. The two varieties used are
marbot and franquette.

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Dry nuts, gently dried after harvest, must have a moisture content of less than 12 % on packing.
They need simply be broken to be eaten, having become less bitter. The varieties used are marbot,
franquette and corne.

Walnut kernels must be large enough not to pass through an 8 mm mesh. Small, light-coloured
kernels are sought after.
In the case of predominantly light-coloured kernels, all shapes are
acceptable (whole or parts). Where kernels are slightly darker, light brown or lemon-coloured,
only half-kernels are acceptable. Only 5 % of darker kernels are allowed. On packing,
the
maximum moisture content of the kernels is 5 %. The varieties used are corne, franquette and
grandjean.

4.3. Geographical area: The geographical area of Noix du Périgord is made up of 612 municipalities in
the Departments of l'Aveyron, la Charente, la Corrèze, la Dordogne, le Lot, and le Lot-et-Garonne.

The walnuts must be grown, shelled and packed in the area.

The area has been defined on the basis of two main criteria:

— production and processing methods: municipalities have been included within which there are

walnut groves and/or isolated walnut trees and/or in which shelling is carried out,

— geological, pedological and climatic criteria indicating areas suitable for the production of
quality walnuts. On the basis of these criteria, a planting zone for walnut trees has been
defined, outside of which trees cannot be planted for the production of PDO walnuts.

4.4. Proof of origin

(a) Historical background

The presence of walnut trees in Dordogne as far back as 8 000 BC is attested by fossilised wood
and shells. The earliest written evidence of walnut trees in the Périgord is provided by rent paid by
farmers to the Cistercian Abbey du Dalon in the thirteenth century. In the eighteenth century,
walnut plantations were ruined by war and very cold winters and other oils (rapeseed oil, peanut
oil, poppy seed oil) began to compete with walnut oil. However, production continued for the
in-shell and, in particular, the kernel markets. In 1924, the first national congress on walnuts and
walnut kernels was held in Périgueux, initiating coherent discussions of technical questions. At that
time, Sarlat was renowned for walnut shelling by hand, which provided work for large numbers of
women. The great freeze of 1956 damaged a great number of walnut trees and production
plummeted from 10 000 tonnes to 6 500 tonnes. This low level of production continued into
the 1980s but 25 000 ha have been planted in Dordogne in recent years, restoring the area
planted to original levels and allowing an increase in production.

(b) Traceability

Dried, fresh and kernels of noix du Périgord are monitored from the growing stage through to the
final product.

The nuts are harvested solely in groves or from isolated trees identified by the Institut National des
Appellations d'Origine (INAO — National Institute for Designations of Origin) and independent
experts as being within the planting zone. The groves must comply with the criteria for parcels
and production. All groves fulfilling the criteria are registered by the INAO.

In addition, all operators involved in the production, shelling, storage and packaging of noix du
Périgord must fill out a declaration of aptitude, registered by the INAO, and are obliged to keep
records to allow monitoring of purchases and sales of noix du Périgord. They must also make an
annual stock declaration. Production is also monitored on the basis of harvest declarations, kernel-
production declarations and marketing declarations, which must be submitted to the INAO. All
lots of walnuts covered by the PDO must be accompanied by a removal order.

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the packaged product. All
Analytical and organoleptic tests are carried out on samples of
packaging in which noix du Périgord are marketed is identified using a marking system specific
to the product and approved by the INAO.

It is prohibited to transport loose in-shell walnuts or loose walnut kernels outside the geographical
area. Generally speaking, walnuts, like wine, are fungible, meaning that walnuts of different origins
and varieties can be mixed together in the same packaging. Unlike elsewhere in France, where
walnuts in shell are sold in mixtures of varieties, Périgord walnuts have traditionally always been
sold by variety, to preserve the value of the highest-quality varieties. The only exception to this
rule is the traditional ‘corne-marbot’ mixture, as this makes it easier to sell the corne variety which,
while its gustatory merits are clear,
is difficult to break and therefore less attractive to some
consumers. It is this tradition of selling walnuts by variety that underlies the requirement that
the products be packaged in the production area, as is current practice in the Périgord. Moreover,
one of the assessment criteria used for the visual inspection of shells (fresh and dry walnuts) during
the organoleptic tests is the varietal purity of
the samples. Batches containing too high a
percentage of other varieties may not bear the protected name. Where the kernel is concerned,
the variety is hard to determine by visual inspection, but clearer from the taste.

Furthermore, packaging in the production area safeguards the quality of the product:

Fresh walnuts contain at lest 30 % water and are prone to desiccation. To preserve their quality,
they must be kept at a temperature of between 1 °C and 5 °C with a relative humidity of between
80 % and 95 %, i.e. in a cold chamber. Packaging in non-airtight packaging must therefore be done
as close as possible to the marketing stage, which means in the production area, so as to guarantee
the quality of the walnuts thanks to the special preservation conditions, which are kept constant
from harvest. Fresh walnuts have a limited shelf-life (they may not be dispatched after 15 October
of the year of harvest) and may under no circumstances be converted into dry walnuts. Besides, it
is specified on the packaging that fresh walnuts must be kept in the refrigerator.

The technical aspects described above also apply to dry walnuts. The products need to be packaged
inside the production area not only because of their water content, but also because of their fat
content: if not kept in proper conditions, there is a danger that they might become rancid. As in
the case of fresh walnuts, but after 1 March, standards are set for the temperature (between 2 °C
and 8 °C) and humidity (between 60 % and 75 %) at which they must be kept. Dry walnuts also
have a limited shelf-life: until 31 December of the year after harvest.

4.5. Method of production: Only four varieties are authorised for the production of noix du Périgord.
Fresh walnuts must be of the marbot and franquette varieties, dry walnuts of the marbot, fran-
quette and corne varieties and walnut kernels of the franquette, corne and grandjean varieties.
Within each grove, a maximum of eight trees of pollinator varieties per hectare is permitted.

The walnuts must be from identified groves.

Each tree must have a minimum area of 80 m2 from the fifteenth year after planting, giving a
maximum density of 125 trees/ha. The minimum distance between trees is 7 metres. Intercropping
is permitted for the first five years following planting provided that crops are at least two metres
from trunks.

Irrigation is permitted during the tree's growing period until and including 10 September. Spray
irrigation of the foliage is forbidden as is the use of growth regulators and ripeners. The average
yield of groves is limited to four tonnes per hectare.

Dry walnuts and fresh or early walnuts have a minimum size of 28 mm. The soaking of in-shell
walnuts is forbidden. The treatment of in-shell walnuts with hypochlorite solution is authorised
only in the case of existing establishments and then only until 31 December 2006.

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Fresh or early walnuts are harvested when the kernel is firm and peels easily. On packing, the
humidity content of fresh or early walnuts must be at least 30 %.

Dry nuts must be air dried on laths or dried using hot, dry air ventilation, in which case the
temperature of the air, which must flow over all the nuts to be dried, must not exceed 30 °C.

Kernels are extracted from nuts from identified groves. The shells are broken either by hand or by
machine and the kernels are then separated from the broken pieces of shell by hand. During this
process and before packing, the nuts and kernels may not be transported in cardboard boxes.

On the premises of traders before packaging, storage conditions (humidity, temperature) are
regulated for each type of product in order to preserve quality. On packing, the tolerances for
faults on the shell and on the edible part of the nut are stricter than those set out in the marketing
standard fixed by Regulation (EC) No 175/2000. Fresh or early walnuts may not be kept in airtight
packages.

Fresh or early walnuts are packed in packages of a maximum of 5 kg, dry walnuts in packages of a
maximum of 25 kg and walnut kernels in packages of a maximum of 15 kg. The sale of loose
fresh or early and dry walnuts and walnut kernels is permitted in the production area in palloxes
of a maximum capacity of 450 g.

In order to preserve all the qualities of the nuts, fresh or early walnuts may not be marketed after
15 October of the year of harvest. Dry walnuts and walnut kernels may not be marketed after 31
December of the year following that of harvest.

4.6. Link: Noix du Périgord are produced in a traditional walnut and walnut-kernel production zone.
The know-how of producers, adapted to local conditions, has helped produce an exceptional
product.

The planting zone for walnut trees is mainly in the piedmont of the Massif Central, an area with
hot summers and high rainfall. This high rainfall produces the water reserve in the subsoil required
for walnut-growing, which promotes budding and the formation of high-quality kernels. This
explains why there have been walnut groves in the region for so long.

The renown of noix du Périgord as a quality product has grown over the centuries and is now well
established. They have been appreciated by connoisseurs of fine food in France, Europe and
America since the nineteenth century.

Within the production area, producers have always known how to choose the most appropriate
locations for the production of quality walnuts. This has permitted the establishment of the
geological, pedological and microclimatic criteria necessary for identifying plots suitable for
growing noix du Périgord.

Only traditional, local varieties adapted to the pedoclimatic conditions of the region are permitted,
i.e. marbot, corne and grandjean, which are found exclusively in the region, and franquette, a
variety adapted to the local soil.

Since hardy varieties are employed and so as to ensure quality, extensive production methods are
used. These are designed to preserve and exploit the specific character of the soil (low density,
limited irrigation, moderate size, limited yields), thus preserving the characteristics of the product.

Finally, shelling is still carried out by hand. The method is the product of know-how developed in
the region over many years and guarantees the integrity of the kernels (80 % whole kernels), allows
the selection of the best products and helps maintain a traditional activity.

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4.7. Inspection body

— INAO, 138, avenue des Champs-Elysées — F-75008 Paris

— DGCCRF, 59, Boulevard V. Auriol — F-75703 Paris Cedex 13

4.8. Labelling: The labelling of individual packages of fresh or early walnuts, dry walnuts and walnut
kernels covered by the Noix du Périgord registered designation of origin must carry in the same
field of vision on the front of the package the marking approved by the Institut National des
Appellations d'Origine (National Institute for Designations of Origin) distributed by the approved
body, the name of the designation of origin Noix du Périgord in characters at least as large as the
largest characters on the labelling, the words Appellation d'Origine Contrôlée or AOC immediately
below the name of the designation, with no other words inserted in between and in characters at
least 2/3 the size of the largest characters on the front of the labelling and, where appropriate, the
words cerneaux de noix.

The labelling for kernels must also indicate, not necessarily in the same field of vision, the year of
harvest. For dry nuts, the label must also indicate, not necessarily in the same field of vision, the
name of the varieties in the case of a mix of corne and marbot.

4.9. National requirements: Decree on the registered designation of origin Noix du Périgord.

EC No: FR/00248/2002.05.03.

Date of receipt of the full application: 3 October 2003.

Non-opposition to a notified concentration

(Case COMP/M.3278 — CVC/TPG/Debenhams)

(2003/C 277/11)

(Text with EEA relevance)

On 5 November 2003, the Commission decided not to oppose the above notified concentration and to
declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council
Regulation (EEC) No 4064/89. The full text of the decision is only available in English and will be
made public after it is cleared of any business secrets it may contain. It will be available:

— as a paper version through the sales offices of the Office for Official Publications of the European

Communities (see list on the last page),

— in electronic form in the ‘CEN’ version of the CELEX database, under document No 303M3278. CELEX

is the computerised documentation system of European Community law.

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