Commission Regulation (EC) No 1258/2004 of 8 July 2004 supplementing the Annex to Regulation (EC) No 2400/96 on the entry of certain names in the Register of protected designations of origin and protected geographical indications (Paia de Toucinho de Estremoz e Borba, Chouriço de Carne de Estremoz e Borba, Paia de Lombo de Estremoz e Borba, Morcela de Estremoz e Borba, Chouriço grosso de Estremoz e Borba, Paia de Estremoz e Borba)
Date: 2004-07-08
Institutions: European Commission
Subjects: Portugal, designation of origin, location of production, meat product, product designation

9.7.2004

EN

Official Journal of the European Union

L 239/5

COMMISSION REGULATION (EC) No 1258/2004

of 8 July 2004

supplementing the Annex to Regulation (EC) No 2400/96 on the entry of certain names in the
indications (Paia de
Register of protected designations of origin and protected geographical
Toucinho de Estremoz e Borba, Chouriço de Carne de Estremoz e Borba, Paia de Lombo de
Estremoz e Borba, Morcela de Estremoz e Borba, Chouriço grosso de Estremoz e Borba, Paia de
Estremoz e Borba)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EEC) No 2081/92 of 14
indications and
July 1992 on the protection of geographical
designations of origin for agricultural products and food-
stuffs (1), and in particular Article 6(4) and Article 7(5)(b)
thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

the names

Pursuant to Article 5 of Regulation (EEC) No 2081/92,
Portugal has sent the Commission six applications for
‘Paia de Toucinho de
registration of
‘Chouriço de Carne de Estremoz e
Estremoz e Borba’,
Borba’,
‘Morcela
‘Chouriço grosso de Estremoz e
de Estremoz e Borba’,
Borba’ and ‘Paia de Estremoz e Borba’ as protected
geographical indications.

‘Paia de Lombo de Estremoz e Borba’,

have

In accordance with Article 6(1) of that Regulation, the
applications
the
been found
requirements laid down therein and in particular to
contain all the information required in accordance with
Article 4 thereof.

to meet

all

The main elements of the specifications relating to the
applications to register the names were published in the
Official Journal of the European Communities on 27 April
2002 (2).

Italy has sent the Commission statements of objection to
the registration of
the names within the meaning of
Article 7 of Regulation (EEC) No 2081/92.

The statements of objection related to non-compliance
with the conditions referred to in Article 2 of the Regu-
lation and were admissible within the meaning of Article
7(4) of the Regulation. The Commission asked the two
Member States to find a mutual agreement in accordance
with their internal procedures.

(1) OJ L 208, 24.7.1992, p. 1. Regulation as last amended by Regu-

lation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

(2) OJ C 102, 27.4.2002, p. 2.

(6)

(7)

(8)

(9)

(10)

(11)

No agreement was reached between Portugal and Italy
within the three-month deadline so the Commission
has to adopt a decision using the procedure provided
for in Article 15.

Firstly, Italy states that the geographical production area
of the raw material is not precisely defined so that proof
of origin cannot be certified. Moreover, with regard to
the breed used, because there is no mention of the possi-
bility of using cross-breeds proof of origin is insufficient
even if a herd-book existed for the breed in question.

For each of the six names for which a PGI is claimed, the
conditions referred to in Article 2 of Regulation (EEC) No
2081/92 are met because the processing area is precisely
defined and the link is justified by the reputation and
particular organoleptic characteristics. Italy’s argument is
not relevant because in this case proof of origin must
relate to proof of processing in the defined geographical
area and not to proof of origin of the raw material.
Nevertheless,
the specifications may contain objective
criteria concerning choice of raw material.

the claim of

Italy states that

Secondly,
tradition of
production in ‘duly licensed’ plants is not valid if the
parameters to be observed and the legal person to
In
whom the licence is granted are not mentioned.
addition,
the registration applications do not describe
the phases and parameters to be observed during the
production
and
temperature and maturing possibilities and methods
using traditional techniques.

smoking

process

such

time

as

The files supporting the registration applications show
to
the licensed plants are listed and subject
that
controls capable of verifying that the parameters listed
in the specifications are observed. The phases and para-
meters to be observed during the production process are
precisely detailed in the specifications deposited with the
Commission.

Thirdly, Italy states that the purpose of the registration
applications is more to differentiate the products in
commercial
from other very similar products
than to establish the existence of a diversity in agri-
cultural production as encouraged in the second recital
to Regulation (EEC) No 2081/92.

terms

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Official Journal of the European Union

9.7.2004

(12) According to the specifications deposited with the
Commission and the additional
information provided
by the Portuguese delegation, the products demonstrate
noteworthy differences in the meat pieces used,
the
seasoning, the type and duration of curing, the type of
casing used, the size of the meat and fat pieces, or the
dimension, shape and taste of the finished products. In
addition, the products are given different names.

(15)

(16)

The Annex to this Regulation supplements the Annex to
Commission Regulation (EC) No 2400/96 (1).

The measures provided for in this Regulation are in
the Regulatory
accordance with
Committee on Protected Designations of Origin and
Protected Geographical Indications,

opinion of

the

(13)

Formal examination of the specifications for the names
‘Chouriço de
‘Paia de Toucinho de Estremoz e Borba’,
Carne de Estremoz e Borba’,
‘Paia de Lombo de
‘Morcela de Estremoz e Borba’,
Estremoz e Borba’,
‘Chouriço grosso de Estremoz e Borba’ and ‘Paia de
Estremoz
error of
assessment.

revealed no obvious

e Borba’

(14) Accordingly, the names qualify for entry in the Register
of protected designations of origin and protected geogra-
phical
indications and should therefore be protected
throughout the Community as geographical indications.

HAS ADOPTED THIS REGULATION:

Article 1

The names listed in the Annex to this Regulation are hereby
added to the Annex to Regulation (EC) No 2400/96 and
entered in the Register of protected designations of origin and
protected geographical
indications as provided for in Article
6(3) of Regulation (EEC) No 2081/92 as protected geographical
indications (PGI).

Article 2

This Regulation shall enter into force on the 20th day following
the European
that of
Union.

its publication in the Official

Journal of

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 8 July 2004.

For the Commission

Franz FISCHLER
Member of the Commission

(1) OJ L 327, 18.12.1996, p. 11. Regulation as last amended by Regu-

lation (EC) No 1165/2004 (OJ L 224, 25.6.2004, p. 16).

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Official Journal of the European Union

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ANNEX

FOODSTUFFS REFERRED TO IN ANNEX I TO REGULATION (EEC) No 2081/92

Meat-based products

PORTUGAL

Paia de Toucinho de Estremoz e Borba (PGI)

Chouriço de Carne de Estremoz e Borba (PGI)

Paia de Lombo de Estremoz e Borba (PGI)

Morcela de Estremoz e Borba (PGI)

Chouriço grosso de Estremoz e Borba (PGI)

Paia de Estremoz e Borba (PGI)