2006/15/EC: Commission Decision of  12 January 2006  concerning an application for registration in the  Register of protected designations of origin and protected geographical indications  provided for in Council Regulation (EEC) No 2081/92 ( Choucroute d’Alsace ) (PGI)  (notified under document number C(2006) 5)
Date: 2006-01-12
Institutions: European Commission
Subjects: France, designation of origin, leaf vegetable, location of production, product designation, vegetable product

L 10/70

EN

Official Journal of the European Union

14.1.2006

COMMISSION DECISION

of 12 January 2006
concerning an application for registration in the ‘Register of protected designations of origin and
indications’ provided for in Council Regulation (EEC) No 2081/92
protected geographical

(Choucroute d’Alsace) (PGI)

(notified under document number C(2006) 5)

(Only the French text is authentic)

(2006/15/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

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 7(5)(b) thereof,

Whereas:

(1)

(2)

(3)

In accordance with Article 6(2) of Regulation (EEC) No
2081/92, the request from France to register the name
Choucroute d’Alsace has been published in the Official
Journal of the European Union (2).

Germany has objected to the registration in accordance
with Article 7(1) of Regulation (EEC) No 2081/92. Its
statement of objection covers non-compliance with the
conditions laid down in Article 2 of that Regulation, the
possible threat to the existence of a product which was
legally on the market for at least five years preceding the
date of the publication provided for in Article 6(2) and
the generic nature of the name for which registration has
been requested.

Since the statement of objection was deemed admissible
within the meaning of Article 7(4) of Regulation (EEC)
No 2081/92, the Commission, by letter of 12 November
2004, requested France and Germany to seek agreement
between themselves in accordance with their internal
procedures, pursuant to Article 7(5) of that Regulation.
However, no agreement was reached between those
Member States within a period of three months, as a
take a
consequence of which the Commission must
decision.

(5)

(6)

As regards non-compliance with the conditions laid
down in Article 2 of Regulation (EEC) No 2081/92,
the statement of objection challenges the claim that the
choucroute possesses a specific quality due to factors
allegedly peculiar to Alsace, namely the maturity of the
cabbage, which is attributed to the climate and the char-
acteristics of the soil in Alsace, the natural fermentation
method and the know-how of the small family firms. The
types of soil are described in the application for regis-
tration as deep, rich and well-drained. The semi-conti-
the production area is marked by
nental climate of
high temperatures in summer and sunny days alternating
with cool nights in late autumn. However, such climate
and soil conditions prevail
regions where
cabbages are grown and they are not, therefore, specific
according to Article 2(2)(b). As regards the fermentation
process,
the specifications contain no elements which
allow it to be described as ‘natural’ or to attribute it to
the Alsace region alone. The specific quality or a
particular characteristic of choucroute cannot, therefore,
be based on such elements.

in other

As regards the reputation of the name Choucroute d’Alsace,
the elements of proof contained in the application for
registration basically refer to choucroute garnie (choucroute
cooked and served with meat). Those elements thus refer
to a cooked dish, which is a product falling outside the
scope of Regulation (EEC) No 2081/92. As regards the
reputation of raw choucroute, the specifications and the
proof provided do not make it possible to establish a
specific reputation for choucroute that is independent of
the reputation attributed to it as a cooked dish served
with meat.

In the light of those elements, the name does not meet
the conditions laid down in Article 2(2)(b) of Regulation
(EEC) No 2081/92. Consequently, it is not necessary to
examine whether the name Choucroute d’Alsace has a
generic character in accordance with the criteria laid
down in Article 3(1) of Regulation (EEC) No 2081/92.

(1) OJ L 208, 24.7.1992, p. 1. Regulation as last amended by the 2003

Act of Accession.

(2) OJ C 206, 2.9.2003, p. 2.

(7)

The name Choucroute d’Alsace should not therefore be
entered in the ‘Register of protected designations of
origin and protected geographical indications’.

14.1.2006

EN

Official Journal of the European Union

L 10/71

(8)

in this Regulation is

in
The measure provided for
accordance with
the Regulatory
Committee on the Protection of Geographical Indications
and Designations of Origin for Agricultural Products and
Foodstuffs,

opinion of

the

geographical
(EEC) No 2081/92.

indications’ provided for in Council Regulation

Article 2

This Decision is addressed to the French Republic.

HAS ADOPTED THIS DECISION:

Done at Brussels, 12 January 2006.

Article 1

The name Choucroute d’Alsace shall not be entered in the
‘Register of protected designations of origin and protected

For the Commission

Mariann FISCHER BOEL
Member of the Commission