2009/16/EC: Commission Decision of 19 December 2008 rejecting an application for entry in the register of protected designations of origin and protected geographical indications provided for in Council Regulation (EC) No 510/2006 ( Germantas ) (PGI) (notified under document number C(2008) 8430)
Date: 2008-12-19
Institutions: European Commission
Subjects: Lithuania, cheese, designation of origin, location of production, product designation

13.1.2009

EN

Official Journal of the European Union

L 8/25

COMMISSION DECISION

of 19 December 2008

rejecting an application for entry in the register of protected designations of origin and protected
geographical indications provided for in Council Regulation (EC) No 510/2006 (Germantas) (PGI)
(notified under document number C(2008) 8430)

(Only the Lithuanian text is authentic)

(2009/16/EC)

high temperature, are related to its production method.
The specification furthermore explains that typical colour
of cheese ‘Germantas’
is due to its maturing in trans­
parent, or coloured, film that reduces decomposition of
the photosensitive compounds under the light.
In the
absence of a link between these factors and the geogra­
phical origin, the application does not meet the basic
criteria for registration as a protected geographical indi­
cation.

A link within the meaning of
the second indent of
Article 2(1)(b) of Regulation (EC) No 510/2006 has
therefore not been demonstrated.

In the light of the above, the application to register the
name ‘Germantas’ as a protected geographical indication
should be rejected.

The measure provided for
accordance with
of
Committee on Protected Geographical
Protected Designations of Origin,

opinion

the

in this Decision is

in
the
Standing
Indications and

(5)

(6)

(7)

HAS ADOPTED THIS DECISION:

Article 1

The application to register the name ‘Germantas’
rejected.

is hereby

Article 2

This Decision is addressed to the Republic of Lithuania.

Done at Brussels, 19 December 2008.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 510/2006 of
20 March 2006 on the protection of geographical indications
and designations of origin for agricultural products and food­
stuffs (1),
second subparagraph of
Article 6(2) thereof,

and in particular

the

Whereas:

(1)

(2)

(3)

(4)

Under Article 6(1) of Regulation (EC) No 510/2006 and
in accordance with Article 17(2) thereof, the Commission
examined
name
‘Germantas’ as a protected geographical indication for a
cheese, submitted by Lithuania and received on 15 June
2005.

application

register

the

the

to

In response to requests from the Commission, Lithuania
provided a new version of the specification together with
summary and additional information, received on 3 July
2006, 5 December 2006 and 3 September 2008.

clarifications
The Commission requested,
concerning the nature of the link between the characte­
ristics of the product for which registration is requested
and its specific geographical origin.

inter

alia,

the Commission noted that

Having examined the material submitted by Lithuania in
the application,
specific
characteristics of the cheese are due to its production
method and they are not attributable to the geographical
origin. The specification states that the link between the
cheese ‘Germantas’ and its area is based on its specific
method of production that confers it specific organo­
from other
leptic
that organoleptic
cheeses. The specification reaffirms
its
characteristics
faint yellowish colour with greenish to greyish nuances,
a light aroma of acidified milk, whey and pasteurised
milk, and a little sour flavour of pasteurised milk at

specific to the cheese ‘Germantas’,

that distinguish it

characteristics

(1) OJ L 93, 31.3.2006, p. 12.