2009/15/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 ( Džiugas ) (PGI) (notified under document number C(2008) 8423)
Date: 2008-12-19
Institutions: European Commission
Subjects: Lithuania, cheese, designation of origin, location of production, product designation

L 8/24

EN

Official Journal of the European Union

13.1.2009

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 (Džiugas) (PGI)
(notified under document number C(2008) 8423)

(Only the Lithuanian text is authentic)

(2009/15/EC)

and that the particular organoleptic characteristics of the
cheese ‘Džiugas’,
its faint yellow colour with greyish
nuances and its fresh taste, are due to its method of
In the absence of a link between these
production.
factors and the geographical origin,
the application
does not meet the basic criteria for registration as a
protected geographical indication.

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 ‘Džiugas’ as a protected geographical
indication
should be rejected.

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

opinion

the

in this Decision is

in
Standing
the
Indications and

(5)

(6)

(7)

HAS ADOPTED THIS DECISION:

Article 1

The application to register the name ‘Džiugas’ is hereby rejected.

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 the application to register the name ‘Džiugas’
as a protected geographical
indication for a cheese,
submitted by Lithuania and received on 15 June 2005.

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.

The Commission requested,
clarifications
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,

Having examined the material submitted by Lithuania in
the application, the Commission noted that the specific
quality or 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 ‘Džiugas’ and its area is expressed by
its specific method of production that confers physical,
chemical and organoleptic characteristics that can not be
found in other cheeses. The specification furthermore
claims that the production method of cheese ‘Džiugas’
determines its higher content of magnesium and calcium

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