Publication of an amendment application pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs
Date: 2015-04-17
Institutions: European Commission
Subjects: France, consumer information, designation of origin, foodstuff, labelling, olive, product designation, quality control of agricultural products




C_2015123EN.01001301.xml










17.4.2015   


EN


Official Journal of the European Union


C 123/13







Publication of an amendment application pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs
(2015/C 123/07)

This publication confers the right to oppose the application pursuant to Article 51 of Regulation (EU) No 1151/2012 of the European Parliament and of the Council (1).
AMENDMENT APPLICATION

COUNCIL REGULATION (EC) No 510/2006


on the protection of geographical indications and designations of origin for agricultural products and foodstuffs
                   (2)


AMENDMENT APPLICATION IN ACCORDANCE WITH ARTICLE 9



                     ‘OLIVES NOIRES DE NYONS’
                  


EC No: FR-PDO-0317-01200-20.2.2014
                  


PGI ( ) PDO ( X )

1.   Sections of the specification affected by the amendments



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☐
 Name of product


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☒
 Description of product


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☒
 Geographical area


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☒
 Proof of origin


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☒
 Method of production


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 Link


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☒
 Labelling


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 National requirements


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 Other [inspection structures]
2.   Type of amendments



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 Amendment to Single Document or Summary Sheet


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☐
 Amendment to Specification of registered PDO or PGI for which neither the Single Document nor the Summary Sheet has been published


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☐
 Amendment to Specification that requires no amendment to the published Single Document (Article 9(3) of Regulation (EC) No 510/2006)


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☐
 Temporary amendment to Specification resulting from imposition of obligatory sanitary or phytosanitary measures by public authorities (Article 9(4) of Regulation (EC) No 510/2006)
3.   Amendment(s):


Description of product

More details have been added to the organoleptic description based on the inspections carried out since the designation was recognised. This has been done to better identify the product. ‘The stone is large to very large in size, oval in shape, broader at the base and with a pronounced beak. The flesh is smooth, moist and scented. It comes away easily from the stone. The aromas are fruity with ripe olive, chocolate, vanilla, undergrowth and/or red fruits. These aromas develop differently depending on the method of preparation.’
               
The size of the olive stone is now described as ‘large to very large’, instead of ‘quite large’. This is due to a better understanding of olive varieties and their characteristics.
In addition, in order to characterise the product,






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different grades specific to the designation have been introduced: presented in uniform batches according to grade, meaning that they contain at most two consecutive grades: second class, or class 2, of 14 to 16 mm in diameter; first class, or class 1, of 16 to 18 mm in diameter; and extra class, of 18 mm and over. Grading olives by diameter is more accurate than defining the grade by number of fruits per hectogram, which is what generally happens with olives. Furthermore, the different grades described here have been used for many years in the Nyons region. They are traditional and known to local consumers.










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another addition to the description is that the olives may be presented with or without their peduncle, which is a recognised local practice.




With regard to the colour of the olives, it is specified that this may range from ‘monk’s habit’, i.e. darkish brown, to black. In fact, the method of preparing or presenting the olives causes subtle variations of colour. This is not a fault, nor does it signal a problem in preparation or ripeness.
The original decree recognising the AOC permitted three types of preparation, which were traditionally used for the PDO ‘Olives noires de Nyons’. These are reiterated as they are the only methods of preparation available on the market to consumers. Furthermore, they affect the appearance of the olives. The methods are: plain, in brine and dry-salted.

Geographical area

In this section, arrangements for determining suitable parcels have been brought into line with the new national procedures.
The following provision has been deleted: By way of derogation, the Marquion frères canning plant, located in the municipality of Le Thor, in the department of Vauclause, is authorised to prepare ‘Olives noires de Nyons’ with that designation. In fact, the company in question ceased trading in 1999. In any case, it could not have continued using that denomination for more than five years following PDO registration, i.e. 21 June 2001.

Proof of origin

Owing to developments in national legislation and regulations, the text under the heading ‘Evidence that the product originates from the defined geographical area’ has been consolidated to bring together, in particular, provisions on declaration requirements and the keeping of registers for tracing the product and monitoring the production conditions.
Provisions on the authorisation of operators by the inspection body have been included. This permits recognition of their ability to meet the requirements of the Specification for the designation they wish to use.
This section has also been supplemented with information on registers and declaration documents, enabling traceability to be guaranteed and ensuring that compliance of the products with the requirements of the Specification is verified.

Method of production


Production of the olives:

A provision has been included on the required age of the trees producing the olives with the protected designation of origin at the time of the first harvest. This has been set at five years to make monitoring production easier. The trees’ harvest can be used for production five years after planting. The plantations are inspected and their crop taken into account when calculating the maximum authorised yield.
The maximum percentage of pollinator varieties authorised in plantations is 5 %, but this is difficult to apply to very small groves with fewer than 20 trees. In order for these plantations to be taken into account, the existence of a tree belonging to a pollinator variety is permitted. It is stipulated that the harvest from such olive trees cannot qualify for the designation.
A provision on the size and maintenance of plantations has been added in order to ensure that the olive groves of the Nyons region are kept well-maintained. These provisions prevent any untended plantations by imposing an obligation to perform annual maintenance, manage plant cover and prune the trees at least once every two years. They also limit risks to health with the removal of pruning debris.
Based on the provisions of the initial decree of 10 January 1994 concerning recognition of the registered designation of origin, provisions on planting density have been inserted. These specify a minimum of 24 m2 per tree, and a minimum distance of 4 metres between trees. Also included is the ban on planting perennial catch crops. This has been done with the aim of preserving quality and out of respect for traditional farming practices.
Irrigation: irrigating the olive trees helps guarantee regular yields without undermining the quality of the olives. Late irrigation should be avoided in order to enable the fruit to ripen under good conditions. Irrigation of the olive trees is permitted, with different final irrigation dates depending on the irrigation technique used: until 31 August for sprinkler irrigation, and until 30 September for drip and micro-jet irrigation.
Yield: the initial decree of 10 January 1994 concerning recognition of the registered designation of origin provided for restricting plantation yields to 6 tonnes/hectare, with the possibility of increasing this to 8 tonnes/hectare in exceptional years. Since recognition of the designation of origin, however, olive growers have seen yields increase. This is due to the fact that, as the designation of origin has become more successful, the olive groves are being tended more regularly and the technical follow-up has improved. Many groves have been restored. Also, the lack of any significant frost since 1985 has led to bigger trees producing larger crops. The maximum average farm yield has therefore been increased to 10 tonnes of olives per hectare, which better corresponds to maximum crop sizes in the area. When calculating the yield, all the olives produced are taken into account, irrespective of their intended use.
Harvesting/Date of harvest: the initial decree of 10 January 1994 concerning recognition of the registered designation of origin provided for the date of the start of harvesting to be set annually. The amended application clarifies that this date is set by the competent authorities after the producer group has carried out a ripeness inspection to ensure that the olive crop overall is sufficiently ripe to authorise harvesting.
State of ripeness: the level of ripeness of the olives at time of harvest has been specified. The initial definition of ‘harvest when properly ripe’ has been expressed more precisely as a minimum 70 % black, or nearly black, olives, and a minimum 50 % black olives with 40 % wrinkled olives.
In terms of harvesting methods, these have been specifically defined in order to take into account the development of techniques. In addition to exclusively hand-picking from the tree, tools for shaking branches or trees are authorised. This does not extend to vibrating and oscillating combs, which are banned. Abscission products must not be used. Harvesting olives that have fallen to the ground is prohibited, as this adversely affects the appearance and flavour of the finished product. The amended application also specifies the techniques to be applied where nets are used, so that the quality of the olives is preserved.
Storage method: olive growers wished to specify that, after harvest, olives must be transported in crates of no more than 20 kg. This is to ensure that they retain their characteristics until preservation.

Olive preservation:

With regard to the periods between the harvest and processing of the olives, the initial decree of 10 January 1994 concerning recognition of the registered designation of origin established the time periods between harvest and delivery, and between harvest and treatment. The amendment proposes reducing the delivery time to a maximum of three days, while the processing time is extended to a maximum of four days. This arrangement allows for better organisation of the harvesting/processing season. The maximum period of six days between harvest and processing, established in the 1994 decree, remains unchanged.
A proportion of 10 % per batch has been set for worm-eaten, congealed and/or blemished olives on arrival at the processing unit. This is on the understanding that the olives are sorted before or after treatment in order to reduce this level to a maximum of 2 % of the finished batches.
The three permitted preservation methods have been specified: plain, in brine and dry-salted. There must be no chemical product or preservative. The concentration of brine to be used has been set specifically: 10 % sodium chloride, plus or minus 2 %.
Traditionally, bay leaves were used in the brine and dry-salting methods. The leaves were removed when the olives were offered for sale. This practice has been formally adopted. The practice was originally covered by the 1968 ruling that defined the legal designation of origin ‘Olives noires de Nyons’.
In order to present high-quality batches for sale, it is specified that these must be






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a minimum 60 % wrinkled olives, exclusively in shades ranging from ‘monk’s habit’ to black;










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no more than 10 % of olives may have marks on the skin or flesh, of which a maximum 2 % may be worm-eaten, congealed or blemished.





Labelling

The content of the labelling which relates specifically to the designation has been brought into line with Regulation (EU) No 1151/2012: the European Union PDO symbol is used. Furthermore, the words ‘appellation d’origine protégée’ (‘protected designation of origin’) also form part of the specific labelling requirements for products with the designation.

National requirements

In the light of changes to national legislation and rules, the ‘National requirements’ heading contains a table indicating the main items to be checked, their reference values and the evaluation methods to be used.

Other: updating the ‘References to the inspection body’ heading

The contact details of the competent authorities have been updated, particularly in order to reflect the change in the inspection arrangements.
SINGLE DOCUMENT

COUNCIL REGULATION (EC) No 510/2006


on the protection of geographical indications and designations of origin for agricultural products and foodstuffs
                   (3)



                     ‘OLIVES NOIRES DE NYONS’
                  


EC No: FR-PDO-0317-01200-20.2.2014
                  


PGI ( ) PDO ( X )

1.   Name



                  ‘Olives noires de Nyons’
               

2.   Member State or Third Country

France
3.   Description of the agricultural product or foodstuff

3.1.   Type of product

Class 1.6. Fruit, vegetables and cereals, fresh or processed
3.2.   Description of the product to which the name in (1) applies


                  ‘Olives noires de Nyons’ are olives that are harvested when ripe. Their colour ranges from the characteristic ‘monk’s habit’, i.e. darkish brown, shading to black. They are delicately wrinkled. Medium to large in size, they have a broad base with a deeply set stem and rounded top.
The stone is large to very large in size, oval in shape, broader at the base and with a pronounced beak. The flesh is smooth, moist and scented. It comes away easily from the stone. The aromas are fruity with ripe olive, chocolate, vanilla, undergrowth and/or red fruits. These aromas develop differently depending on the preparation method.
The minimum diameter of the olives is 14 mm.
The olives are treated using one of the following methods:






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plain: the olives are preserved without any additives, except possibly sodium chloride, in a hermetically sealed container;










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brine: the olives are preserved in brine for a minimum period of three months;










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salted: freshly picked olives are pricked and sprinkled with sea-salt.




They are presented with or without their peduncles.
3.3.   Raw materials (for processed products only)

Only ripe fruits of the Tanche variety are used.
3.4.   Feed (for products of animal origin only)

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3.5.   Specific steps in production that must take place in the defined geographical area

Every part of the process, from growing the olives to processing them, must take place within the defined geographical area.
3.6.   Specific rules concerning slicing, grating, packaging, etc.


                  ‘Olives noires de Nyons’ are graded by diameter: olives of 14 to 16 mm in diameter are graded as second class or 2; those of 16 to 18 mm are first class or 1; while ‘extra’ refers to olives of 18 mm and over.
The presence of good-quality olives measuring between 13 and 14 mm is permitted to a maximum limit of 5 % in batches of second class olives.
Batches formed from combining consecutive grades may be presented for sale.
3.7.   Specific rules concerning labelling

Apart from the mandatory information prescribed in the rules on labelling olives, the labelling of ‘Olives noires de Nyons’ must include:






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the denomination ‘Olives noires de Nyons’, and the wording ‘protected designation of origin’ or ‘PDO’. These details must all be in the same field of vision and on the same label;










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the European Union PDO symbol.




They must be in lettering which is clear, legible, indelible and sufficiently large to show up clearly against the background on which they are printed, so that they are clearly distinguishable from all other text and illustrations on the label.
4.   Concise definition of the geographical area

The geographical area is located:






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to the north of Mont Ventoux, in a region known as the ‘Dry Pre-Alps’ (‘Préalpes sèches’);










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to the south of the foothills which back onto the Alps and rise to an altitude of 1 000 to 1 300 metres, protecting the area from the prevailing wind, which is the Mistral;










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to the east of the Rhône Valley.




It comprises the following 53 municipalities of the departments of Drôme and Vaucluse:






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Department of Drôme:
The canton of Nyons in its entirety, except for the municipalities of Chaudebonne, Sainte-Jalle and Valouse;
the municipalities of Beauvoisin, Bénivay-Ollon, Buis-les-Baronnies, Eygaliers, Mérindol-les-Oliviers, Mollans-sur-Ouvèze, Montréal-les-Sources, Le Pègue, La Penne-sur-l’Ouvèze, Pierrelongue, Plaisians, Propiac, La Roche-sur-le-Buis, Rousset-les-Vignes, Sahune, Saint-May, Saint-Pantaléon-les-Vignes, Tulette, Vercoiran and Villeperdrix;










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Department of Vaucluse:
The canton of Vaison-la-Romaine in its entirety; and
the municipalities of Brantes, Entrechaux, Malaucène (section AI), Valréas and Visan.




5.   Link with the geographical area

5.1.   Specificity of the geographical area


Natural factors:

The Nyons and Baronnies plantation that produces ‘Olives noires de Nyons’ is the northernmost plantation in France, located on the 44th northern parallel. Further north, the autumn and winter temperatures do not allow the fruits to ripen properly.
This geographical location represents the limit for a Mediterranean crop as the olives are exposed to the risk of frost. However, its position within a natural basin protects the trees from strong winds, i.e. the Mistral, and from the cold. Nyons is sometimes referred to as ‘Little Nice’ because of the amount of sunshine, 2 500 hours a year, its dry and clear air, and the mildness of its climate.
Mont Ventoux, the ‘Giant of Provence’, separates the production area from the sea and acts as a barrier against the heavy rains from the south. This has led to the area being referred to as the ‘Dry Pre-Alps’ (‘Préalpes sèches’). A range of hills of between 1 000 and 1 300 metres in altitude obstructs the prevailing Mistral wind and reduces its intensity.
The climate is Mediterranean, with low precipitation. The average annual rainfall in the period from 1961 to 1990 was 773 mm. Rain falls mainly in autumn when storms account for one third of all rainfall. Summers are dry and hot. Temperatures in winter are relatively low with a prevailing wind from the north. The average minimum temperature is 6,4 °C, with the cold generally setting in gradually during the winter.

Human factors:

Olives have been produced in the area around Nyons since ancient times. The Phoenicians and Greeks taught the local population living along the banks of the Eygues to cultivate both vines and olive trees.
Over the centuries, numerous references have been made to trade in olives and olive oil in the area. Their production forms an integral part of the landscape and economic life of the region.
The unpredictable aspects of olive production experienced during the 20th century, such as the frosts of 1956, prompted producers to organise and defend their heritage. Notable actions include the ‘Confrerie des Chevaliers de l’Olivier’, established in 1964, and traditional festivals such as the Fête des Olivades, Fête de l’Alicoque and Fête de l’olive piquée.
Their efforts and perseverance led to the recognition of a designation of origin by a ruling from the Court of Valence on 24 April 1968 and recognition of a registered designation of origin by the decree of 10 January 1994.
The local producers have applied technical know-how adapted to the natural conditions. A particular example is their choice of a local variety, which is particularly well-adapted to the area: Tanche.
Tanche is a dual-purpose variety: it can be used both as a table olive and to obtain olive oil. Traditionally, producers kept the largest olives as table olives.
Olives are harvested when fully ripe. They are then processed without preservatives or additives, except salt, using one of the following traditional methods of preparation: plain, in brine or dry-salted.
Preparation in brine involves soaking in a solution of 10 % fine salt for more than three months. The salt permeates the olive by the process of osmosis, and the bitterness dissolves in the salt water.
During the harvest season, dry-salting of olives also takes place. The flesh of the freshly picked olives is pricked and sprinkled with fine salt. This permeates the olive through the perforations. Olives ‘weep’, meaning they shed the water and bitterness contained in their cells. After a few days, the olives are perfectly edible.
Plain olives are put in hermetically sealed containers, without any additives except possibly sodium chloride. A light, slow mellowing process then occurs naturally.
In accordance with local traditions, for the first two methods, bay leaves may be added to the olives during preparation. However, these are not present when the olives are offered for sale.
5.2.   Specificity of the product


                  ‘Olives noires de Nyons’ come from a single, ancient local variety, adapted to local conditions. This is the Tanche variety.
These olives are prepared without preservatives, using olives harvested when ripe. They are typically a brown colour, known as ‘monk’s habit’, which can shade to black, with a wrinkled appearance which must be present in at least 60 % of the fruits.
The flesh is smooth, moist and scented. It comes away easily from the stone. Depending on the method of preparation, the aromas are fruity, with ripe olive, chocolate, vanilla, undergrowth and/or red fruits.
5.3.   Causal link between the geographical area and the quality or characteristics of the product (for PDO) or a specific quality, the reputation or other characteristic of the product (for PGI)

Producers in the regions of Nyons and Les Baronnies have been adapting their olive cultivation to climate conditions for a very long time. This has involved planting a variety which is relatively resistant to mild frosts, and selecting the most resistant examples from this cultivar. Tanche is their variety of choice. It is considered endemic to the Nyons and Les Baronnies areas.
The environmental conditions are perfectly suited to the requirements of the Tanche variety, which is the only one used in the region, apart from a few pollinating trees. Tanche olive trees actually need the winter cold to limit alternate bearing or irregularity of production. They are also wind-sensitive.
The existence of extremely old living specimens of this variety, some aged around 1 000 years, is evidence of its historical antecedence in and adaptability to the area. In addition, the specific requirements of this variety have prevented it from extending its range beyond the geographical area.
This olive variety may be harvested ripe in the geographical area thanks to the particular climate conditions: dry air, sunlight, protection from wind and temperatures that fall gradually.
When ripe, the olives are partially dehydrated from being exposed to the first effects of cold. This causes the appearance of fine wrinkles on the skin, as well as a relatively high oil content. Furthermore, the olives’ natural bitterness is considerably reduced. Indeed it can be removed by natural and ancient practices, without the use of chemical products or preservatives other than sodium chloride, i.e. cooking salt. These practices occur in Nyons using the three traditional methods of preparation that give ‘Olives noires de Nyons’ their organoleptic characteristics.
Specific natural conditions, linked to use of a local variety and the know-how of producers, give the ‘Olives noires de Nyons’ all of their specificity and originality.
This table olive, the first in France to achieve recognition with a registered designation of origin, is used in culinary specialities and found on the finest menus. It is mentioned as part of the national culinary heritage in the inventory of France’s culinary heritage, specifically in the volume on the Rhône-Alpes Region published by the Conseil National des Arts Culinaires in 1995.

Reference to publication of the specification

(Article 5(7) of Regulation (EC) No 510/2006 (4))
https://www.inao.gouv.fr/fichier/CDCOlivesNoiresDeNyons2014.pdf


(1)  
            OJ L 343, 14.12.2012, p. 1.

(2)  
            OJ L 93, 31.3.2006, p. 12. Replaced by Regulation (EU) No 1151/2012.

(3)  Replaced by Regulation (EU) No 1151/2012.

(4)  See footnote 3.