L 71/6
EN
Official Journal of the European Union
9.3.2023
(14)
Moreover, the similarity in the level of acidity does not have a capacity to create confusion between ‘Aceto Balsamico di Modena’ PGI and ‘Aceto Balsamico Tradizionale di Modena’ PDO or lead to the evocation of the latter.
Even if products under both designations share certain characteristics, like the level of acidity, they are made of different raw materials and follow different production method and thus remain distinct.
(15)
Finally, ‘Aceto Balsamico di Modena’ PGI is not defined as a wine vinegar and thus not subject to the rules applicable to wine vinegars, in particular with regard to the minimum acidity.
(16)
With respect to the oppositions concerning the extension of the size range of the bottles, the amendment cannot be considered as imposing any limitations on the operators involved in packaging of ‘Aceto Balsamico di Modena’.
On the contrary, allowing additional capacities of containers such as 0,100 l, 0,150 l, 0,200 l or 1,5 l can be considered as liberalising the conditions for bottling.
A possible effect of an increased competition that might result from the marketing of ‘Aceto Balsamico di Modena’ in a wider range of bottle sizes would be in line with the founding principles of the EU competition policy and should not be considered as detrimental to the reputation of the ‘Aceto Balsamico di Modena’ PGI.
(17)
The aim of the characteristics of the containers with a capacity of less than 0,250 litres included in section 3.5 of the single document is to ensure a minimum standard of uniformity among the bottles, in which the product will be sold.
This packaging rule is not included in the description of the product, nor is elaborated with regard to the product specificity under the section of the single document devoted to the link and thus it cannot be considered as an essential feature of the presentation of the product.
As these requirements are set only for new containers with a capacity of less than 0,250 litres, which were not allowed before the present amendment, the contested change will not negatively impact investments in containers already made by the bottlers of ‘Aceto Balsamico di Modena’ and consequently, it will not result in their economic loss.
(18)
Information regarding the control body has not been provided directly in the single document, as it is not required there in line with Annex I to Commission Implementing Regulation (EU) No 668/2014 (5).
However, this information has been included in the product specification, as stipulated in Article 7(1)(g) of Regulation (EU) No 1151/2012.
(19)
With reference to the opponents’ objections to the required compliance with the isotopic ratio parameters, such parameters have been introduced to better detect possible adulteration of the wine vinegar and improve the control system for ‘Aceto Balsamico di Modena’.
The verification of the isotopic ratio is in any event carried out at the production stage and thus affecting only producers of ‘Aceto Balsamico di Modena’.
(20)
Accordingly, the amendments to the product specification published in the Official Journal of the European Union regarding the name ‘Aceto Balsamico di Modena’ (PGI) should be approved.
(21)
The measures provided for in this Regulation are in accordance with the opinion of the Agricultural Product Quality Policy Committee,
HAS ADOPTED THIS REGULATION:
Article 1 The amendments to the product specification published in the Official Journal of the European Union regarding the name ‘Aceto Balsamico di Modena’ (PGI) are hereby approved.
(5) Commission Implementing Regulation (EU) No 668/2014 of 13 June 2014 laying down rules for the application of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs (OJ L 179, 19.6.2014, p. 36).