CELEX: 32019D1223(02)
Language: en
Date: 2019-12-16 00:00:00
Title: Commission Implementing Decision of 16 December 2019 on the publication in the Official Journal of the European Union of the application for approval of an amendment, which is not minor, to a product specification referred to in Article 53 of Regulation (EU) No 1151/2012 of the European Parliament and of the Council for the name Rheinisches Apfelkraut (PGI)2019/C 431/12

23.12.2019   
               
               
                  EN
               
               
                  Official Journal of the European Union
               
               
                  C 431/13
               
            
         COMMISSION IMPLEMENTING DECISION
         of 16 December 2019
         on the publication in the Official Journal of the European Union of the application for approval of an amendment, which is not minor, to a product specification referred to in Article 53 of Regulation (EU) No 1151/2012 of the European Parliament and of the Council for the name ‘Rheinisches Apfelkraut’ (PGI)
         (2019/C 431/12)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs (1), and in particular Article 50(2)(a) in conjunction with Article 53(2) thereof,
         Whereas:
         
                     (1)
                  
                  
                     Germany has sent an application for approval of an amendment, which is not minor, to the product specification of ‘Rheinisches Apfelkraut’ (PGI) in accordance with Article 49(4) of Regulation (EU) No 1151/2012.
                  
               
                     (2)
                  
                  
                     In accordance with Article 50 of Regulation (EU) No 1151/2012 the Commission has examined that application and concluded that it fulfils the conditions laid down in that Regulation.
                  
               
                     (3)
                  
                  
                     In order to allow for the submission of notices of opposition in accordance with Article 51 of Regulation (EU) No 1151/2012, the application for approval of an amendment, which is not minor, to the product specification, as referred to in the first subparagraph of Article 10(1) of Commission Implementing Regulation (EU) No 668/2014 (2), including the amended single document and the reference to the publication of the relevant product specification, for the registered name ‘Rheinisches Apfelkraut’ (PGI) should be published in the Official Journal of the European Union,
                  
               HAS DECIDED AS FOLLOWS:
         
            Sole Article
            The application for approval of an amendment, which is not minor, to the product specification, referred to in the first subparagraph of Article 10(1) of Implementing Regulation (EU) No 668/2014, including the amended single document and the reference to the publication of the relevant product specification, for the registered name ‘Rheinisches Apfelkraut’ (PGI) is contained in the Annex to this Decision.
            In accordance with Article 51 of Regulation (EU) No 1151/2012, the publication of this Decision shall confer the right to oppose to the amendment referred to in the first paragraph of this Article within three months from the date of publication of this Decision in the Official Journal of the European Union.
         
         
            Done at Brussels, 16 December 2019.
            
               
                  For the Commission
               
               Janusz WOJCIECHOWSKI
               
                  Member of the Commission
               
            
         
         
            (1)  OJ L 343, 14.12.2012, p. 1.
         
            (2)  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).
      
      
         
            ANNEX
            APPLICATION FOR APPROVAL OF AN AMENDMENT TO THE PRODUCT SPECIFICATION OF PROTECTED DESIGNATIONS OF ORIGIN/PROTECTED GEOGRAPHICAL INDICATIONS WHICH IS NOT MINOR
            
               Application for approval of an amendment in accordance with the first subparagraph of Article 53(2), of Regulation (EU) No 1151/2012
            
            
               ‘RHEINISCHES APFELKRAUT’
            
            
               EU No: PGI-DE-0716-AM01 — 15.2.2018
            
            
               PDO ( ) PGI (X)
            
            1.   Applicant group and legitimate interest
            
            
               Applicant group
            
            
                        Name of association:
                     
                     
                        Schutzgemeinschaft Rheinischer Zuckerrübensirup/Rheinisches Apfelkraut
                     
                  
                        Type of association:
                     
                     
                        More than one person
                     
                  
                        Participants:
                     
                     
                        Producers
                     
                  
                        Address:
                     
                     
                        Wormersdorfer Straße 22-26
                        53340 Meckenheim
                     
                  
                        Country:
                     
                     
                        Germany
                     
                  
                        Telephone:
                     
                     
                        0049 222591900
                     
                  
                        Email address(es):
                     
                     
                        info@sg-zuckerruebensirup-apfelkraut.de
                     
                  
               Legitimate interest
            
            The applicant is the same as the applicant in the registration procedure.
            2.   Member state or Third Country
            
            Germany
            3.   Amendment(s) affect(s) the following heading(s) in the product specification
            
            ☐ Product Name
            ☒ Description of product
            ☐ Geographical zone
            ☐ Proof of origin
            ☒ Method of production
            ☒ Link
            ☐ Labelling
            ☐ Other
            4.   Type of amendment(s)
            
            ☐ Amendments to the product specification of a registered PDO or PGI not to be qualified as minor within the meaning of the third subparagraph of Article 53(2) of Regulation (EU) No 1151/2012
            ☒ Amendments to the product specification of a registered PDO or PGI for which a Single Document (or equivalent) has not been published and which cannot be qualified as minor within the meaning of the third subparagraph of Article 53(2) of Regulation (EU) No 1151/2012
            5.   Amendment(s)
            
            
               Description of product
            
            
                     
                        (1)
                     
                     
                        At present, the product specification indicates the final sugar content specified according to individual sugar types (sucrose 9 %, glucose 21 %, fructose 28 %). This information should be deleted.
                        It has become clear that this guideline, which was first set in the specification/single document in the procedure before the European Commission, is not useful. It is known that in its proposals for improvements, the Commission often suggests that the specification should include parameters that are as quantifiable as possible. Unfortunately, in certain cases this has resulted in protection associations taking measurements and recording the results in the specification. However, because the measurements had to be made ad hoc, they could not have been representative. In natural products such as apples and pears, the sugar content varies greatly depending on weather conditions. This is one reason why it is not possible to reasonably indicate proportions of sucrose, glucose and fructose. Of course the product largely consists of sugar. The proportion of types of sugar, however, cannot be usefully defined. Therefore this guideline must be deleted.
                     
                  
                     
                        (2)
                     
                     
                        The guideline for degrees Brix currently states ‘65 to 68’. It ought to state ‘at least 65 degrees Brix’.
                        It has become apparent that in years with weather that is particularly conducive to the development of sugar in the fruits, 68 degrees Brix can be exceeded — which actually results in a product with higher quality. Therefore, establishing an upper threshold is not reasonable.
                     
                  
                     
                        (3)
                     
                     
                        The current indication of water content (35 % ± 3 %) should be deleted.
                        This amendment assumes that the Brix content is changed. The Brix content has a significant effect on a number of characteristics, including how much water the product can contain. The higher the Brix content (sugar), the lower the water content automatically becomes.
                        Therefore the water content is actually meaningless for the product. The important factor is the Brix content. For this reason it is better to completely delete the water content. The water content currently indicated in the specification is not correct, because the change to the Brix content (no longer ‘from x % to y %’ but rather ‘at least x %’) would make it necessary to indicate the water content as ’no more than x %’. However, because the water content is controlled by the Brix content and has no independent effect on the quality, it ought to be deleted.
                     
                  
               Method of production
            
            
                     
                        (1)
                     
                     
                        In the second paragraph the phrase ‘Even if production is in spring ...’ is replaced by the phrase ‘If production is outside this period ...’.
                        This is because now fruit from cold storage can also be processed into ‘Apfelkraut’ even at times other than spring. The specification must be corrected to take this technological advancement into account.
                     
                  
                     
                        (2)
                     
                     
                        In the penultimate paragraph the phrase ‘, and possibly an acidifier,’ is added after the words ‘... sugar and pectin’.
                        It is now permissible to add an acidifier. This is because, depending on how unsuccessful the harvest is, the fruits’ own acid content is so small that the desired gelling cannot be achieved without adding an acidifier.
                        Any pectin added to cause a sandwich spread to gel requires a certain pH value. In the experience of the producer, the optimum consistency requires a pH value of 3,5 ±0,05 during processing. The pH value is affected by the semi-finished apple product (the apples), the semi-finished pear product (the pears) and the pectin solution. Because in order to achieve optimum results the tolerance for variations in the pH value is very small, those variations must be countered through the use of an acidifier where necessary. Only minuscule amounts are used, if at all, so there is no chance of them affecting the taste; in fact, it is in the interests of the producer to make sure the taste is not affected.
                     
                  
               Link
            
            In the final paragraph under point 2 (Special characteristics of the product), the phrase ‘Even if production is in spring’ is replaced by the phrase ‘If production is outside this period’.
            This is adjusted to match the change in the description.
            SINGLE DOCUMENT
            
               ‘RHEINISCHES APFELKRAUT’
            
            
               EU No: PGI-DE-0716-AM01 — 15.2.2018
            
            
               PDO () PGI (X)
            
            1.   Name(s)
            
            ‘Rheinisches Apfelkraut’
            2.   Member State or Third Country
            
            Germany
            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 under point 1 applies
            
            ‘Rheinisches Apfelkraut’ is a syrup from freshly harvested, concentrated apples and pears. Production uses only whole apples and pears. Only healthy, fully ripe apples and pears are used for processing. If production takes place in the harvest period, that is from late summer until mid-November, fresh fruit is used. If production is outside this period, only whole fruit is used, no semi-finished products. The fruit is then taken exclusively from cold stores. At least 2,7 kg of raw materials (fruit), including at least 2,1 kg of apples, are used to make 1 kg of the finished product. Unlike jam, ‘Rheinisches Apfelkraut’ is made only from fruit juice and does not contain other vegetable elements. On receipt, the fruit is inspected visually for hygiene, rot and pest infestation.
            It is washed in a water bath before being processed. Then the whole apples and pears are boiled gently at normal pressure, the mash is squeezed and the juice is filtered.
            The clear juice is sent on to the evaporation unit where the water is gently removed from it in a vacuum. The dry matter content of the semi-finished product is at least 58-62 °Brix. After this production stage, and storage of the interim product in large tanks at a maximum of 10 °C, sugar and pectin, and possibly an acidifier, may be added if necessary, depending on the producer’s own traditional recipe.
            The final check involves measuring the dry matter content. The product can be put in containers directly while hot and placed on sale.
            Sugar may be added up to a maximum of 400 g of sugars per 1 000 g of the finished product. ‘Apfelkraut’ may also be made purely from apples without any added sugar.
            Appearance: dark-brown, jelly-like
            Taste: sweet-acidic taste of apples
            Odour: sweet
            Degrees Brix (finished product): at least 65 degrees Brix
            pH: from 3,1 to 3,7
            3.3.   Feed (for products of animal origin only) and raw materials (for processed products only)
            
            —
            3.4.   Specific steps in production that must take place in the defined geographical area
            
            The entire production process takes place in the defined geographical area, using only whole, healthy fully-ripe apples and pears, either fresh or from cold stores.
            3.5.   Specific rules concerning slicing, grating, packaging, etc. of the product the registered name refers to
            
            —
            3.6.   Specific rules concerning labelling of the product the registered name refers to
            
            —
            4.   Concise definition of the geographical area
            
            Rhineland. In the State of North Rhine-Westphalia this includes the Governmental Districts of Cologne and the following districts in the Governmental District of Düsseldorf: Mettmann, Düsseldorf City, Rhine-District of Neuss, Mönchengladbach City, Viersen, Krefeld City, Cleves District and Wesel district. In the State of Rhineland-Palatinate, it includes the rural districts of Ahrweiler and Mayen-Koblenz.
            5.   Link with the geographical area
            
            ‘Rheinisches Apfelkraut’ is a traditional Rhineland product. Growing conditions for fruit trees are ideal in the Rhineland. Over the centuries, a strong fruit-growing area has developed here. There is still a high proportion of orchard meadows and a large number of apple varieties. The climatic conditions favour the cultivation of varieties that have the right ratio of acids and natural pectins for producing an optimally spreadable product.
            ‘Apfelkraut’ has traditionally always been made here to preserve windfalls. In centuries past, practically every farm used the sweet and tasty ‘Apfelkraut’ which it had produced as a means of sweetening food during the winter period. The traditional production method, i.e. the gentle boiling process at normal pressure and in particular the knowledge of the right mixture of the countless apple varieties to reach the right ratio of pectin to acid, has been passed down from generation to generation. The special climate and other natural features of the Rhineland make it particularly conducive to producing ‘Apfelkraut’. These special advantages and the product’s heritage mean that the local population have become particularly experienced at making the product. It is used chiefly as a sweet spread, as an ingredient in baking or cooking (e.g. for the typical marinated beef dish ‘Rheinischer Sauerbraten’) and as an accompaniment to ‘Rievkooche’ (traditional potato cakes also typical for the Rhineland).
            Nowadays, ‘Rheinisches Apfelkraut’ is still made according to the traditional production method, namely the careful selection of the ratios of the countless apple varieties and the gentle boiling at normal pressure, which has been handed down from generation to generation. The same recipes that our ancestors tried and tested are still being used today. This guarantees the excellent quality of the product; that is, the balanced taste and the optimal spreadability of the product.
            The centuries-old fruit-growing area and the production method which has been in use for generations mean that the ‘Apfelkraut’ produced in the Rhineland has a particularly good reputation. It is especially famous in the Rhineland, but is also well-known beyond its borders. This is confirmed by comments from specialist bodies, mentions on menus, in recipes and in products offered for sale on the internet. The product has a fixed place in the Rhineland’s cuisine, both as a spread for bread and as an ingredient in cooking and baking. There is a long tradition of using ‘Rheinisches Apfelkraut’ and it is still strongly anchored in the minds of consumers and in catering. For example, it is listed as an ingredient in ‘Rheinischer Sauerbraten’.
            Production uses only whole apples and pears. Only healthy, fully ripe apples and pears are used for processing. If production takes place in the harvest period, that is from late summer until mid-November, fresh fruit is used. If production is outside this period, only whole fruit is used, no semi-finished products. The fruit is then taken exclusively from cold stores.
            The special link between the product and the area in which it is produced is the reputation enjoyed by ‘Rheinisches Apfelkraut’. The centuries-old fruit-growing area and the production method which has been in use for generations mean that the ‘Apfelkraut’ produced in the Rhineland has a particularly good reputation. It is especially famous in the Rhineland, but is also well-known beyond its borders.
            
               Reference to publication of the specification
            
            (the second subparagraph of Article 6(1) of this Regulation)
            https://register.dpma.de/DPMAregister/blattdownload/marken/2018/3/Teil-7/20180119