Publication of an Application for Approval of an Amendment, Which Is Not Minor, to a Product Specification Pursuant to Article 5
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30.9.2019 EN Official Journal of the European Union C 325/15 Publication of an application for approval of an amendment, which is not minor, to a product specification 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 (2019/C 325/08) This publication confers the right to oppose the amendment application pursuant to Article 51 of Regulation (EU) No 1151/2012 of the European Parliament and of the Council (1) within three months from the date of this publication. 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 ‘PASTA DI GRAGNANO’ EU No: PGI-IT-00870-AM01 — 25.10.2018 PDO ( ) PGI ( X ) 1. Applicant group and legitimate interest Consorzio di Tutela della Pasta di Gragnano Via Vittorio Veneto, 20 80054 Gragnano (NA) ITALIA Telephone: +39 0810108908 Email: [email protected] The Consorzio di Tutela della Pasta di Gragnano IGP is entitled to submit an amendment application in accordance with Article 13(1) of Decree No 12511 of the Ministry of Agricultural, Food and Forestry Policy of 14 October 2013. 2. Member State or Third Country Italy 3. Heading in the product specification affected by the amendment(s) — Name of product — Description of product — Geographical area — Proof of origin — Method of production — Link — Labelling — Other [Inspections] 4. Type of amendment(s) — Amendment to product specification of a registered PDO or PGI not to be qualified as minor in accordance with the third subparagraph of Article 53(2) of Regulation (EU) No 1151/2012. — Amendment to product specification of a registered PDO or PGI for which a Single Document (or equiva lent) has not been published not to be qualified as minor in accordance with the third subparagraph of Article 53(2) of Regulation (EU) No 1151/2012. (1) OJ L 343, 14.12.2012, p. 1. C 325/16 EN Official Journal of the European Union 30.9.2019 5. Amendment(s) Description of product Point 2.2 of Article 2 of the specification and corresponding point 3.2 of the single document: ‘2.2 Chemical characteristics: — moisture: not exceeding 12,5 % of the finished product; — minimum nutritional value for 100 g of the product when dry: energy value 1 486 KJ 350 Kcal protein 13 g carbohydrates 73 g fats 1 g ash max. 0,86 %’ is amended as follows: ‘2.2 Chemical characteristics: — moisture: not exceeding 12,5 % of the finished product; — protein minimum 13 % of dry matter — ash max. 0,86 % of dry matter’ The amendment removes the references to nutritional values not directly linked to the qualitative characteristics of Pasta di Gragnano. The information regarding the ‘energy value’, carbohydrates and fat content will in any case be available to consumers as they will feature in the Nutrition table required by Regulation (EU) No 1169/2011. The parameters referring to moisture, protein and ash content, as the main chemical characteristics of Pasta di Gragnano , are thus being maintained. In order to allow more accurate measurements, it is also specified that the percentage protein and ash content is based on the dry matter. Method of production The following sentence in Article 5 of the specification and corresponding point 3.3 of the single document: ‘The durum wheat semolina used to produce the “Pasta di Gragnano” PGI must have the following characteristics: — moisture: not exceeding 15 % of the finished product; — minimum nutritional value for 100 g of the product when dry: energy value 1 486 KJ 350 Kcal protein 13 g carbohydrates 73 g fats 1 g ash max. 0,86 %’ is amended as follows: ‘The durum wheat semolina used to produce the “Pasta di Gragnano” PGI must have the following characteristics: — moisture: not exceeding 15 % of the finished product; — protein min. 13 % of dry matter — ash max 0,86 % of dry matter’ 30.9.2019 EN Official Journal of the European Union C 325/17 As already explained for the amendment to Article 2, the amendment aims to remove parameters that are not characteristic of the quality of Pasta di Gragnano. The key properties of durum wheat semolina (the main ingredi ent of Pasta di Gragnano) are therefore being maintained and it is specified that the protein and ash content is based on the dry matter. In recent years the production process has demonstrated the difficulty involved in defining minimum values for the nutritional elements which are combined in foodstuffs. Indeed, in the case of the nutrition table for pasta, an increase in the protein content leads to a d ecrease in the carbohydrate content. For the purposes of describing the qualitative characteristics of durum wheat pasta, only the minimum protein content need be indicated. The following sentence in Article 5 of the product specification: ‘DRYING: the drying stage varies depending on the pasta shape but in any case the temperature ranges between 40 and 80 °C and the time ranges between 6 and 60 hours.’ is amended as follows: ‘DRYING: the drying stage varies depending on the pasta shape but in any case the temperature ranges between 40 and 85 °C and the time ranges between 4 and 60 hours.’ The maximum temperature has been raised from ‘80 °C’ to ‘85 °C’ and the minimum drying time has been lowered from ‘6 hours’ to ‘4 hours’ based on experience gained in the production process, as there was evidence of prob lems in adhering to the maximum drying temperature of 80 °C and the minimum 6-hour duration of the drying stage, particularly after certain new pasta shapes with specific dimensions and shapes were introduced. While these amendments comply with the traditional production method and will not have any impact on the characteristics of the end product, they will be a b etter reflection of the reality of the production process for the ‘Pasta di Gragnano’ PGI. Labelling The following sentence in Article 8 of the specification and corresponding point 3.6 of the single document: ‘ The various forms of packaging used for “Pasta di Gragnano” are as follows: cardboard boxes, transparent bags or packaging made from plant-based or other recyclable materials and permitted by EU rules. The packages weigh either 125 g, 250 g, 500 g, 1 kg or 2 kg.’ is amended as follows: ‘The various forms of packaging used for “Pasta di Gragnano” are as follows: cardboard boxes, transparent bags or packaging made from plant-based or other food-grade material permitted by EU rules. The packages have a mini mum weight of 100 g (3,5274 oz) to 5 000 g (176,3698 oz) and their weight may be expressed in units of mea surement other than those that are used in the EU.’ The amendment has replaced the term ‘recyclable’ with the expression ‘food-grade … permitted by EU rules’. This makes the packaging rules in the specification clearer by defining a more suitable regulatory framework. The explicit definition of the package weights (125 g, 250 g, 500 g, 1 kg or 2 kg) has also been removed and replaced with a minimum weight of 100 g and a maximum weight of 5 000 g. This enables the weight to be indicated using units of measurement other than those used in the EU. In line with the deregulation of nominal quantities for pre-packaged food products, this amendment will enable operators to decide on package weight based on market demand. The increase in the maximum weight will also increase the update of the PGI in the hotel, restaurant and catering sector (HORECA). The possibility of the weight being indicated in units of measurement other than those that are used in the EU will also facilitate exports of the product (e.g. ounces in the US) and increase uptake in the hotel, restaurant and cater ing sector (HORECA). The following sentence in Article 8 of the specification and corresponding point 3.6 of the single document: ‘The labels affixed to packaging must bear, in clear and legible print of the same size, the following indications: a) “Pasta di Gragnano” and “Indicazione Geografica Protetta” (“Protected Geographical Indication”) or the acronym “IGP” (“PGI”); C 325/18 EN Official Journal of the European Union 30.9.2019 b) the name, company name and address of the packager or producer;’ is amended as follows: ‘The labels affixed to packaging must bear, in clear and legible print of the same size, the following indications: a) “Pasta di Gragnano” and “Indicazione Geografica Protetta” (“Protected Geographical Indication”) or the acronym “IGP” (“PGI”); b) the address of the producer;’ The words ‘the name, company name and’ have been removed to make it mandatory to indicate the producer, which is not always the same as the operator marketing the product. The following sentence in Article 8 of the product specification: ‘The use of wordings referring to companies, names, business names and private brands which are not laudatory in nature and are not likely to mislead the consumer are permitted.’ is amended as follows: ‘It is not permitted to add words of laudatory purport to the Protected Geographical Indication so as not to mis lead consumers.’ It should be clarified that to use words of laudatory purport alongside the designation would be contrary to Article 7 of Regulation (EU) No 1169/2011 on fair information practices, as it could suggest that a certain PGI pasta possessed special characteristics when in fact all pasta products covered by the Gragnano PGI possess such characteristics.