A) of Regulation (EU) No 1151 /2012 of the European Parliament and of the Council on Quality Schemes for Agricultural Products and Foodstuffs (2017/C 383/11

C 383/12 EN Official Journal of the European Union 14.11.2017

OTHER ACTS

EUROPEAN COMMISSION

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 (2017/C 383/11)

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).

APPLICATION FOR APPROVAL OF NON-MINOR AMENDMENTS TO THE PRODUCT SPECIFICATION FOR A PROTECTED DESIGNATION OF ORIGIN OR PROTECTED GEOGRAPHICAL INDICATION Application for approval of amendments in accordance with the first subparagraph of Article 53(2) of Regulation (EU) No 1151/2012 ‘MOULES DE BOUCHOT DE LA BAIE DU MONT-SAINT-MICHEL’ EU No: PDO-FR-0547-AM01 — 5.4.2017 PDO ( X ) PGI ( ) 1. Applicant group and legitimate interest Comité AOP ‘Moules de bouchot de la baie du Mont-Saint-Michel’ Le Port Est 35960 Le Vivier-sur-Mer FRANCE Tel. +33 299163840 Email: [email protected]

The group is composed of concessionaires, operators and packagers of ‘Moules de bouchot de la baie du Mont- Saint-Michel’. It therefore has a legitimate right to propose the amendments.

2. Member State or Third Country France

3. Heading in the product specification affected by the amendment(s) — Product name — Description of product — Geographical area — Proof of origin — Method of production — Link — Labelling — Other: Updating of the contact details, types of operators, inspections.

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

(1) OJ L 343, 14.12.2012, p. 1. 14.11.2017 EN Official Journal of the European Union C 383/13

— 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) Heading ‘Geographical area’ — The sentence ‘All of the production steps of “Moules de bouchot de la baie du Mont-Saint-Michel”, from the farming of the mussels to their packaging, takes place in the geographical area’ has been added.

The purpose of this amendment is to clarify the steps that must take place in the geographical area of the PDO.

— Extension of the geographical area to cadastral sections AM and ZC of the municipality of Dol-de-Bretagne. That part of the municipality meets the demarcation criteria for the area currently registered and forms a seamless whole with the current geographical area. This request to extend the geographical area is justified by the difficulty of building in the municipalities of the geographical area owing to the lack of building land. It is, however, essential to have processing and packaging facilities close to the breeding place, so that the mussels can be processed quickly.

— Addition of the municipality of Hirel to the list of municipalities in the geographical area.

The purpose of this amendment is to correct an error. That municipality is included in the Single Document but was left out of the specification.

Heading ‘Proof of origin’ — As regards the rules on the identification declaration of operators authorised to produce under the designation of origin, the clarifications ‘by registered letter with advice of delivery or delivered personally against a receipt’ and ‘in accordance with a m odel validated by the Director of the National Institute for Origin and Quality (INAO)’ have been deleted.

These procedural aspects concern the inspection plan related to the specification, not the PDO specification itself.

— As regards the identification declarations of the different operators, the registered specification states that the references of the processing and packaging facilities must be indicated ‘by specifying, where appropriate, which ones are used to process mussels of other origin’ . It is proposed to delete the references to mussels of other origin.

The purpose of the declaration is to describe the sustainable means of production available to the operator. However, the way the facilities are used may change over time. Therefore that detail is not needed in the identi fication declaration and might require the declarations to be amended numerous times.

The traceability of mussels with the PDO and mussels ineligible for the PDO is guaranteed in any case.

— The following has been provided for regarding the registers which operators must fill in: ‘There is a storage register that includes, in particular, for each stock and basin, a l ayout plan for the containers or tubs (baskets) with, for each of them, the original lines of bouchots, the date of entry and of exit and the destination of the mussels.’ This paragraph has been amended as follows ‘The storage register specifies, in particular, for each stock and basin:

— the original lines of bouchots,

— the date of entry, and

— the date of exit.’

Several years of experience with this PDO have shown that the current wording of the specification is inappro priate, because the layout plan for the containers and hampers is not feasible for daily use and the destination of the mussels is not known at the time of storage. The destination and traceability are confirmed at the dis patching stage.

— As regards mussels ready for packaging, the provision on the transfer form in the specification has been supple mented by adding ‘the acronym “Moules BMSM PDO” (“Moules BMSM PDO”)’.

It was decided to add this acronym rather than the full name in order to enable rapid reading of the form and improve the traceability of the mussels within the geographical area. The acronym may be used for this pur pose only in order to avoid any ambiguity in the labelling of the products offered for sale. C 383/14 EN Official Journal of the European Union 14.11.2017

— In addition, the paragraph ‘The transfer form is affixed to the container with a band of a c olour different from those used for marketing. It features the abbreviation “PDO” and the references of the undertaking that washed and graded the mussels according to size.’ has been replaced as follows: ‘ The transfer form accompanies the container, on which is affixed a band of a colour different from those used for marketing. The band features the abbreviation “PDO” and a serial number referenced by the group.’

On the band, the references of the undertaking that washed and graded the mussels according to size have been replaced with a serial number referenced by the group, which itself ensures traceability between the num bers on the band and the operators. This amendment allows better monitoring over time.

— As regards the labelling of the sales units, the sentence ‘In addition, all packaging is identified by a marking system approved by the National Institute for Origin and Quality and distributed by the group.’ has been replaced by ‘This labelling is affixed immediately after packaging, in a way that renders it inseparable from the product.’

Considering the diverse types of packaging, the group has opted for labelling that is inseparable from the prod uct, as chosen by the operator, instead of a m arking system. The labelling must contain the mandatory infor mation, which remains unchanged.

— The sentence ‘The trays are identified by the name of the designation of origin inscribed on the container.’ has been replaced by ‘This labelling is affixed immediately after packaging, in a way that renders it inseparable from the product.’

New types of packaging are used nowadays. The requirement concerning the trays may be difficult to fulfil, since it would entail managing stocks of packaging as well as additional costs. The PDO is identified with the help of an inseparable label affixed immediately after packaging, which meets the traceability objective while offering some flexibility in the choice of containers.

The requirement concerning bags ‘identified by the name of the designation of origin pre-printed on the con tainer’ has likewise been removed. Traceability is maintained by affixing a band with a serial number referenced by the group, as for the transport of mussels ready for packaging.

— In addition, drafting amendments have been made to improve readability and clarity. Redundancies with gen eral regulations have likewise been deleted.

Heading ‘Method of production’ — As regards the method for collecting the mussels, it has been added that they are ‘collected in their natural environment’. This practice was an implicit part of the production of mussels with the PDO. This clarification makes the specification consistent with the one for the ‘Moules de Bouchot’ TSG.

— As regards the seeding of the bouchots, the sentences ‘The spat may remain on the frames until not later than 31 October of the year of the repatriation of the larvae’ and ‘All mussels and ropes must be removed from the spat frames by 31 October at the latest.’ have been removed.

Under the specification, only stakes seeded not later than 31 October are considered eligible for the designa tion. Therefore that provision is not relevant to the production of mussels for the PDO. Besides, it is very likely that the ropes left on the frames would be destroyed during autumn and winter storms.

— The phrase ‘a gap of at least 30 cm is left between the ground and the bottom of the ropes or net coils on the stakes.’ has been replaced by ‘a minimum gap is left between the ground and the bottom of the ropes or net coils on the stakes to prevent the mussels from being in contact with the ground.’

The absence of contact with the ground is an essential condition for farming on bouchots. Contact with the ground would affect the taste of the mussels. Moreover, a minimum gap between the ground and the bottom of the ropes is required for using the picker, a t ool for harvesting the mussels, and for ensuring that all mussels are detached from the bouchots. If mussels remained after the harvest, they might serve as sources for the spread of certain mussel parasites. Producers take account of these technical constraints and always follow the minimum gap rule. However, the distance between the bottom of the ropes or the net coils and the ground may vary after seeding owing to the movement of the sand. 14.11.2017 EN Official Journal of the European Union C 383/15

— The reference to national regulations for setting the seeding rate of the bouchots — ‘In accordance with the amended Decree of 22 March 1983 establishing the authorisation scheme for marine fish farms, the rate set for the designation’ — has been removed, since the text in question has been repealed.

— The maximum seeding rate of the bouchots, set in the specification in force according to the sectors where the bouchot stakes have been planted in the bay, has been amended as follows:

The paragraph:

‘— 65 % per line of 100 linear metres in the eastern part of the canal (“bief”) of Vivier-sur-Mer in Cherrueix and the north-western and the north-eastern part of the Hermelles biotherm (“banc”),

— 55 % per line of 100 linear metres in the rest of the defined farming area’,

has been replaced as follows:

‘— 65 % per line of 100 linear metres in the eastern part of the canal (“bief”) of Vivier-sur-Mer in Cherrueix, the north-western part of the Hermelles biotherm (“banc” ) and the 99 southernmost lines of the north- eastern part of the Hermelles biotherm,

— 55 % per line of 100 linear metres in the rest of the farming area.’.

The amendment removes ambiguity, as the definition of these sectors had been included in an incomplete man ner that gave the impression that the 65 % rate was applied to the entire area (where bouchot stakes have been planted) in the north-eastern part of the Hermelles biotherm, whereas that is the case only for the southern most section of that part.

— As regards the length of the stakes, the words ‘of a maximum height of 5,5 metres’ have been deleted.

The length of the stakes had been set when applying to register the PDO, on the basis of the practices observed. However, there is no technical justification for limiting the length of the stakes. Besides, longer stakes have an advantage, since they can be driven deeper into the ground, thus making the bouchots more resistant to sea currents, which might uproot the stakes. The seeding height of the stakes is limited to 3,5 metres, and this has not been changed.

— The words ‘on bouchots’ have been added to the sentence ‘After being farmed on bouchots for more than 24 months, the mussels are no longer eligible for the designation of origin “Moules de bouchot de la baie du Mont Saint-Michel”’.

The clarification has been made for inspection purposes, in order to clearly define the reference period after which the mussels may no longer be marketed under the PDO. The period of breeding on spat frames is not taken into account.

— The qualifier ‘average’ has been added to the phrase ‘An average maximum annual yield of 60 kg of marketed mussels per stake has been set for all of the concessions […]’.

The purpose of this amendment is to clarify the subject of the inspection. The maximum annual yield is checked using the average figure for the concession, not for each stake.

— As regards the harvesting period, the sentence ‘The harvesting period for the mussels has been set to between 15 June and 15 February of the year following the seeding of the bouchots.’ has been replaced with ‘The har vesting period for the mussels has been set to between 15 June of the year following the seeding of the bou chots and the following 15 February.’

This amendment corrects a d rafting error. Indeed, the stakes are seeded in the first year (N) and not later than 31 October. Harvesting starts the following year (N+1), as from 15 June at the earliest, and continues until 15 February of the year after that, i.e. N+2.

Therefore the words ‘of the year following the seeding’ refer to 15 June and not to 15 February as indicated by the version in force.

— The sentence ‘Mussels bred for a m inimum period of 18 months may be harvested between 15 June and 31y Jul of the year following the seeding of the bouchots.’ has been amended as follows: ‘Mussels bred on bouchots for a period of 19,5 to 24 months may be harvested between 15 June and 31 July.’ C 383/16 EN Official Journal of the European Union 14.11.2017

The amended paragraph concerns mussels generally qualified with the words ‘ of two years’ and specifies that they must be harvested at the beginning of the season. The wording in the specification in force is incorrect in that it is not possible for mussels on bouchots seeded in a g iven year (N) to have been cultivated on bouchots for 18 months the following year (N+1), at the beginning of the harvesting season.

The period of cultivation of these mussels has been recalculated on the basis of the possible seeding dates:

— Seeding not later than on 31 October of year N, i.e. a minimum of 19,5 months on 15 June of year N+2;

— Mussels older than 24 months may not be marketed under the PDO.

— The procedure for opening and closing the harvest has been detailed in two separate paragraphs in order to make the procedure easier to understand and apply.

— As regards the possibility of putting the mussels in reserve after harvesting, the registered specification pro vides for putting them in reserve ‘using a s ealed receptacle’. The qualifier ‘sealed’ has been deleted. The receptacle does not need to be sealed when the mussels are placed into basins. Vented containers allow the water to circulate. The mussels cannot leave the receptacles.

The recipients used for mussels put in reserve in concessions at sea are not sealed either but must be placed in a closed facility to prevent the mussels from being carried away by the sea current.

— The sentence ‘The minimum space between the bars in the grids used for sifting the mussels has been set at 12 mm.’ has been replaced with ‘A grid with a minimum spacing of 12 mm is used to sift the mussels.’

This amendment has been made to clarify that sifting is a mandatory operation. As techniques are developing, the reference to ‘bars in the grids’ has been removed so as to allow producers to use all types of sifting equip ment. This amendment only concerns the method; the target value for the grid remains at 12 mm. Besides, the term ‘sifted’, which describes the mussels in the phrase ‘the mussels are stripped from the stakes, washed, sifted and sorted’, has been added to specify that that operation is mandatory.

— As regards the packaging phase, the sentence ‘A maximum of 20 % of the batches of mussels ready to be pack aged must consist of mussels under 4 cm’ has been replaced by ‘A maximum of 20 % by weight of the batches of mussels ready to be packaged may consist of mussels under 4 cm long’ . The word ‘must’ has been replaced by ‘may’, as it is a tolerance range, not an obligation. In order to clarify the inspection method, it has been specified that the proportion of mussels under 4 cm long is expressed in weight.

— The paragraph ‘In exceptional circumstances, the fullness ratio for mussels ready for packaging may be adjusted for a particular harvest by an interministerial order, issued on a proposal from the appropriate national com mittee of the INAO. However, these values may under no circumstances be reduced by more than 5 % of the minimum rate set in point 2 “Description of product”.’

has been replaced as follows:

‘If, under the regulations on quality schemes for agricultural products and foodstuffs, the group applies for a temporary change of the production conditions owing to exceptional circumstances, the flesh-to-shell ratio may not be set at below 114, which constitutes a 5 % reduction, in order to preserve the specificity of the mussels entitled to the designation of origin.’

That paragraph has been updated in light of the entry into force of Regulation (EU) No 1151/2012 and its implementing regulations. The group wishes to keep a minimum value for the flesh-to-shell ratio. After all, it is one of the criteria behind the specificity of the PDO ‘Moules de bouchot de la baie du Mont-Saint-Michel’ and contributes to its reputation. The group considers that, even in exceptional circumstances, it should not be possible to market under the PDO mussels that are unable to attain the index of 114.

— The qualifier ‘final’ has been added to the sentence ‘The final packaging and the marketing of the mussels takes place in containers with a maximum capacity of 15 kg.’ The aim of that amendment is to specify that the maximum capacity of 15 k g does not apply to containers used for transporting in the geographical area mus sels ready to be packed, but only to the final packaging. 14.11.2017 EN Official Journal of the European Union C 383/17

— The sentence ‘Final packaging may take place in bags of 2 to 15 kg or trays of 0,5 to 7 kg.’ has been removed. That phrase presents the types of containers that may be used but does not lay down an obligation.

— In addition, drafting amendments have been made to improve readability and clarity. Redundancies with gen eral regulations and descriptive information irrelevant to the description of the product have been deleted.

Heading ‘Labelling’ — The provision on the reference to the name of the designation has been amended in order to require the same font for the designation as a whole and a size larger than for the other information on the labelling. The group wishes to give more prominence to the name of the designation on the labelling.

— Deletion of the phrase ‘until Community registration, the controlled designation of origin logo must be affixed near the name of the designation, with no text in between’ . The rule in that transitional provision has become superfluous, since ‘Moules de bouchot de la baie du Mont-Saint-Michel’ was registered as a PDO in June 2011.

— As regards the information on each individual pack, addition of ‘the weight of the packaged product; the name of the operator; the references of the packaging centre; the date of packaging; the serial number of the packaging.’

That amendment reiterates the requirements in the section ‘Proof of origin’ and is intended to detail the infor mation that must feature on the labelling.

— The requirement to include the name of the designation of origin has been removed for ‘accompanying documents’.

In line with the amendment of the heading ‘Proof of origin’ whereby the use of the acronym ‘Moules BMSM AOP’ (‘Moules BMSM PDO’) is authorised in the documents accompanying the mussels, the requirement to refer to the name in full has been removed.

— In order to render communication concerning the PDO ‘Moules de bouchot de la baie du Mont-Saint-Michel’ more consistent, it has been added that ‘Communication materials must feature the name of the designation together with the reference “protected designation of origin” or “PDO” and the European Union PDO symbol.’

Heading ‘Other’ — ‘Updating details’: The contact details of the responsible State department and of the group have been updated. The name of the group was changed after the registration of the PDO and it has been updated.

— ‘Types of operators’ : In order to avoid any ambiguity and use the vocabulary of professional mussel breeders, the manner of referring to the different types of operators defined in the section ‘Evidence that the product originates from the defined geographical area’ has been amended: The terms ‘producer’ and ‘dispatch centre’ have been replaced, respectively, by ‘operator’ and ‘packaging centre’.

— ‘Inspection’: The contact details of the inspection body have been replaced by those of the competent inspec tion authority. This amendment aims to prevent amendments being made to the specification in the event that the inspection body changes.

— The table of the main items to be checked has been updated to take into account the amendments set out above.

SINGLE DOCUMENT ‘MOULES DE BOUCHOT DE LA BAIE DU MONT-SAINT-MICHEL’ EU No: PDO-FR-0547-AM01 — 5.4.2017 PDO ( X ) PGI ( ) 1. Name(s) ‘Moules de bouchot de la baie du Mont-Saint-Michel’

2. Member State or Third Country France C 383/18 EN Official Journal of the European Union 14.11.2017

3. Description of the agricultural product or foodstuff 3.1. Type of product Class 1.7. Fresh fish, molluscs and crustaceans and products derived therefrom

3.2. Description of the product to which the name in (1) applies ‘Moules de bouchot de la baie du Mont-Saint-Michel’ are live bouchot mussels primarily from the species Mytilus edulis (less than 5 % are Mytilus galloprovincialis mussels or galloprovincialis-edulis hybrids). They are characterised by a smooth, dark shell that is regular in shape and by yellow to orange flesh free from crabs and grains of sand. The texture of the flesh is smooth and tender and the predominant flavour is sweet.

They have an average length greater than or equal to 4 cm, a carbohydrate content greater than 4 % of the cooked flesh and a minimum flesh-to-shell ratio of 120 on the Lawrence and Scott index.

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 production and processing of ‘Moules de bouchot de la baie du Mont-Saint-Michel’ are carried out in the geo graphical area.

3.5. Specific rules concerning slicing, grating, packaging, etc. of the product the registered name refers to Packaging takes place in the geographical area. The packaging of the mussels is an important operation that may harm the quality, authenticity and, consequently, the reputation of the designation if the above requirements are not met.

The perishable nature of the mussels means that the mussels must be handled swiftly after cultivation and pass through rapid marketing channels. As not more than 18 h ours may elapse after the washing and sifting of the mussels, packaging them in the defined area makes it possible to preserve the qualities and characteristics of the product.

The mussels are dispatched and marketed in packaging with a maximum capacity of 15 kg.

3.6. Specific rules concerning labelling of the product the registered name refers to The following information is indicated on each individual pack:

— the name of the protected designation of origin ‘Moules de bouchot de la baie du Mont-Saint-Michel’, written in identical characters larger than the largest characters that appear on the labelling,

— the words ‘appellation d’origine protégée’ (‘protected designation of origin’),

— the European Union PDO logo immediately before or after the name of the designation, with no text in between,

— the weight of the packaged product,

— the name of the producer,

— the references of the packaging centre,

— the date of packaging, and

— the serial number of the packaging.

4. Concise definition of the geographical area The geographical area extends from the part of the foreshore of the Bay of Mont-Saint-Michel located to the south of the line between the church tower of Carolles and the Pointe de la Chaîne up to the west of the boundary between the departments Ille and Vilaine/Manche, and includes the municipalities of Cancale, Cherrueix, Le Vivier- sur-Mer, Mont-Dol, Hirel, Saint-Benoît-des-Ondes, Saint-Méloir-des-Ondes and Dol-de-Bretagne (cadastral sections AM and ZC only). 14.11.2017 EN Official Journal of the European Union C 383/19

5. Link with the geographical area Specificity of the geographical area The municipalities covered by the designation of origin ‘Moules de bouchots de la baie du Mont-Saint-Michel’ are located on the coast of the Bay of Mont-Saint-Michel in the crook of the Norman-Breton Gulf.

The Bay of Mont-Saint-Michel, characterised by its vast foreshore with a very slight slope and by the largest tidal ranges of any French coast, presents a mosaic of ecosystems (polders, saltwater marshes, mud flats, estuaries, etc.) charac terised by the interaction between terrestrial and marine environments and the transition between land and sea.

The bodies of water that cover this great expanse of shallow water become much warmer from spring and present considerable turbidity due to the presence of fine or fine to medium sands. Once they enter the bay, they move, besides the oscillations due to the range of tides and the wind, very slowly.

The Bay of Mont-Saint-Michel has the further specificity of not having significant endemic mytilidae populations. Mytilus galloprovincialis has only a marginal presence and Mytilus edulis is not able to reproduce.

It is these exceptional natural conditions that led a number of commercial fishermen from Charente to introduce mussel farming on bouchot stakes at the end of the 1950s. These producers, aware of the risks that overproduc tion posed to the area’s environment and to the product, supported strict regulation of the planting of bouchots. Lastly, the mussel farmers put in place a procedure for opening and closing the harvest in light of analytical and organoleptic tests in order to avoid premature harvests when the mussels have not yet reached a sufficient size.

Specificity of the product The ‘Moule de bouchot de la baie du Mont-Saint-Michel’ is a mussel of the species Mytilus edulis bred on bouchots and clearly distinguished from mussels from the same species and the same farming method from other basins, primarily by the very full shell, the high carbohydrate content, the yellow to orange flesh, its tender and smooth texture and its predominantly sweet taste.

Due to their characteristics, the ‘Moule de bouchot de la baie du Mont-Saint-Michel’ are a market benchmark, espe cially through their sales price, which is higher than that of products from other production centres.

Causal link In the 1950s, mussel farmers from the Bay of Aiguillon in search of new sites for mussel farming on bouchots found in the Bay of Mont-Saint-Michel particularly favourable conditions due to the very slight and regular slope of its foreshore and the traditional land and sea access routes.

The bathymetric conditions allow mussels to benefit considerably from the advantages of farming on bouchots. They also result in the thermal characteristics and turbidity of the bodies of water that favour an abundance of nutritional resources — no additional feed is provided for the mussels. Moreover, the very long residence times of the bodies of water at the bottom of the bay allows successive generations of phytoplankton to stay in contact over a sustained period with the mussels and thereby provide them with an abundance of nutrition.

Other abundant nutritional resources come from the different ecosystems of the bay and contribute to the very well-filled shells and to the specific organoleptic characteristics of the ‘Moule de bouchot de la baie du Mont-Saint- Michel’ . Among these different resources, the micro-algae present on the surface of the mud flats of the foreshore play an important role — it has been observed that 96 % of siliceous skeletons found in the stomach contents of ‘Moule de bouchot de la baie du Mont-Saint-Michel’ belong to four species of diatoms that colonise these sediments.

Furthermore, the characteristics of the bodies of water, by preventing the presence of Mytilus galloprovincialis and the reproduction of Mytilus edulis, protect mussels in the bay from any spatial and nutritional competition and allow them to develop rapidly.

Lastly, thanks to the different measures taken by professionals to control the resource and preserve the environ ment, this resource can be used by the ‘Moule de bouchot de la baie du Mont-Saint-Michel’. C 383/20 EN Official Journal of the European Union 14.11.2017

Thus, the geographical environment of the Bay of Mont-Saint-Michel allows, by virtue of its natural components, judiciously exploited by professionals since production began, to confer special characteristics on the mussels of the species Mytilus edulis bred on bouchots.

Reference to publication of the specification (the second subparagraph of Article 6(1) of this Regulation)

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