委员会实施条例(EU) No 1050/2011,在受保护的原产地名称和受保护的地理标志的登记中输入的一个名字(Darjeeling (PGI))
技术法规类型:欧盟Eurlex法规 来源:tbtmap
EURLEX ID:32011R1050
OJ编号:OJ L 276, 21.10.2011, p. 5-12
中文标题:委员会实施条例(EU) No 1050/2011,在受保护的原产地名称和受保护的地理标志的登记中输入的一个名字(Darjeeling (PGI))
原文标题:Commission Implementing Regulation (EU) No 1050/2011 of 20 October 2011 entering a name in the register of protected designations of origin and protected geographical indications (Darjeeling (PGI))
分类:15.20.20_消费者信息、教育与表现
文件类型:二级立法 Regulation|条例
生效日期:2011-11-10
废止日期:2058-12-31
法规全文:查看欧盟官方文件
21.10.2011 Official
Journal
of
the
European
Union
L
276/5
COMMISSION IMPLEMENTING REGULATION (EU) No 1050/2011
of 20 October 2011
entering a name in the register of protected designations of origin and protected geographical
indications (Darjeeling (PGI))
THE EUROPEAN COMMISSION,
packaging intended for the final consumer, may take
place within or outside the geographical area.
Having regard to the Treaty on the Functioning of the European
Union,
(5) The
objectors
further
alleged
failure
of
compliance
with
Article 2 of Regulation (EC) No 510/2006.
Having regard to Council Regulation (EC) No 510/2006 of
(6) Concerning
the
alleged
absence
of
a
link
between
the
20 March 2006 on the protection of geographical indications
reputation and renown of the product and the area of
and designations of origin for agricultural products and
production, it has been found that the product specifi
foodstuffs ( 1 ), and in particular the third subparagraph of
cation shows that the product is specific, and that the
Article 7(5) thereof,
savoir-faire and acquired skills employed by producers as
well as the pedo-climatic features and geographical
environment of the geographical area (natural drainage
Whereas:
of the soils, complex combination of very high rainfall
and continuous low temperature) significantly affect the
product’s characteristics which constitute the core of its
(1) Pursuant
to
Article
6(2)
of
Regulation
(EC)
No
510/2006,
reputation.
an application from India received on 12 November
2007 to register the name ‘Darjeeling’ as a protected
geographical indication was published in the Official
(7)
As for the objection regarding the alleged irrelevance of
Journal of the European Union ( 2 ).
the analysis data cited in the Single Document, this data
does not have an impact on the link which is based on
reputation but merely serves to describe the product as
such. Yet, to reveal the source of the analysis is not
(2) Germany,
France,
Italy,
Austria,
the
United
Kingdom
and
required by Regulation (EC) No 510/2006.
a citizen of India lodged objections to such registration
under Article 7(1) of Regulation (EC) No 510/2006. The
objections were deemed admissible under points (a), (c),
and (d) of the first subparagraph of Article 7(3) thereof.
(8) The
name
‘Darjeeling’
should
only
be
used
as
a
sales
By letter dated 11 June 2010, the Commission asked the
designation for tea that is wholly produced in the
Parties concerned to seek agreement among them.
geographical area in accordance with the specification,
although blending of such tea may take place within or
outside the geographical area. Blends of Darjeeling and
other teas should not bear the name ‘Darjeeling’ as the
(3) An
agreement
was
reached
between
France
and
India,
sales designation and should otherwise be labelled in
which resulted in introducing clarifications to the
conformity with the Union’s rules on labelling in
Single Document to the effect that only bulk packaging
particular to avoid that consumers are misled to a
is required to take place in the geographical area and that
material degree.
consumer packaging may take place within or outside
the geographical area. Consequently, it should be made
clear in relation to labelling that the obligatory presence
(9) The
statements
of
objection
showed
that
the
name
of a licence number and a specified logo is only required
‘Darjeeling’ is used to designate certain products that
in respect of products in bulk shipped from the
are not in conformity with the specification, but which
geographical area.
are comparable to such products. The continued use of
the name on these products is found to jeopardise the
existence of the name ‘Darjeeling’. Therefore the
(4) Agreement
was
only
partially
reached
between
Germany,
producers of such products should be granted a transi
Italy, Austria, the United Kingdom and the citizen of
tional period of 5 years to use the said name, pursuant to
India on the one hand, and India on the other hand,
Article 13(3) of Regulation (EC) No 510/2006, in so far
within the designated timeframe. Following the
as these products have been legally marketed for at least
agreement the botanical name ‘Camellia sinensis M
5 years prior to 14 October 2009, and provided that the
Kuntz’, should be correctly referred to as ‘Camellia
Union’s legal order, in particular with respect to Directive
sinensis L.O. Kuntze’, and bulk packaging of ‘Darjeeling’
2000/13/EC of the European Parliament and of the
tea should be restricted to the geographical area. Any
Council of 20 March 2000 on the approximation of
other kind of packaging or repackaging, including
the laws of the Member States relating to the labelling,
presentation and advertising of foodstuffs ( 3 ), is respected.
( 1 ) OJ L 93, 31.3.2006, p. 12.
( 2 ) OJ C 246, 14.10.2009, p. 12.
( 3 ) OJ L 109, 6.5.2000, p. 29.
L 276/6
EN
Official Journal of the European Union
21.10.2011
(10) Concerning the alleged generic character of the name
Article 2
proposed for registration, no proof of generic status
has been established.
Registration is subject to a 5-year transitional period during
which names including ‘Darjeeling’ may be used on products
produced not in conformity with the specification, in so far as
(11) In the light of the above, the name ‘Darjeeling’ should be
these products have been legally marketed for at least 5 years
entered in the Register of protected designations of origin
prior to 14 October 2009, and provided that the Union’s legal
and protected geographical indications and the Single
order, in particular with respect to misleading of consumers to a
Document should be updated accordingly and published.
material degree pursuant to Article 2 of Directive 2000/13/EC,
is respected.
(12) The
measures
provided
for
in
this
Regulation
are
in
accordance with the opinion of the Standing
Committee on Protected Geographical Indications and
Article 3
Protected Designations of Origin,
The updated Single Document is contained in Annex II to this
Regulation.
HAS ADOPTED THIS REGULATION:
Article 1
Article 4
The designation contained in Annex I to this Regulation shall
This Regulation shall enter into force on the 20th day following
be entered in the register.
its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 20 October 2011.
For the Commission
The President
José Manuel BARROSO
EN
21.10.2011 Official
Journal
of
the
European
Union
L
276/7
ANNEX I
Agricultural products intended for human consumption in Annex I to the Treaty:
Class 1.8. Other products of Annex I to the Treaty (spices etc.)
INDIA
Darjeeling (PGI)
L 276/8
EN
Official Journal of the European Union
21.10.2011
ANNEX II
SINGLE DOCUMENT
COUNCIL REGULATION (EC) No 510/2006
‘DARJEELING’
EC No: IN-PGI-0005-0659-12.11.2007
PGI ( X ) PDO ( )
1. Name
‘Darjeeling’
2. Member State or Third Country
India
3. Description
of
the
agricultural
product
or
foodstuff
3.1. Type of product
Class 1.8. Other products of Annex I to the Treaty
3.2. Description of product to which the name in (1) applies
The botanical name of the Darjeeling tea plant is Camellia sinensis L.O. Kuntze. The Darjeeling tea plant is a hardy,
multi-stemmed, slow growing evergreen shrub tree which if allowed to, can grow up to 2,5 metres in height. The
Darjeeling tea plant takes about 6 to 8 years to be mature to give economic harvesting and is known to have an
economic life of well over 100 years with good agricultural practices. It is able to withstand severe winters, extended
droughts and the high altitudes of Darjeeling. The green leaves are small, bright, glossy green in colour often covered
with a downy silvery pubescence and long buds. The productivity of Darjeeling tea is much lower than any other tea
growing area, making it expensive to harvest and produce. Such lower productivity is due to high elevations of the
geographical area and rare climatic conditions. The Darjeeling tea plant was first planted in the early 1800s. Over the
years it has adapted to its natural environment and developed the native characteristics, i.e. the unique Darjeeling
character referred to by renowned tea tasters and consumers.
The Darjeeling tea when brewed gives a colour of pale lemon to rich amber. The brew is said to have remarkable
varying degrees of visual brightness, depth and body. The flavour emanating from the brew is a fragrance with a
complex and pleasing taste and aftertaste with attributes of aroma, bouquet and point. The organoleptic char
acteristics of the Darjeeling tea brew are commonly referred to as mellow, smooth, round, delicate, mature,
sweet, lively, dry and brisk.
The chemical components present in the Darjeeling tea in very higher concentrations are linalool oxide I, II, III and
IV. Linalool, geraniol, methyl salicylate, benzyl alcohol, 2-phenylethanol, dihydroactinidiolide, hexanoic acid, cis-3-
hexenoic acid, trans-2-hexenoic acid, trans-geranoic acid, 3,7-dimethyl-1,5,7-octatrien-3-ol (can be quantified in % as
0,36 % to 1,24 %) and 2,6-demethyl-3, 7-octadiene-2, 6-diol (quantified in % as 3,36 % to 9,99 %). The last two
components are present in very high concentration (coming up to 1,24 % and 9,99 % respectively).
The rare flavour of Darjeeling tea is a direct result of a combination of plant genes which is native to the Darjeeling
area, the soil chemistry which is rich in minerals, the Darjeeling hills which receives high rainfall (up to 160 inches
per annum), altitudes (the highest 2 250 metres and the lowest is at 600 metres) and unique variation of
temperature (between 5 and 30 °C). The effect of agroclimatic conditions including light, temperature, humidity,
rainfall, etc. play important role for the production of quality related secondary metabolites for Darjeeling tea. It has
been observed that some tea cultivars grown in other parts of the country having different agroclimatic conditions
do not produce the unique aroma/flavour of Darjeeling tea.
The Darjeeling tea industry follows an established set of agricultural practices which has been developed and used for
over 150 years to sustain growth of shoots, while maintaining bush heights suitable for plucking by hand. Each
kilogram of made tea consists of around 20 000 individual hand-picked shoots. This gives an idea of the extent of
human effort involved in its production.
EN
21.10.2011 Official
Journal
of
the
European
Union
L
276/9
The Darjeeling tea is processed in the traditional orthodox method only, where human effort and traditional
skill/knowledge is involved in every stage, which is referred as Darjeeling style of manufacture.
There are three different grades of sizes of Darjeeling tea which are traditionally referred as Whole Leaf, Brokens and
Fannings.
3.3. Raw materials
Not applicable.
3.4. Feed (for products of animal origin only)
Not applicable.
3.5. Specific steps in production that must take place in the identified geographical area
The plucking of Darjeeling tea begins at the end of February/early March and ends by mid-November depending on
the weather conditions and the ambient temperature; the cold winter months of December to February are a period
of dormancy. A Darjeeling tea bush yields only 50 to 100 g of made tea in a year. The plucking of Darjeeling tea is
a special skill/technique, which is a traditional knowledge transferred from generation to generation. The plucking is
mainly done by highly skilled women workers because the green leaves require soft handling with care to retain its
quality.
After harvesting, the Darjeeling tea leaves are processed in the traditional orthodox method only in the typical/
Darjeeling Style of manufacture in the factories situated within the specified gardens within the defined Darjeeling tea
growing area only. The traditional skill/knowledge is passed on by generation and is involved in every step of the
processing. The inherently sensitive nature of the finely plucked, green leaf responds best to gentle treatment.
Although differing leaf varieties require intricate variations in processing, the stages followed are uniform.
Processing of the Darjeeling tea takes place in the factories situated only within the notified tea gardens. The drying,
sorting, grading and bulk packing of the Darjeeling tea takes place exclusively in the factories situated within the area
of the notified tea gardens. It is important to note that no processing takes place outside the tea gardens.
Therefore, all steps of production of tea (harvesting, drying and processing) take place in the defined areas.
Once the leaf reaches the factory, it is ‘withered’. The objective of withering is to evaporate the moisture from the
green leaves slowly over a period of 14 to 16 hours. The leaf shrinks and becomes soft so that it can withstand
twisting and rolling mechanically. The brew characteristics also begin to develop following physical and chemical
changes within the leaf structure.
The green leaves are segregated and spread evenly on wire mesh screens fitted over specially designed ‘troughs’ which
resemble very long wooden boxes. Each trough is an air chamber which enables fresh dry air to be passed in a
regulated manner through the green leaves until the desired ‘wither’ is achieved. Approximately, 75 % of the water
content in the fresh green leaf is evaporated at this stage.
The withered leaf is then removed from the trough and loaded and twisted in the rolling machines, which, by
subjecting the withered leaf to a rolling movement under pressure, twist the leaf, rupture the cells and release natural
juices, promoting oxidation and accelerating pigmentation. Rolling pressures and sequences are very meticulously
supervised to ensure that the optimum style is imparted, without the detrimental effect of overheating.
Next, the leaf is thinly spread in a cool, well-ventilated room to slowly oxidise (ferment). This stage, in which the
flavanols combine with oxygen in the air, extends over a period ranging from 2 to 4 hours, mainly depending on
ambient temperature and relative humidity. An experienced tea maker judges at regular intervals the extent of quality
development from the fragrance progressively expressed by the leaf. This sensory judgment is critical to the quality
of the infused brew. For the visitor, the rich floral aroma emanating from a Darjeeling rolling and fermenting
(oxidisation) room is heady and definitely unforgettable.
Once optimum fermentation (oxidisation) has been achieved, the oxidised leaf is taken for roasting (or drying) to
arrest further fermentation (oxidisation) by deactivating the enzymes, and to remove almost all of the remaining
moisture in the leaf. The Tea Dryer is a chamber which exposes the fermented (Oxidised) leaf to hot dry air at
regulated, varying temperatures within its parts, for a duration of 20 to 30 minutes. A good roast reduces moisture
content in the final product to about less than 2 %, resulting in crisp dry tea which is then graded through vibrating
sieves according to size. These grades are finally invoiced packed in lots/batches in foil lined packages designed to
retain freshness and quality over an extended period of time.
L 276/10
EN
Official Journal of the European Union
21.10.2011
After final grading has been completed, nomenclatures are assigned according to the size of the grade. These falls
into three categories:
(a) Whole Leaf — FTGOP — Fine Tippy Golden Flowery Orange Pekoe;
(b) Brokens — TGBOP — Tippy Golden Broken Orange Pekoe;
(c) Fannings — GOF — Golden Orange Fannings.
The major difference between the three categories is in the size.
Orange Pekoe is a term mainly used to describe a grade found in the grading system of the same name used for
sorting black teas. The system is based solely upon the size of the processed and dried black tea leaves.
The above gradations relate only to the size of the whole leaf after processing and not to quality differentiations. All
grades are the product of the same green leaf. The nomenclatures are used to differentiate the grade of made tea
according to the size of the tea leaves after processing.
3.6. Specific rules concerning slicing, grating, packaging, etc.
There are no specific packaging requirements for Darjeeling tea. Darjeeling tea reaches the final consumer in the EU
in bulk or consumer packs. 95 % of all packing down to the insertion into consumer size boxes takes place in the
EU (the rest is packed in India).
3.7. Specific rules concerning labelling
On each package the licence number of the producer/packeter under the Darjeeling Protection Certified Trade Mark
Scheme 1999 governed by the Tea Board of India (a statutory body formed under The Tea Act of 1953 of India
empowering them to administer the production of tea) has to be provided, as well as the registered Darjeeling logo
(a stylised representation of an Indian woman holding tea leaves in a roundel). The woman design element has a
stylised circular ear ring and a nose stud. The word mark ‘Darjeeling’ skirts the left portion of the roundel. All these
elements blend together to constitute the Darjeeling logo.
The special Darjeeling logo, created in 1983 and registered as a collective trademark in India, is a labelling
requirement, for tea that has been certified by the Board as conforming to the standards and characteristics of
Darjeeling tea. Since its introduction, the Darjeeling logo has always appeared on packaging cartons/chest under the
control of the Board.
The Tea Board has obtained registration of the Darjeeling logo as a Certification Mark under the Indian Trade and
Merchandise Marks Act, 1958.
The Tea Board has also registered the Darjeeling logo under the new Geographical Indication of Goods (Registration
& Protection) Act, 1999.
The nomenclature of grading is not compulsory on the label.
EN
21.10.2011 Official
Journal
of
the
European
Union L
276/11
4. Concise
definition
of
the
geographical
area
The Darjeeling Tea is grown in the district of Darjeeling, situated in the state of West Bengal, India. The following
Sub-Divisions of the District of Darjeeling in the State of West Bengal (India) have on their territory tea gardens:
Sadar sub-division, only hilly areas of Kalimpong Sub-Division comprising Samabeong Tea Estate, Ambiok Tea
Estate, Mission Hill Tea Estate, Upper Fagu and Kumai Tea Estates and Kurseong Sub-Division excluding the areas in
jurisdiction list 20, 21, 23, 24, 29, 31 and 33 comprising Subtiguri Sub-Division of New Chumta Tea Estate,
Simulbari and Marionbari Tea Estate of Kurseong Police station in Kurseong Sub-Division. The tea gardens are
situated at an altitude of between 600 and 2 250 metres on steep slopes which provide ideal natural drainage for the
generous rainfall the district receives.
5. Link
with
the
geographical
area
5.1. Specificity of the geographical area
The tea gardens are situated at altitude of between 600 and 2 250 metres on steep slopes, which provide ideal
natural drainage for the generous rainfall the district receives. It is important to note the relevance of elevation, as it
is specific for Darjeeling quality. Coupled with this, the intermittent cloud and sunshine combine to impart the
unique character of Darjeeling tea.
The soil is rich and the hilly terrain provides natural drainage for the generous rainfall the district receives.
Due to continuous low temperature the metabolic (photosynthesis) rate of the Darjeeling tea plant is far lower than
any other tea plant, which stunts the growth of green leaf and increases the concentration of the natural chemical
characteristics.
The Darjeeling tea growing area is located in the seven valleys of the Darjeeling hills which directly overlooks the
Himalayas and the Kanchenjunga peak which is the 3rd highest mountain peak in the world. The cold wind blowing
from the Himalayas through the seven valleys at various temperatures during the year is one of the reasons resulting
in the unique Darjeeling flavour. Further, the Darjeeling hills experience mists during the nights which condenses the
water molecules of the environment and it caresses the tea leaves which moisturise the Darjeeling tea leaves
overnight. The Darjeeling hill experiences very high rainfall (up to 160 inches and not less than 80 inches) in a
year. The Darjeeling hills receive only 4 to 5 hours of sunshine for only about 180 days in a year. These natural
phenomena significantly contribute to the development of the remarkable flavour and characteristics of the
Darjeeling tea.
5.2. Specificity of the product
Darjeeling tea is a tea of considerable renown, because its flavour is so unique that it cannot be replicated anywhere
else in the world. Grown in the mountainous region of Darjeeling, for more than 150 years, these tea bushes are
nurtured by intermittent rainfall, sunshine and moisture laden mellow mists. The tea pluckers pick only the finest
two leaves and the bud to maintain the particular flavour. Gifted with these natural elements, the simple fact that
approximately only between 9 to 10 million kg of Darjeeling tea is produced annually by the Darjeeling district, has
made it exclusive and desirable. It is a niche luxury product. Adherence to this high quality profile, results in
extremely low yields. The Darjeeling producers make every effort to ensure the highest quality standards, in spite of
the high costs involved. Tea plucking art of the succession generation of north has an artistic value. Human elements
are present in several steps of the production of tea (as explained above).
The Darjeeling tea is processed in the traditional orthodox method only, where human effort and traditional
skill/knowledge is involved in every stage.
5.3. Causal link between the geographical area and a specific quality, the reputation or other characteristic of the product
Geographical and agro-climatic: Due to the unique and complex combination of agro-climatic conditions prevailing
in the region comprising of all the 87 tea gardens within the district of Darjeeling as well as the production
regulations by the Board, tea produced in this region has the distinctive and naturally occurring organoleptic
characteristics of taste, aroma and texture which have won the patronage and recognition of discerning
consumers all over the world and put Darjeeling tea as a niche luxury product.
L 276/12
EN
Official Journal of the European Union
21.10.2011
Topographical: The Darjeeling tea gardens are situated at an altitude from 600 to 2 250 metres on steep slopes
which provide ideal natural drainage for the generous rainfall the district receives. The rare flavour of Darjeeling tea
is a result of the combination of plant genes, soil chemistry, altitude, temperature and rainfall unique to the
Darjeeling hills. The Darjeeling tea industry follows an established set of agricultural practices which has been
developed and used for over 150 years to sustain growth of shoots, while maintaining bush heights suitable for
plucking by hand.
Harvesting: A Darjeeling tea bush yields not more than 100 g of made tea in a year (between 9 to 10 million kg of
Darjeeling tea is produced annually by the Darjeeling district). Each kilogram of fine tea consists of more than
20 000 individual hand-picked shoots. This gives an idea of the extent of human effort involved in its production.
Other factors: historical, traditional, cultural and social, as well as a special uniqueness and reputation are attached to
‘Darjeeling’. Indeed, the tea produced in the Darjeeling region and having the said special characteristics, is and has
for long been known to the trade and the public in India and abroad as Darjeeling tea and as such it has acquired a
substantial domestic and international reputation. Any member of the trade or public in India or abroad ordering
Darjeeling tea or seeing tea advertised or offered for sale as Darjeeling will expect the tea so ordered, advertised or
offered for sale to be the tea cultivated, grown and produced in the aforesaid region of the Darjeeling district and
having the aforesaid special characteristics. Therefore, the name ‘Darjeeling’ for tea from the district of Darjeeling in
the state of West Bengal, has acquired a special uniqueness and reputation in the public mind when used in relation
to tea produced in the aforesaid region of the said district so that the right to attach it to such tea forms part of the
specific repute of all those who are duly associated with the said region. The prices of Darjeeling tea are also higher
than for other teas in India and overall in the world market. In other words, the name ‘Darjeeling’ when used in
relation to tea, qualifies as a geographical indication in India.
Reference to publication of the specification
http://ec.europa.eu/agriculture/quality/door/publishedName.html?denominationId=1900
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