委员会实施条例(EU) No 120/2013,为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(?????????????????????????? (Khao Hom Mali Thung Kula Rong-Hai) (PGI))
技术法规类型:欧盟Eurlex法规 来源:tbtmap
EURLEX ID:32013R0120
OJ编号:OJ L 41, 12.2.2013, p. 3-8
中文标题:委员会实施条例(EU) No 120/2013,为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(?????????????????????????? (Khao Hom Mali Thung Kula Rong-Hai) (PGI))
原文标题:Commission Implementing Regulation (EU) No 120/2013 of 11 February 2013 entering a name in the register of protected designations of origin and protected geographical indications ( (Khao Hom Mali Thung Kula Rong-Hai) (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:2013-03-04
废止日期:2058-12-31
法规全文:查看欧盟官方文件
12.2.2013 Official
Journal
of
the
European
Union
L
41/3
COMMISSION IMPLEMENTING REGULATION (EU) No 120/2013
of 11 February 2013
entering a name in the register of protected designations of origin and protected geographical
indications ( (Khao
Hom
Mali
Thung
Kula
Rong-Hai)
(PGI))
THE EUROPEAN COMMISSION,
whole. Thailand confirmed that no protection for the
term ‘Khao Hom Mali’, in itself, was sought under Regu
Having regard to the Treaty on the Functioning of the European
lation (EC) No 510/2006. The Netherlands and Thailand
Union,
did not reach an agreement. The Netherlands requested a
clear indication that it is possible to use the non-
Having regard to Regulation (EU) No 1151/2012 of the
geographical parts of the name, whilst Thailand made
European Parliament and of the Council of 21 November
clear its anxiety on the impact of such a formulation
2012 on quality schemes for agricultural products and food
on a trade mark registered in the European Union.
stuffs ( 1 ), and in particular Article 52(3)(b) thereof,
(7) The
protection
should
indeed
be
given
to
the
whole
Whereas:
name ‘ (Khao
Hom
Mali
(1) Pursuant
to
Article
6(2)
of
Council
Regulation
(EC)
Thung Kula Rong-Hai)’. Individual non-geographical
No 510/2006 of 20 March 2006 on the protection of
components of that term may be used, even jointly
geographical indications and designations of origin for
and also in translation, throughout the European
agricultural products and foodstuffs (
Union, provided the principles and rules applicable in
2 ), an application
from Thailand received on 20 November 2008 to
the European Union’s legal order are respected,
register the name ‘
including the legislation on trade marks.
(Khao Hom Mali Thung Kula Rong-Hai)’ as a protected
geographical indication was published in the Official
(8)
With regard to the packaging requirement to take place
Journal of the European Union (
in the area of production, Belgium, France, Italy, the
3 ).
Netherlands and the United Kingdom objected as being
(2)
Belgium, France, Italy, the Netherlands and the United
not adequately justified or unnecessarily restricting.
Kingdom lodged objections to such registration under
France and Thailand found an agreement after
Article 7(1) of Regulation (EC) No 510/2006. The
amendment of the Single Document by Thailand in
objections were deemed admissible under points (a),
order to explain better the reasons why packaging has
(b), (c) and (d) the first subparagraph of Article 7(3)
to take place in the geographical area. No agreement on
thereof.
this issue was reached between Thailand and Belgium,
Italy, the Netherlands and the United Kingdom.
(3) By
letter
dated
14
March
2011,
the
Commission
asked
Thailand has then amended the Single Document and
the Parties concerned to seek agreement among them
specification and included a justification more specific
selves in accordance with their internal procedures.
to the product.
(4) An
agreement
was
reached
between
Thailand
and
France. (9) In the light of the above, the name
Given that no agreement was reached within the
‘ (Khao
Hom
Mali
designated timeframe of six months between Thailand
Thung Kula Rong-Hai)’ should be entered in the
and the Netherlands, and that only a partial agreement
Register of protected designations of origin and
was reached within such timeframe between Thailand
protected geographical indications and the Single
and Belgium, Italy and the United Kingdom, the
Document should be updated accordingly and published.
Commission should adopt a decision.
(10) The
measures
provided
for
in
this
Regulation
are
in
(5) With
regard
to
the
definition
of
the
geographical
area
for
accordance with the opinion of the Standing
production, processing and packaging, France pointed
Committee on Protected Geographical Indications and
out an inconsistency between the Single Document and
Protected Designations of Origin,
the national legislation of Thailand that allowed
processing and packaging outside the geographical area
HAS ADOPTED THIS REGULATION:
of production. Thailand recognised the inconsistency and
amended its national registration as well as the Single
Article 1
Document to clarify that there is only one single
geographical area of production, processing and pack
The designation contained in Annex I to this Regulation shall
aging.
be entered in the register.
(6)
With regard to the scope of protection of the name
Article 2
‘ (Khao
Hom
Mali
The updated Single Document is contained in Annex II to this
Thung Kula Rong-Hai)’, Belgium, France, Italy, the
Regulation.
United Kingdom and Thailand reached an agreement
that the protection should be limited to the name as a
Article 3
This Regulation shall enter into force on the twentieth day
( 1 ) OJ L 343, 14.12.2012, p. 1.
( 2 ) OJ L 93, 31.3.2006, p. 12.
following that of its publication in the Official Journal of the
( 3 ) OJ C 169, 29.6.2010, p. 7.
European Union.
L 41/4
EN
Official Journal of the European Union
12.2.2013
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 11 February 2013.
For the Commission
The President
José Manuel BARROSO
ANNEX I
Agricultural products intended for human consumption in Annex I to the Treaty:
Class 1.6. Fruit, vegetables and cereals, fresh or processed
THAILAND
(Khao Hom Mali Thung Kula Rong-Hai) (PGI)
EN
12.2.2013 Official
Journal
of
the
European
Union
L
41/5
ANNEX II
SINGLE DOCUMENT
REGULATION (EC) No 510/2006 (*)
‘ ’
(KHAO
HOM
MALI
THUNG
KULA
RONG-HAI)
EC No: TH-PGI-0005-0729-20.11.2008
PGI ( X ) PDO ( )
1. Name
‘ ’
(Khao
Hom
Mali
Thung
Kula
Rong-Hai)
2. Member State or Third Country
Kingdom of Thailand
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 product to which the name in (1) applies
Khao Hom Mali Thung Kula Rong-Hai is the rice produced in the Thung Kula Rong-Hai area, extending across five
provinces of north-east Thailand. It is grown from Khao Dawk Mali (KDML 105) and RD 15 varieties and is a light-
sensitive paddy rice. It can be brown or white (milled rice).
P h y s i c a l c h a r a c t e r i s t i c s
Rice hull: straw yellow colour.
Long, slim, transparent and shiny.
Silky smooth.
Good smell like pandanus leaf.
Physical characteristics Brown
rice White
rice
Length (mm) >
7,0 >
7,0
Shape (Length/Width) >
3,2 >
3,2
Colour Yellowish
brown White
C h e m i c a l c h a r a c t e r i s t i c s
Moisture content Not
more
than
14
%
Contaminants Not
more
than
0,2
%
Yellow grains Not
more
than
0,2
%
Mixture of other rice varieties Not
more
than
8
%
Amylose (%) 14-16
%
Alkaline test 6-7
(*) Replaced by Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes
for agricultural products and foodstuffs (OJ L 343, 14.12.2012, p. 1).
L 41/6
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Official Journal of the European Union
12.2.2013
Chemical characteristics (mean value (± 5 %)) Brown
rice White
rice
Protein (%) 7,6 5,4
Vitamin B1 (mg/100g) 0,34 0,18
Vitamin B2 (mg/100g) 0,27 0,07
Vitamin B3 (mg/100g) 5,0 1,2
Iron (ppm) 28 16
O t h e r c h a r a c t e r i s t i c s
1. Cooking characteristics (mean values)
Cooking time 15-20
min.
Rice:water ratio for cooking 1:1
or
1:1,25
2. Aroma and flavour
The cooked rice smells liked pandanus leaf and tastes velvety, spongy and slightly sweet. It has a slight hint of the
added condiments when cooked with other ingredients. Newly harvested KDML 105 and RD 15 rice grains have
a creamy smooth texture when boiled.
3.3. Raw materials (for processed products only)
The rice seeds used to produce Khao Hom Mali Thung Kula Rong-Hai have to be grown in Thung Kula Rong-Hai.
The seeds must be Khao Dawk Mali 105 (KDML 105) and Kor Khor or RD 15 breeds obtained from the Rice
Department or rice-grain producers, i.e. farmers’ organisations or private organisations certified by the Rice
Department based on the standards for rice grain production.
3.4. Feed (for products of animal origin only)
—
3.5. Specific steps in production that must take place in the identified geographical area
The whole of the production cycle must take place in the defined geographical area to ensure that it is conducted
entirely under the geomorphological conditions specific to that area. Needless to say, given the growing conditions
the entire biological cycle up to harvesting is carried out in the same place, i.e. where the rice was originally sown.
Harvesting is governed by special rules which cover the dates, phonological stages and grain moisture to guarantee
the hygiene and safety of the product and complete traceability of the rice to the region of origin and even, in many
cases, to the original farmer. The processing shall take place in Roi Et, Surin, Sisaket, Mahasarakham, and Yasothon
Provinces, which are the five provinces of the Thung Kula Rong-Hai area.
3.6. Specific rules concerning slicing, grating, packaging, etc.
The packaging shall take place in Roi Et, Surin, Sisaket, Mahasarakham, and Yasothon Provinces, which are the five
provinces of the Thung Kula Rong-Hai area. This is to give consumers an effective guarantee of the origin, the
quality of the rice and in order to ensure the retention of 2-acetyl-1-pyrroline (0,1-0,2 micrograms at the growing
field), unique to Khao Hom Mali grown within the identified geographical area. The repackaging is not allowed in
order to minimise possible dilution in concentration, which would undermine its distinctive aroma and to prevent
any possible contamination or alteration of the product.
3.7. Specific rules concerning labelling
Packages must be labelled with the weight, the date of packing, the name of the mill or the name of the cooperative.
Each package must bear the words ‘ ’
and/or
‘Khao
Hom
Mali
Thung
Kula
Rong-Hai’.
EN
12.2.2013 Official
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European
Union
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The Thai GI logo plus the EU logo (after European registration) are also mandatory.
4. Concise
definition
of
the
geographical
area
The geographical area where all the operations take place (sowing, cultivation, harvesting, milling, packaging and
labelling) is Roi-et, Mahasarakam, Surin, Yasothon and Srisaket.
Due to the specific weather and soil conditions required the cultivation area lies in:
— Roi Et province consisting of 986 807 rai (6,25 rai = 1 hectare) of land in tambons within the Thung Kula
Rong-Hai Plain in Kaset Wisai, Suwannabhumi, Pratumrat and Phonsai districts and Nong Hee subdistrict.
— Surin province consisting of 575 993 rai of land in tambons within the Thung Kula Rong-Hai Plain in Ta Tum
and Chumpol Buri districts.
— Sisaket province consisting of 287 000 rai of land in tambons within the Thung Kula Rong-Hai Plain in Rasi
Salai district and Silalat subdistrict.
— Maharasakham province consisting of 193 890 rai of land in tambons within the Thung Kula Rong-Hai Plain in
Phayakaphum Pisai district.
— Yasothon province consisting of 64 000 rai of land in tambons within the Thung Kula Rong-Hai Plain in Maha
Chanachai and Kor Wang districts.
5. Link
with
the
geographical
area
5.1. Specificity of the geographical area
The Thung Kula Rong-Hai Plain is a large plain in north-east Thailand, extending across five provinces, namely Roi
Et, Mahasarakam, Surin, Yasothon and Srisaket. It covers a total of 2 107 690 rai and was formerly named Thung
Mah Long or Thung Pu Pa Lan.
Natural and human factors play an integral role in production and, in particular, cultivation of Khao Hom Mali
Thung Kula Rong-Hai rice. Human knowledge also plays a key role in production of this rice, from selecting quality
seeds to following suitable cultivation methods, constructing bunds and segmenting the paddy field into sections to
retain sufficient water for the rice to grow. Water is drained from the fields about 10 days before harvest, when the
mature rice is cut and dried for 2 or 3 days to reduce moisture. These are the natural factors and local knowledge
which determine the quality of Khao Hom Mali Thung Kula Rong-Hai.
5.2. Specificity of the product
Khao Hom Mali Thung Kula Rong-Hai refers to paddy, brown and milled rice processed from the light-sensitive rice
varieties Khao Dawk Mali 105 and Kor Khor or RD 15, grown in the rainy season in Thailand in the Thung Kula
Rong-Hai area and exuding a natural aroma.
The only rice eligible is the abovementioned variety from the defined geographical area, since only these conditions
produce rice with low amylose content (14-16 %) and with an amylopectin content of 86-84 %. This allows the rice
to absorb a low proportion of the water in which it is cooked and release flavours. These outstanding characteristics
are possible only under the unique geomorphological conditions in the north-eastern part of Thailand (nature of the
soil, quality of the water used, number of hours of sunshine, narrow range of temperatures, cool dry weather in the
harvesting season, etc.).
L 41/8
EN
Official Journal of the European Union
12.2.2013
5.3. Causal link between the geographical area and the quality or characteristics of the product (for PDO) or a specific quality, the
reputation or other characteristic of the product (for PGI)
‘Thung Kula Rong-Hai’ is derived from the legendary ‘Kula merchants’. According to the legend, because of the dry
weather in the dry season, a group of native people called Kula who were merchants journeyed across this large
plain to sell their wares. They travelled until they were exhausted, but were still unable to reach the other side. They
then felt like crying (‘Rong-Hai’ in Thai), hence the name ‘Thung Kula Rong-Hai’ (‘plain of the crying Kula’).
Cultivation of Hom Mali rice in Thung Kula Rong-Hai began after the government improved the Hom Mali rice
variety and certified it in 1959 naming it ‘Khao Dawk Mali 105’. Cultivation became more widespread in 1979 when
the rice seeds exchange project called for planting glutinous rice in the Thung Kula Rong-Hai area. Farmers were
advised to change the new rice seeds every three years to maintain seed purity.
Because the paddy depended on rain water, cultivation could be carried out only once a year. Harvesting takes place
in the cold season when the weather is cold and dry (after the end of the rainy season). According to local
knowledge, a flooded paddy field needs to be drained about 10 to 15 days before harvesting to obtain rice of
good physical quality, with long, slim, clear and sturdy grains. The cooked rice should be soft and fragrant. This
practice, coupled with good agricultural practice (GAP), gives Khao Hom Mali Thung Kula Rong-Hai its unique
quality, distinctive from Hom Mali rice grown in other areas and recognised by traders and consumers both in the
producing country itself and internationally.
The slightly saline soil in northern Thailand, the coolness and dryness of the area, the specific rice varieties (KDML
105 and RD 15) used, the climate and the soil nutrients cause the paddy to become stressed and to produce the
aromatic substance 2-acetyl-1-pyrroline (2AP), the same substance which produces the fragrance in pandanus leaves.
This is the miracle gift from the nature on Khao Hom Mali Thung Kula Rong Hai.
Reference to publication of the specification
(Article 5(7) of Regulation (EC) No 510/2006).
Document Outline
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