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Commission Implementing Decision (EU) 2026/999of 5 May 2026rejecting an application for protection of a traditional speciality guaranteed in accordance with Article 64(1) of Regulation (EU) 2024/1143 of the European Parliament and of the Council Denizli Tandır Kebabı (TSG)(notified under document C(2026) 2761)(Only the English text is authentic)

Den Europæiske UnionAfgørelse2026

European Union

Commission Implementing Decision (EU) 2026/999 of 5 May 2026 rejecting an application for protection of a traditional speciality guaranteed in accordance with Article 64(1) of Regulation (EU) 2024/1143 of the European Parliament and of the Council Denizli Tandır Kebabı (TSG) (notified under document C(2026) 2761) (Only the English text is authentic) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Regulation (EU) 2024/1143 of the European Parliament and of the Council of 11 April 2024 on geographical indications for wine, spirit drinks and agricultural products, as well as traditional specialities guaranteed and optional quality terms for agricultural products, amending Regulations (EU) No 1308/2013, (EU) 2019/787 and (EU) 2019/1753 and repealing Regulation (EU) No 1151/2012 OJ L, 2024/1143, 23.4.2024, ELI: http://data.europa.eu/eli/reg/2024/1143/oj. , and in particular Article 64(1) thereof, Whereas: (1) Pursuant to Article 59(1) of Regulation (EU) 2024/1143, the Commission has examined the application for registration of the name Denizli Tandır Kebabı as traditional speciality guaranteed (TSG) submitted by an applicant established in Türkiye (TSG-TR-03293 – 18.07.2024). (2) Following the scrutiny of the application for registration, the Commission sent a letter on 3 October 2024 informing the applicant of its intention to launch the procedure for the adoption of a formal Commission decision rejecting the application pursuant to Article 64(1) of Regulation (EU) 2024/1143, unless a revised version of the application for registration is submitted or the application is withdrawn. (3) In accordance with Article 6(5) of Commission Implementing Regulation (EU) No 668/2014 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, ELI: http://data.europa.eu/eli/reg_impl/2014/668/oj). , which was the Commission Implementing Regulation applicable on the date of the submission, the product specification of a traditional speciality guaranteed is to include the information requested in Annex II to that Implementing Regulation and is to be drawn up in accordance with the form provided for in that Annex. In its letter of 3 October 2024, the Commission requested the applicant to include all the information requested in Annex II to that Implementing Regulation as the form was not duly completed. In particular, the heading of the form did not contain the name of the product and the name of the third country. (4) Following this request, in its reply of 26 November 2024, the applicant did not duly complete all the information requested in Annex II to Implementing Regulation (EU) No 668/2014, namely the name of the product and the name of the third country in the heading of the form. (5) In accordance with Article 56(1) of Regulation (EU) 2024/1143, only a producer group composed of producers of the same product (the name of which is proposed for registration), regardless of its legal form, can apply for the registration of traditional specialities guaranteed. The Commission noted that the applicant Denizli Ticaret Borsasi – Denizli Commodity Exchange is a commodity exchange devoted to the trade of all kinds of agricultural products.

(6) In its reply of 26 November 2024, the applicant provided a list of producers of Denizli Tandır Kebabı that are members of Denizli Ticaret Borsasi – Denizli Commodity Exchange. (7) The Commission thus concludes that the condition laid down in Article 56(1) of Regulation (EU) 2024/1143 is not met because only certain members of this group work with the product, the name of which is proposed for registration. (8) Article 53(1) of Regulation (EU) 2024/1143 provides that a name shall be eligible for registration as a traditional speciality guaranteed where it describes a product that: results from a mode of production, processing or composition corresponding to traditional practice for that product; or is produced from raw materials or ingredients traditionally used and Article 53(2) of Regulation (EU) 2024/1143 provides that, in order to be registered as a traditional speciality guaranteed, the name of the product is to be traditionally used to refer to that specific product or it is to identify the traditional character of the product. In accordance with Article 2(3) of that Regulation, traditional means proven historical usage of the name by producers in a community for a period that allows transmission between generations; that period is to be at least 30 years and such usage may embrace modifications necessitated by changing hygiene, safety and other relevant practices. As clarified by recital 63 of the same Regulation, the usage is to be referred to the territory of the Union. (9) The application for registration of Denizli Tandır Kebabı as a traditional speciality guaranteed claims that the product results from a mode of production, processing or composition corresponding to traditional practice for that product or foodstuff (point 3.1 of the product specification) and that the specific name for which registration is requested has been traditionally used to refer to the specific product (point 3.2 of the product specification). (10) The Commission noted that the application lacks proof of traditional use of the name and of traditional practice in the Union for at least 30 years. (11) In its reply of 26 November 2024 to the Commission’s letter of 3 October 2024, the applicant provided no proof that the product results from a mode of production, processing or composition corresponding to traditional practice for that product or foodstuff in the Union for at least 30 years and provides no proof that the name of the product has been traditionally used to refer to the specific product in the Union for at least 30 years. (12) The Commission concludes that the criteria of Article 2(3), Article 53(1) and Article 53(2) of Regulation (EU) 2024/1143 are not met. (13) In accordance with Articles 52 and 53 of Regulation (EU) 2024/1143, a protection may be granted to traditional specialities guaranteed, in view of the attributes which confer an added value to a traditional product. As a consequence, in accordance with Article 54(1), first subparagraph, points (b) and (d), of Regulation (EU) 2024/1143, the product specification is to include, among others, a description of the product including its main physical, chemical, microbiological or organoleptic characteristics and the key elements establishing the product’s traditional character. The Commission found that the application for registration does not contain precise elements or any characteristics necessary to differentiate the product from other similar products. The Commission noted that the production method provided is vague and of a general nature and does not provide the key elements that would qualify Denizli Tandır Kebabı as a traditional speciality guaranteed. The preparation of, the cooking in the tandoor oven and the final serving in pita bread with chickpea flour are not sufficient in this regard.

(14) The applicant submitted on 26 November 2024 that 'Denizli Tandır Kebabı' differentiates itself from other kebabs due to the fact that no additives can be added to the meat and that no finishing or processing can be done. However, this cannot be considered elements that would qualify Denizli Tandır Kebabı as a traditional speciality guaranteed as the restrictions on additives, finishing and processing are of a general nature. (15) The Commission thus concludes that the requirements of Article 54(1), first subparagraph, points (b) and (d), read together with Articles 52 and 53, of Regulation (EU) 2024/1143 are not met. (16) Lastly, pursuant to Article 57(1), point (b), of Regulation (EU) 2024/1143, concerning applications from third countries, where the applicant is represented by an agent, the application is to comprise a power of attorney. The application was submitted to the Commission by Mr Esen G. Egemen on behalf of Denizli Ticaret Borsasi – Denizli Commodity Exchange. However, no power of attorney has been provided to the Commission to date. (17) The Commission thus concludes that the criteria of Article 57(1), point (b), of Regulation (EU) 2024/1143 are not met because the application for registration did not comprise a power of attorney. (18) In the light of the above, the Commission considers that the application for registration of Denizli Tandır Kebabı as a traditional speciality guaranteed does not fulfil the requirements of Article 6(5) of Implementing Regulation (EU) 668/2014, Article 56(1), Article 52(1), Article 53(2), Article 2(3), Article 54(1) first subparagraph, point (b), and Article 57(1), point (b), of Regulation (EU) 2024/1143. (19) The application for protection of the name Denizli Tandır Kebabı as a traditional speciality guaranteed should therefore be rejected. (20) The measures provided for in this Decision are in accordance with the opinion of the Quality Policy Committee for agricultural products, wine and spirit drinks, HAS ADOPTED THIS DECISION:

Article 1

The application for registration of the name Denizli Tandır Kebabı as a traditional speciality guaranteed is rejected.

Article 2

This Decision is addressed to the applicant: Denizli Ticaret Borsasi – Denizli Commodity Exchange Topraklık Mah. Kayalık Cd. Uluçarşı İş Merk. No:3, K:5, 20150 Pamukkale / Denizli Türkiye Done at Brussels, 5 May 2026. For the Commission Christophe Hansen Member of the Commission

Metadata

Type
Afgørelse
År
2026
Ikrafttrædelsesdato
1. januar 1970
Commission Implementing Decision (EU) 2026/999of 5 May 2026rejecting an application for protection of a traditional speciality guaranteed in accordance with Article 64(1) of Regulation (EU) 2024/1143 of the European Parliament and of the Council Denizli Tandır Kebabı (TSG)(notified under document C(2026) 2761)(Only the English text is authentic) | TheLawyer.sh