(1)

In accordance with Article 90(1) of Regulation (EU) 2024/1143 of the European Parliament and of the Council (2), which repealed Regulation (EU) No 1151/2012, the latter remains applicable to the applications for registration of geographical indication received by the Commission before 13 May 2024.

(2)

Pursuant to Article 50 of Regulation (EU) No 1151/2012, the Commission has examined the application for registration of the name ‘Erzurum Su Böreği’ as protected geographical indication (PGI), submitted by Türkiye on 1 July 2021 (PGI-TR-02781).

(3)

Following the scrutiny of the application for registration, the Commission sent a notice of comments to the applicant on 11 October 2021, on 2 December 2022, on 7 July 2023 and on 21 December 2023 requesting clarification of some of the aspects of the file.

(4)

On the basis of the information provided by the applicant, the Commission concluded that the application does not fulfil the requirements of Regulation (EU) No 1151/2012 and informed the applicant by the rejection letter of 1 July 2024 that, if no observations have been received within 2 months of receipt of the letter, it intends to launch the procedure for the adoption of a formal Commission decision rejecting the application pursuant to Article 52(1) of Regulation (EU) No 1151/2012.

(5)

In particular, the Commission considered that the provided product description does not fulfil the requirements laid down in Article 7(1) of Commission Implementing Regulation (EU) No 668/2014 (3), in conjunction with Article 8(1), first subparagraph, point (c)(i), of Regulation (EU) No 1151/2012 since the description is not focused on the specificity of the product bearing the name to be registered and does not allow the final product to be identified. ‘Erzurum Su Böreği’ is a specific type of pastry and its description fails to give the specific characteristics of the product. In addition, the description does not identify how this product distinguishes from other similar pastries, and it is rather written in a recipe form detailing the preparation process, which is common to products of that type. Therefore, it does not allow the product to be identified, as required by Article 7(1) of Implementing Regulation (EU) No 668/2014.

(6)

Moreover, the Commission indicated that the link between a given quality, the reputation or other characteristics of the product with the geographical area is not identified in accordance with Article 8(1), first subparagraph, point (c)(ii), of Regulation (EU) No 1151/2012. The Commission took into account that the product characteristics claimed to be specific may be reproduced everywhere, namely the presence of Erzurum Civil Peynir (cheese) and Erzurum Tereyağı (butter) in the production as well as the kneading process. The fact that the pastry is made within the geographical area, without further elaborating on the specific characteristics of ‘Erzurum Su Böreği’ and on the link between the given quality, the reputation or other characteristics of the product and its geographical origin was considered not sufficient.

(7)

Furthermore, the Commission pointed out that the single document referred to in Article 8(1), first subparagraph, point (c), of Regulation (EU) No 1151/2012, submitted by the applicant, does not identify whether the link between ‘Erzurum Su Böreği’ and the demarcated geographical area is based on the reputation or the characteristics of ‘Erzurum Su Böreği’ essentially attributable to its geographical origin as requested by Article 5(2), point (b), of that Regulation and by point 5 of Annex I to Implementing Regulation (EU) No 668/2014.

(8)

Finally, the Commission explained that the product specification is lacking information on the procedures in place to ensure traceability, namely the origin, destination and quantities of ‘Erzurum Su Böreği’ and the raw materials used for its production in accordance with Article 4 of Implementing Regulation (EU) No 668/2014.

(9)

In its reply of 2 September 2024, the applicant made account of the history of the Erzurum province and provided historical references on the importance of products of the same category as ‘Erzurum Su Böreği’, namely water pastry or Su Böreği, without focusing on the name of the product for which protection is sought.

(10)

Moreover, the applicant did not provide any comments regarding the lack of information on the specific characteristics of the final product bearing the name to be registered. The application as it stands merely describes a common production process for all products of water pastry or Su Böreği which does not allow the product to be identified.

(11)

The applicant did not reply to the Commission’s comments regarding the absence of information about the link between a given quality, the reputation or other characteristics of the product and the geographical area. Furthermore, the applicant did not identify whether the link between ‘Erzurum Su Böreği’ and the demarcated geographical area is based on the reputation or the characteristics of ‘Erzurum Su Böreği’ essentially attributable to its geographical origin.

(12)

Lastly, the applicant did not provide the necessary information regarding the procedures to be applied by operators with regard to the proof of origin of the product, raw materials, feed and other elements required to prove, according to the specifications, that they come from the defined geographical area.

(13)

In light of the above, the Commission considers that the application for registration ‘Erzurum Su Böreği’ as PGI does not fulfil the requirements laid down in Article 5(2), point (b), Article 8(1), first subparagraph, points (c)(i) and (ii) of Regulation (EU) No 1151/2012 and in Article 7(1) and point 5 of Annex I to Implementing Regulation (EU) No 668/2014.

(14)

The application for protection of the name ‘Erzurum Su Böreği’ as PGI should therefore be rejected.

(15)

The measures provided for in this Decision are adopted in accordance with the opinion of the Quality Policy Committee for agricultural products, wine and spirit drinks,