Publication, pursuant to Article 12 (2) of Council Regulation (EC) No 510/2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs, concerning a cancellation application

(2006/C 280/06)

This publication confers the right to object the cancellation application pursuant to Article 7 of Council Regulation (EC) No 510/2006. Statements of objections must reach the Commission within six months from the date of this publication.

COUNCIL REGULATION (EC) No 510/2006

Cancellation request according to Article 12(2) and Article 17(2)

‘NEWCASTLE BROWN ALE’

EC No: UK/017/0372/16.08.2004

PGI ( ) PDO ( X )

1.   Registered name proposed for cancellation

‘Newcastle Brown Ale’ (1)

2.   Member State or Third Country

United Kingdom

3.   Type of product

Class 2.1— Beer

4.   Person or body making request for cancellation

Nature of legitimate interest in making the request:

The request for cancellation is made by the same applicant group that introduced the demand for registration.

5.   Reasons for Cancellation

Production at the site in the Newcastle-upon-Tyne city given in the registered PGI specification for ‘Newcastle Brown Ale’ is no longer commercially viable. The site of the brewery in the city centre of Newcastle-upon-Tyne presents operational difficulties. These factors have led Scottish & Newcastle Plc to take the decision to close the Newcastle brewery and to move to another site in the north east of England. Therefore the specification is not any longer respected in relation to the delimited geographical area of the PGI that is the city of Newcastle-upon-Tyne.

‘Newcastle Brown Ale’ being a registered trademark was registered as Protected Geographical Indication (PGI) in the Community register, at the initiative of a single producer, on condition that this producer may not prevent other producers in the defined geographical area who produce in accordance with the registered specification from using the PGI. However the PGI specification included ingredients (the strain of yeast, the particular blend of water and salt) which are held secret to Scottish & Newcastle Plc and no other producer was therefore entitled to use the protected name without consent from Scottish & Newcastle Plc to use these ingredients. However, Scottish & Newcastle Plc has made clear that there would be no circumstances in which it would be willing to make public details of the ingredients nor to give consent to any other producer to use them.

For these reasons, the conditions laid down in Regulation (EC) No 510/06 concerning the usage of the PGI ‘Newcastle Brown Ale’ cannot be met. Therefore the PGI status should now be cancelled.

(1)  OJ L 148, 21.6.1996, p. 1.