Everything just cheese - the dispute over the parmesan
EU Commission is urging Germany to comply with the protection of the designation "Parmigiano Reggiano"
The European Commission has sent a final written warning (reasoned opinion) to the German government for failing to properly apply EU legislation on the protection of protected designations of origin (PDO) to the appellation "Parmigiano Reggiano". The use of this designation, registered at European Union level since 1996, is de jure reserved exclusively for producers in a defined Italian territory who produce this cheese according to a mandatory specification.According to European legislation on Protected Designations of Origin (PDO) and Protected Geographical Indications (PGI)(1) Member States must protect the protected designations against any misappropriation, imitation or evocation, even where the true origin of the product is indicated or if the protected designation is a translation. This also applies to the designation "Parmigiano Reggiano", which has been registered since 1996 (2).
In Germany, however, cheese that does not meet the specification for the name "Parmigiano Reggiano" continues to be marketed under the name "Parmesan", although the latter is, in the Commission's eyes, a French translation of the name "Parmigiano Reggiano". is evidenced by a number of reference works dating from 1516 to the present day, as well as other elements that demonstrate the indissoluble link between the two designations.
The Commission sent the German authorities a letter of formal notice in October 2003, thereby initiating infringement proceedings. In its reply of December 2003, Germany had not committed itself to comply with the Community legislation on PDOs and PGIs in relation to the product in question. The Commission is now asking Germany to take the necessary measures to comply with the reasoned opinion within two months.
Legal process
Article 226 empowers the Commission to take legal action against a Member State that is not respecting its obligations.
When the Commission considers that there may be a breach of EU law that justifies the opening of infringement proceedings, it sends a "letter of formal notice" (first written warning) to the Member State concerned, asking it to reply by a specific date , usually within two months.
Depending on the nature of the response from the Member State concerned, and whether it responds at all, the Commission may decide to send it a "reasoned opinion" (final written warning), setting out clearly and unequivocally why in its view after a violation of EU law has occurred and requires the Member State to fulfill its obligations within a specified period (usually two months).
If the Member State fails to comply with the reasoned opinion, the Commission may decide to refer the case to the European Court of Justice.
Article 228 of the EC Treaty empowers the Commission to take action against a Member State that fails to comply with a judgment of the European Court of Justice. This Article also allows the Commission to ask the Court of Justice to impose a fine on the Member State concerned.
Current statistics on infringement procedures are [here] available
(1) Regulation (EC) No. 2081/92 of July 14, 1992 Official Journal L 208 of July 24.7.1992, 1, p. XNUMX.
(2) Regulation (EC) No. 1007/96 of June 21, 1996 Official Journal L 148 of June 21.6.1996, 1, p. XNUMX.
Source: Brussels [eu]
