WRITTEN QUESTION E-1708/98

by Edouard des Places (I-EDN) to the Commission

(29 May 1998)

Subject: Official symbols and logos for AOCs and IGPs

Annex II, entitled "Provisions to be notified to the European Commission and to be inserted in a subsequent bill", to the Agriculture Bill which the French Government is preparing to submit to the French National Assembly lays down that the following Article L115-6 - 1 shall be inserted into the Consumer Code:

"Within the meaning of Article 6b of the Paris Convention on Industrial Protection, an official 'registered designation of origin' ('appellation d'origine contrôlée' - AOC) symbol and an official 'protected geographical ascription' ('indication géographique protégée' - IGP) symbol are hereby created. The official AOC symbol must be used for every presentation of agricultural products and foodstuffs granted an AOC. The official IGP symbol must be used for every presentation of agricultural products and foodstuffs granted an IGP."

Can the Commission confirm that the creation of "official symbols" or "logos" for AOCs and IGPs is the exclusive prerogative of the European Union and not a prerogative of the Member States?

Does not the Commission feel that a plethora of "logos" and "official symbols" for AOCs and IGPs is likely to cause confusion among consumers?

Does not the Commission feel that the affixing of any national "official symbols" or "logos" should remain optional and not become obligatory?

Answer given by Mr Fischler on behalf of the Commission

(9 July 1998)

Article 8 of Regulation (EEC) 2081/92 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs(1) provides for the use of the words "protected designation of origin " (PDO), "protected geographical indication" (PGI) or equivalent traditional indications (for example: appellation d'origine contrôlée (AOC) in France) on the labels of products with a registered name. It also stipulates that these indications may be placed only on agricultural products or foodstuffs which are in conformity with the Regulation.

A distinction should be made between what the legislator calls "indications", on the one hand, and "logos", on the other.

The Commission considers that it is obligatory to include the indications on labels. This obligation arises, on the one hand, from Article 4(2)(h) of the Regulation referred to above and, on the other, from the objectives of the Regulation and its desired effectiveness. It follows from the fourth and fifth recitals of the Regulation that consumers should be provided with clear, brief and precise information. The use of these indications makes it possible, for example, to distinguish a "protected designation of origin", which applies to a product whose characteristics are connected with a particular locality (including natural and human factors), from a simple indication of provenance. Regulation (EEC) 2081/92 has for consequence that only names registered at Community level can be protected as a registered designation of origin or geographical indication.

With regard to logos, the Commission is working, at the request of the trade and of several Member States, on the creation of a single Community logo (PDO/PGI) which would make it possible to add more value to products with a registered name. The use of this logo by producers would be optional.

The draft agricultural law that the French government is on the point of submitting to the national parliament seems, on the other hand, to make the use of the national logo (official symbol) compulsory. The Commission reserves the right to give an opinion on this provision of the draft law as soon as it is notified to it officially.

(1) OJ L 208, 24.7.1992.