WRITTEN QUESTION P-3336/02

by Arlindo Cunha (PPE-DE) to the Commission

(19 November 2002)

Subject: Designation of origin of Manchego cheese

A meeting recently held in Strasbourg with the European Geographical Indications Club highlighted two main problems affecting the designation of Manchego cheese from Spain. Firstly, there are various imitation products on the EU market, in particular a Belgian cheese which uses the name. Furthermore, the designation of origin cannot be registered in the United States because of opposition from a firm in California called Cacique, which markets its own cheese under the same name.

In this context can the Commission say:

- whether it knows about the imitation Manchego cheeses on the EU market and what steps have been taken to ensure compliance with European legislation on the subject;

- whether it has taken or plans to take any action vis-à-vis the United States to enable the designation of origin of Manchego cheese to be registered in that country;

- whether it will warn against problems of this kind which affect a variety of European products in the position it is about to submit in the context of the WTO negotiations?

Answer given by Mr Fischler on behalf of the Commission

(20 December 2002)

The Commission has no information on the existence of various imitations on the Community market, in particular in Belgium, of the protected designation of origin cheese Queso Manchego.

The name Queso Manchego (PDO) registered at Community level since 1996(1) enjoys on the Community market the protection specified in Article 13 of Regulation 2081/92(2) Under Article 10 of the Regulation the inspection structures set up by the Member States for the purposes of its application ensure that agricultural products and foodstuffs bearing a protected name meet the requirements given in their specifications. Consequently any product bearing the name Queso Manchego PDO on the Community market must comply with the specification registered for that product, i.e. only complying products can carry the name in question.

The Commission knows in a general way of imitations and misappropriations in regard to Queso Manchego and other designations of origin and geographical indications protected at Community level on the international market.

It is for this reason that in WTO negotiations the Commission has made great efforts to forestall this type of problem at international level. First of all, by negotiation in the Council for Trade-Related Aspects of Intellectual Property Rights (TRIPS) of a proposal it presented along with 20 other WTO members for extending protection to products other than wines and spirits, and subsequently by its manifest wish that geographical indications be brought within the framework of the Agreement on Agriculture and, more concretely, be included in market access negotiations in connection with that agreement featuring on the post-Doha Agenda.

In the case of the problem that the Honourable Member raises over registration in the United States of Queso Manchego as a designation of origin, the Commission has no detailed knowledge of the situation and so cannot express any opinion.

(1) OJ L 148, 21.6.1996.

(2) Council Regulation (EEC) No 2081/92 of 14 July 1992 on protection of geographical indications and designations of origin for agricultural products and foodstuffs, OJ L 208, 24.7.1992.