WRITTEN QUESTION P-3095/96 by Giacomo Santini (UPE) to the Commission (8 November 1996)

Subject: Recognition of the 'Atesino' appellation

The 'Atesino' Indicazione Geografica Tipica appellation, which has been used for the past thirty-five years to identify table wines produced in the Trentino-Alto Adige region, was officially recognized by means of a decree issued by the Italian Minister for Agriculture on 22 November 1995, which was published in the Official Journal of 27 December 1995.

As the Commission itself stated in its reply to a parliamentary question, under Community law responsibility for establishing the relevant standards lies with the Member States, subject to compliance with the minimum requirements laid down by Community law.

The Chamber of Commerce of Bolzano and some wine producers from the autonomous province of Bolzano have proposed that an application for annulment of the abovementioned ministerial decree be lodged with the Lazio Regional Administrative Court, on the grounds that the 'Atesino' Indicazione Geografica Tipica appellation might be confused with the 'Alto Adige/Süd Tirol' Denominazione di Origine appellation.

As has been established by the ministerial decree of 22 November 1995, there is no danger of confusion in the minds of consumers, given in particular the fact that the 'Atesino' appellation has been used without problem and with the mutual consent of the producers in the two autonomous provinces for over thirty-five years.

Given the above, what steps does the Commission intend to take with a view to protecting consumers who have relied on the 'Atesino' appellation for the past thirty-five years?

How does it intend to protect the producers of 'Atesino' wine?

What approach does it intend to adopt to the inquiries into the complaint lodged in connection with this matter?

Answer given by Mr Fischler on behalf of the Commission (29 November 1996)

Community legislation on table wines bearing a geographical indication provides that the producing Member States must lay down rules for such wines in keeping with the minimum requirements stipulated in the Community rules, and that they are responsible for recognizing the list of the names of geographical units smaller than the Member State that may be used for such wines.

Article 40(1) of Council Regulation (EEC) No 2392/89 laying down general rules for the description and presentation of wines and grape musts ((OJ L 232, 9.8.1989. )), for instance, provides that the description and presentation of products must not be likely to cause confusion or to mislead the persons to whom they are addressed, particularly as regards geographical descriptions. The problem of establishing whether or not there is confusion in the minds of consumers or they are being mislead is an issue of fact which, in the event of legal disputes, must be settled by the courts of the Member State concerned ((see the judgement of the Court of Justice of 25 February 1981 in Case 56/80, 'Description and presentation of wines', Court Reports 1981, p. 583. )).

The Commission is aware of the tenor of the Italian decree of 27 December 1995 referred to by the Honourable Member and of the action taken before the Lazio Regional Administrative Court. Since this is a case before a national court that has not yet been settled, the Commission will adopt a position in the light of the judgement handed down by it.