WRITTEN QUESTION P-1571/97 by Claudio Azzolini (UPE) to the Commission (30 April 1997)

Subject: 'Mozzarella di Bufala Campana'

Commission Regulation (EC) No 1107/96 ((OJ L 148, 21.6.1996, p. 1. )) oj 12 June 1996 registered 'Mozzarella di Bufala Campana' as a protected designation of origin (PDO). It follows from that regulation that only cheese produced within the area covered by the relevant PDO producers' association in Campania can be called 'mozzarella di bufala' (mozzarella made from buffaloes' milk), and non-PDO producers are prohibited from describing their cheese as 'mozzarella di bufala' or 'mozzarella di bufala campana' (Campanian mozzarella made from buffaloes' milk).

This principle was confirmed by a decree issued on 10 February 1997 by the Italian Ministry of Agriculture, Food and Forestry Resources.

In a note dated 18 March 1997, DG VI of the Commission challenged that decree, describing it as unduly restrictive and putting forward arguments that were both doubtful and overtly partisan (being based on a letter of complaint from an Italian association in the dairy sector) concerning the possibility of other producers being allowed to use the description 'Mozzarella di Bufala' instead of the PDO. The note called for the first, third and fourth recitals of the decree to be amended.

Does the Commission agree that this request clearly conflicts with the provisions of Regulation (EEC) No 2081/92 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs, particularly Articles 13(1) (b) and 13 (1) (d)?

Answer given by Mr Fischler on behalf of the Commission (23 May 1997)

As the Honourable Member points out, the Commission by Regulation (EC) No 1107/96 of 12 June 1996 registered the name 'Mozzarella di Bufala Campana', which became reserved for buffalo milk cheese produced within a designated geographical area in the regions of Campania and Lazio. A footnote forming an integral part of the Regulation specifically indicates that the term 'mozzarella' in isolation is given no origin-linked protection. The words 'di bufala' give further information, solely about the type of milk used to make the cheese. Their generic character cannot therefore be disputed.

The Commission cannot deny that combined use of the words 'mozzarella' and 'di bufala' by producers located outside the geographical zone for the protected designation of origin may mislead an unwary consumer liable to confuse the area-linked name 'Mozzarella di Bufala Campana', which is a protected designation of origin (PDO), and the name 'mozzarella di bufala', a simple association of two unreserved terms informing the consumer of the type of cheese and the raw material from which it is made. The possibility of such confusion does not however imply infringement of Article 13(1) of Regulation (EEC) No 2081/92 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs ((OJ L 208, 24.7.1992. )).

It should be noted in this connection that the trend to use of the words 'di bufala', by producers not located in Campania or Lazio has certainly not arisen following Community registration of the PDO 'Mozzarella di Bufala Campana'. A Decree of 28 September 1979 recognizing 'mozzarella di bufala' as a type name set compulsory rules for its production applicable throughout Italy. Consequently producers located outside Campania and Lazio who since 28 September 1979 have as their normal practice used these two unreserved terms in the correct way cannot be deprived of their right to use them by the fact that cheese using these traditional methods but produced within a defined geographical area enjoys protection at national and now Community level.

Use of the words 'di bufala' alongside 'mozzarella' is also in line with international trade practice and with Article 2(4) of Regulation (EEC) No 1898/87 ((OJ L 182, 3.7.1987. )) stipulating that the origin of milk and milk products must be stated if it is not cow's milk.

It should also be remembered that Article 2 of Directive 79/112/EEC on the labelling, presentation and advertising of foodstuffs for sale to the ultimate consumer ((OJ L 33, 8.2.1979. )) requires Member States to ensure that 'the labelling and methods used must not be such as could mislead the purchaser to a material degree ... as to the characteristics of the foodstuff and, in particular, as to its nature, identity, properties, composition ...'. While it is clear that the term 'mozzarella' originally implied exclusive use of buffalo milk, it is now generally used in the Community, including the Italian market, to designate a cheese made from cow's milk. Adding the words 'di bufala' appears therefore to guarantee that the consumer is properly informed.

Given the foregoing the Commission must consider that if a mozzarella cheese made from buffalo milk does not directly or indirectly evoke the geographical term 'Campana', use the logo forming an integral part of the product specification or claim PDO status, its designation as 'mozzarella di bufala' is not automatically an infringement of Article 13(1) of Regulation (EEC) No 2081/92. An exhaustive examination of the labelling of any particular product would be required to reach such a conclusion, if it was in any instance warranted.