WRITTEN QUESTION E-3716/00

by Bart Staes (Verts/ALE) to the Commission

(30 November 2000)

Subject: Protected geographical indication (PGI) for Balsamic vinegar from Modena

Italian Presidential decree No 162 of 12 February 1965 stipulates in Article 46 that the characteristics of the composition and methods of preparing Balsamic vinegar from Modena are to be laid down by ministerial decree.

Subsequently, a ministerial decree of 15 November 1989 gave Balsamic vinegar from Modena designation of origin status.

Community procedures are now underway to obtain a protected geographical indication (PGI) for Balsamic vinegar from Modena, whereas, traditional Balsamic vinegar from Modena and Reggio Emilia protected at national level by law No 93 of 3 April 1996 already has PDO status.

In recent years, a number of firms have taken advantage of the above ministerial decree of 15 November 1989 to invest in the areas of Modena and Reggio Emilia in order to produce Balsamic vinegar with the designation from Modena.

In a judicial sitting on 30 October 2000 the Italian Council of State upholding the appeal submitted by the De Nigris company from the Campania region overturned the judgment of the Lazio regional administrative tribunal and, consequently, the Italian ministerial decree of 15 November 1989, de facto confirming the non-territorial nature of the production of this product although it is typical of the Modena and Reggio Emilia areas.

This decision will involve the disappearance of Balsamic vinegar from Modena, which is a different product and cannot be confused in quality or price with traditional Balsamic vinegar from Modena and Reggio Emilia, but which, like the latter, is linked to the area of the provinces of Modena and Reggio.

This judgment, with its concept of non-territoriality, threatens all local products in the Community and in regions and provinces of Italy, and not only Balsamic vinegar from Modena.

Can the Commission say whether it is prepared to defend the principle of territoriality, which is linked to the valorisation, defence and production of local products?

Answer given by Mr Fischler on behalf of the Commission

(24 January 2001)

The application for registration of aceto balsamico di Modena (Modena balsamic vinegar) as a protected geographical indication was made by Italy on the basis that this was a name protected by national legislation under a decree of 15 November 1989 restricting the production area to the Provinces of Modena and Reggio Emilia.

Italy first asked the Commission to await the outcome of an appeal to the Lazio Administrative Tribunal. Subsequently the Council of State in its judicial capacity annulled the Administrative Tribunal's judgment and consequently the 1989 decree. Following this Italy withdrew the application.

The Commission can state as regards local products of well-defined origin that its set policy is to defend their promotion on the basis of the territoriality principle, i.e. defend the quality policy enshrined in Regulations (EEC) No 2081/92 of 14 July 1992 on protection of geographical indications and designations of origin for agricultural products and foodstuffs(1) and No 2082/92 of 14 July 1992 on certificates of specific character for agricultural products and foodstuffs(2).

(1) OJ L 208, 24.7.1992.

(2) OJ L 208, 24.7.1992.