WRITTEN QUESTION No. 769/96 by Jan MULDER to the Commission. Protection of geographical designation of origin for agricultural products
Date: 1996-04-01
Institutions: European Parliament, MULDER
Subjects: Netherlands, agricultural product, designation of origin, hard cheese, judgment of the Court (EU)













EUR-Lex - 91996E0769 - EN






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91996E0769

WRITTEN QUESTION No. 769/96 by Jan MULDER to the Commission. Protection of geographical designation of origin for agricultural products  


Official Journal C 280 , 25/09/1996 P. 0076 





WRITTEN QUESTION E-0769/96 by Jan Mulder (ELDR) to the Commission (1 April 1996)Subject: Protection of geographical designation of origin for agricultural productsA list of proposals for agricultural products with a protected designation of origin and generic products was published recently. Surprisingly, the list of products with a protected designation of origin did not include Dutch dairy products - such as Gouda and Edam cheese - which have been typical of the Netherlands for centuries. These two Dutch cheeses do appear on the list of generic products, however, but this is not very logical because they have been produced in accordance with a specific method in the Netherlands since the thirteenth century.1. What are the Commission's reasons for putting Gouda and Edam cheese on the list of generic products, while cheeses such as Danablu, Feta and Parmigiano Reggiano are given a protected designation of origin?2. In view of the foregoing, is the Commission prepared to review its proposals so that Gouda and Edam cheese are taken off the list of generic products?3. Is the Commission prepared to enter Gouda and Edam on the list of products with a protected designation of origin, if so requested by the Member State in question?Answer given by Mr Fischler on behalf of the Commission (30 April 1996)The list of generic products to which the Honourable Member refers is the indicative list the Commission is required to present to the Council under Article 3 of Council Regulation (EEC) No 2081/92 on the protection of geographical indications and designations of origin, ((OJ L 208, 24.7.1992. )) names which have become generic not being entitled to registration and protection under that Regulation.To guide it in this task the Commission asked the Member States themselves to submit names of products they considered might be recognized as generic, and it therefore compiled its Article 3 list in the light not only of the relevant legislation but of the Member States' own suggestions. The names Edam and Gouda (as well as Camembert, Brie, Cheddar and Emmental) were widely canvassed, inter alia by the Netherlands itself, and are not protected by bilateral or other international agreements. Note also that in its recent judgment in the Exportur case the Court stressed the importance of looking at the situation in the Member State of origin when deciding whether a product was generic.Presumably a Member State which regards the name of one of its products as eligible for protection would not put forward that name for inclusion in the generic list. The Netherlands authorities did, however, ask for the names 'Noord-Hollandse Edammer' and 'Noord-Hollandse Gouda' to be registered as designations of origin. These comply with the requirements of Article 17 of Regulation (EEC) No 2081/92 and duly appear on the first list of geographical indications and designations of origin whose registration is proposed by the Commission.