WRITTEN QUESTION No. 773/99 by José GARCÍA-MARGALLO Y MARFIL Traditionally made ice cream
Date: 1999-03-29
Institutions: European Parliament, Provisional data
Subjects: brand name, consumer information, craft production, dairy ice cream, producer organisation, product designation, product quality, trade-mark law

C 348/132

Official Journal of the European Communities

EN

3.12.1999

How many products have been granted the partial protection referred to in Article 13(1)?

(1) OJ L 208, 24.7.1992, p. 9.

(1999/C 348/181)

WRITTEN QUESTION E-0773/99

by José García-Margallo y Marfil (PPE) to the Commission

Subject: Traditionally made ice cream

(29 March 1999)

Regulation (EEC) 2082/92 (1) was adopted in order to protect specific and traditional recipes defined in
accordance with a set of conditions.

Article 13 makes provision for two types of protection: ‘partial’ protection (Article 13(1)) and ‘total’ protection
(Article 13(2)).

How many products have been granted the total protection referred to in Article 13(2)?

(1) OJ L 208, 24.7.1992, p. 9.

Joint answer
to Written Questions E-0770/99, E-0771/99, E-0772/99 and E-0773/99
given by Mr Fischler on behalf of the Commission

(20 April 1999)

An application has been made for registration of the designation ‘Helado artesano’ under Council Regulation
(EEC) 2082/92 of 14 July 1992 on certificates of specific character for agricultural products and foodstuffs,
which provides for the protection of specific and traditional methods or modes of production at the initiative
of a producer group. The application in question was for protection under Article 13(2) of the above
Regulation (‘absolute’ protection of the name, as the name alone is protected).

Once the Commission had checked the information submitted and found it to comply with the provisions of
the Regulation, and in particular Articles 2, 4, 5 and 6 thereof, the main points of the application for
registration were published in the Official Journal. Following publication objections may be submitted by the
Member States or by any person who can demonstrate a legitimate economic interest. A total of nine
objections were sent to the Commission within the given time limit, in accordance with the right to object to
the intended registration granted by the above Regulation.

In accordance with the procedure provided for in the Regulation, the Commission asked the Member States
concerned to seek agreement between themselves. However, following a number of exchanges of information,
the Spanish Government confirmed that it had not been possible to reach an agreement under the terms of
Article 9. It is therefore up to the Commission to decide, through the regulatory committee, whether or not to
register the specific character of the designation in question. Work is currently underway in the Commission to
find a solution to this case.

In the product specifications drawn up by the producer group it is made quite clear that the proposed method
of production is that used to produce a specific and traditional type of ice-cream. Reference is made to hand
production of ice-cream in a number of points. The aim of this application is therefore to allow consumers to
distinguish hand-made ice-cream from other types of ice-cream easily, by providing a Community guarantee.

It should be noted, that in accordance with the principle laid down by the above Regulation, once a
designation has been registered any Community producer is free to use it as long as he complies with the
relevant production conditions in accordance with that Regulation.

Fifteen applications for a certificate of specific character have been sent to the Commission to date. Only three
were submitted under Article 13(2), while the others were submitted under Article 13(1). This offers limited
protection: the name may be used freely but if the producer wants to use the reserved indication ‘traditional
speciality guaranteed’ and the Community logo, he must comply with the published product specifications.