Proposal for a Council Regulation amending the Annex to Commission Regulation (EC) No 1107/96 with regard to the name 'Feta'
Date: 2002-06-14
Institutions: European Commission
Subjects: Greece, agricultural product, cheese, consumer information, designation of origin, foodstuff, location of production

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Proposal for a Council Regulation amending the Annex to Commission Regulation (EC) No
1107/96 with regard to the name ‘Feta’

(2002/C 262 E/15)

COM(2002) 314 final

(Submitted by the Commission on 14 June 2002)

EXPLANATORY MEMORANDUM

On 14 July 1992 the Council adopted Regulation (EEC) No 2081/92 on the protection of geographical
indications and designations of origin for agricultural products and foodstuffs (1).

Under the simplified procedure established by Article 17 of Regulation (EEC) No 2081/92, the Greek
authorities notified on 21 January 1994 the name ‘Feta’ for registration as a protected designation of origin
(PDO). The Commission examined the request for registration for conformity with Articles 2 and 4 and
concluded that the name ‘Feta’ met the criteria of the Regulation and should therefore be protected.

file to the Scientific Committee for Designations of Origin,
The Commission submitted the ‘Feta’
Geographical
Indications and Certificates of Specific Character established by Commission Decision
93/53/EEC (2) of 21 December 1992. According to Article 2 of that decision, the task of the committee,
made up of qualified experts with legal or agricultural backgrounds, and particularly with knowledge of
intellectual property rights, is to examine, at the request of the Commission, all technical problems relating
to the application of the basic regulation. These include questions relating to the generic nature of the
name and the factors to be taken into account when defining geographical indications and designations of
origin of agricultural products and foodstuffs.

On 15 November 1994, the Scientific Committee expressed the view, by four votes in favour and three
against, having regard in particular to the information supplied, that the name ‘Feta’ met the conditions for
registration under Council Regulation (EEC) No 2081/92, more particularly Article 2(3) thereof. In the
same opinion, the Scientific Committee unanimously concluded, on the basis of the documentation
for Greek cheese was not generic within the meaning of
submitted to it,
Article 3(1) of the basic regulation.
is an
independent point and is without prejudice to examination of the situation of products legally on the
market within the meaning of Article 13(2) of Regulation (EEC) No 2081/92. According to Article 13
there is a transitional period of 5 years till the enforcement of the denomination ‘Feta’ as a protected
denomination of origin and the prohibition of other producers to use this designation.

It stated that the ‘non-generic’ nature of the name ‘Feta’

the name ‘Feta’

that

On 20 January 1996, the Commission asked the Regulatory Committee for protected denominations of
origin (PDO) and protected geographic indications (PGI) (III-b procedure with three months expiry period)
to deliver an opinion on the draft regulation including among others ‘Feta’ as ‘PDO’. The resulting 45
favourable votes amounted from support by Belgium, Greece, Spain,
Italy, Luxembourg, France, and
Ireland, Netherlands, UK, Sweden, Finland and Austria expressed a
Portugal. Denmark, Germany,
Ireland, Netherlands, United Kingdom,
negative opinion resulting to 42 votes. Denmark, Germany,
Austria, Finland and Sweden mentioned that the proposal was containing product names such as ‘Feta’
that are generic according in their view.

Due to the absence of opinion in the Committee, the Commission transmitted the draft measures to
Council on 8 March 1996. During the Council of Agricultural Ministers on 20 May 1996, Denmark,
Germany, France,
Ireland, Austria, Finland and Sweden opposed the proposed measures. The United
Kingdom abstained. Greece, Spain, Portugal, Italy, Luxembourg, Belgium and the Netherlands expressed
support. The Commission, following the absence of opinion by Council and in accordance with the
regulatory committee procedure, adopted the proposed regulation. The resulting Commission Regulation
(EC) No 1107/96 entered into force on 21 June 1996.

By applications lodged on 30 August, 9 September and 12 September 1996 respectively, the Kingdom of
Denmark (C-289/96), the Federal Republic of Germany (C-293/96) and the French Republic (C-299/96)
brought actions under Article 173 of the EC Treaty for annulment of Commission Regulation (EC)
No 1107/96 in so far as it registers the designation ‘Feta’ as a PDO.

(1) OJ L 208, 24.7.1992, p. 1.
(2) OJ L 13, 21.1.1993, p. 16.

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The fore-mentioned governments claimed that the contested regulation is invalid in so far as it provides for
registration of the word ‘Feta’ as a PDO for two principal reasons. First, they argue that the conditions laid
down by Article 2 of Regulation (EEC) No 2081/92, which must be fulfilled if a product is to benefit from
a PDO, have not been satisfied. In particular they argued that registration of ‘Feta’ as a PDO is contrary to
Article 2(2) of Regulation (EEC) No 2081/92 in that the geographical area which falls under the protection
of the registered name would extend to substantially all of Greece, something which the regulation
precludes in the case of traditional non-geographical names, such as that in point here. Second, they
submit that the word ‘Feta’
in light of Articles 3 and 17 of
Regulation (EEC) No 2081/92, be protected as a PDO. In particular, according to Article 3 of the same
regulation, ‘names that have become generic may not be registered’.

is a generic term and cannot, therefore,

The Court of Justice of the European Community concluded that the Commission had not taken due
account of all factors which Regulation (EEC) No 2081/92 requires. By its judgment of 16 March 1999
covering the prescribed joined cases, it decided on the partial annulment of Regulation (EC) No 1107/96.

Subsequently the Commission, on 15 October 1999, invited the Member States to provide exhaustive
information on production, consumption and available knowledge on the denomination of ‘Feta’. The
supplied data are summarised in the recitals of the draft Regulation at hand. This information was trans-
mitted to the scientific Committee. On 24 April 2001, it unanimously concluded that ‘Feta’ constitutes a
non-generic designation of origin. The principal reasons of this opinion are also presented in the recitals of
the draft Regulation.

This opinion of the Scientific Committee was presented to the Member States in the regulatory committee
on 20 November 2001. The Member States that considered both the data they supplied still valid (from
1999) and the summary provided by the Commission to be correct were Greece, United Kingdom,
Netherlands, Spain, Belgium, Austria, Portugal and Italy. Germany, Denmark and Finland expressed
doubts on the Scientific Committee. France and Sweden did not take position. A new draft measure
registering ‘Feta’ as PDO was also discussed which led to some minor amendments.

The Commission presented the slightly amended measure on 9 April to the regulatory Committee, and
asked its opinion on the draft Regulation on 16 May 2002. No opinion was delivered resulting from a
favourable vote (47): Portugal, Belgium, Greece, Spain, Italy, Luxembourg, Netherlands, Sweden, Finland; a
negative vote (23): Denmark, Germany, United Kingdom; and abstention (17): France, Austria, Ireland.

Reasons for the votes against and abstentions:

United Kingdom expressed its sympathy to Greece but supported that large quantities have been produced
before and ‘Feta’ is a generic name. It also supported that there was a difficulty in the comprehension of
the elements included in the analysis presented to the committee on 20 November 2001.

Ireland produces a small quantity of ‘Feta’ and there is no tremendous interest from its side.

France agrees with the analysis presented by the Commission to the committee on 20 November 2001 and
it is convinced that ‘Feta’ is a non-generic name. However it supports that the name ‘Feta’ should rather be
used in conjunction with a geographical name. France has appealed against the registration of the
denomination ‘Feta’
in 1996. In France ‘Feta’ produced mainly from ewe’s milk and not from cow’s
milk (ewe/cow milk equal to ¼).

Denmark firmly considers ‘Feta’ a generic name. It pointed at inaccuracies in the scientific committee
report.

Austria mentioned difficulties in understanding the data of the analysis presented on 20 November 2001.
in other Member States should be taken into account, as should the situation in
Production of ‘Feta’
enlargement candidate countries. Considering its bilateral agreement with Greece on ‘Feta’ it abstained.

Germany maintained its well-known position of 1996. It requested the submission of the presented
analysis in German.

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is currently produced in many Member States. This does
The Commission acknowledged that ‘Feta’
however not mean that the product is generic. It does not consider the 8 tonnes production in the
United Kingdom to be large. Moreover, 14 out of 18 English dictionaries refer to ‘Feta’ as a Greek
cheese, the others refer to a Greek, Middle East or Balkans origin. Hence, it is difficult to defend the
generic nature of the name ‘Feta’ in the United Kingdom. It also emphasised the independent nature of the
scientific committee, and did not enter into discussion on the Danish rejection of the scientific opinion.
With respect to the reference to enlargement countries it recalled that Council Regulation (EE) No 2081/92
for the determination of a generic nature only refers to EU territory.

In absence of an opinion of the competent regulatory committee, the Commission, pursuant to Article 5(4)
of Council Decision 1999/468/EC laying down the procedures for the exercise of implementing powers
conferred on the Commission, hereby presents the concerned proposal for a Regulation to the Council,
and informs the Parliament thereof.

This proposal has no impact on the Community budget.

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community,

Having regard to the proposal from the Commission,

not take due account of all the factors which the third
indent of Article 3(1) of the basic regulation required it to
take into consideration’, emphasising in particular that the
Commission had paid insufficient attention to the actual
situation in the Member States.

Having regard to Council Regulation (EEC) No 2081/92 of 14
indications and
July 1992 on the protection of geographical
and
products
agricultural
origin
designations
foodstuffs (1), and in particular Article 17 thereof,

for

of

Whereas:

(1) Under Article 17(1) of Regulation (EEC) No 2081/92, on
the
the

21 January 1994 the Greek authorities
sent
Commission an application for the registration of
name ‘Feta’ for a cheese.

(2) The name ‘Feta’ was registered as a protected designation
of origin under Commission Regulation (EC) No 1107/96
of 12 June 1996 on the registration of geographical indi-
cations and designations of origin under the procedure
laid down in Article 17 of Council Regulation (EEC) No
2081/92 (2).

(3) The Kingdom of Denmark,

the Federal Republic of
Germany and the French Republic subsequently brought
an action for that registration to be annulled under Article
230 of the Treaty.

(4) In its judgment of 16 March 1999 on joined cases
C-289/96, C-293/96 and C-299/96, the Court of Justice
partly annulled Regulation (EC) No 1107/96 insofar as it
registered the name ‘Feta’ as a protected designation of
origin. The Court considered that the Commission ‘did

(1) OJ L 208, 24.7.1992, p. 1. Regulation last amended by Commission
Regulation (EC) No 2796/2000 (OJ L 324, 21.12.2000, p. 26).

amending

(5) Commission Regulation (EC) No 1070/1999 of 25 May
1999
(EC)
the Annex
No 1107/96 (3) accordingly deleted the name ‘Feta’ from
the said Annex and from the register of protected desig-
nations of origin and geographical indications.

to Regulation

(6) Next, on 15 October 1999, the Commission sent each of
the Member States a detailed questionnaire intended to
provide an exhaustive updated picture of the situation
in all the Member States with regard to the production
and consumption of ‘Feta’ and the knowledge of the term
professed by Community consumers.

(7) With regard to the production of

‘Feta’ cheese,

the
Member States were asked to describe the situation as
regards the following factors: the existence of national
the conditions in
rules or specific codified practices,
which production was commenced (in particular
the
objectives sought, whether the initiative was private or
public, the markets and the consumer profile targeted),
the quantities produced each year, the final destination
of
the relevant
trademarks used.

the product, and the exact names of

(8) With regard to the consumption of

the
Member States were asked to describe the situation as
regards the following factors: the existence of rules on
the marketing of this cheese, the quantities consumed
each year,
cheese
consumed, and the specific labels present on the market.

‘Feta’ cheese,

geographic

origin of

the

the

(2) OJ L 148, 21.6.1996, p. 1.

(3) OJ L 130, 26.5.1999, p. 18.

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(9) With regard to consumer knowledge of the name ‘Feta’,
the Member States were asked to describe the situation as
regards the following factors: definitions of this term, in
particular in general works such as dictionaries and ency-
clopaedias, relevant demoscopic studies or surveys, and
any other additional information.

increased tremendously,
‘Feta’ cheese in 1975, output
from 9 868 tonnes in 1975 to a peak of 110 932
tonnes in 1989. Since 1995, output has fallen steadily,
and amounted to only 27 640 tonnes in 1998,
largely
in demand from third countries and the
due to a fall
gradual reduction in export refunds for this type of
cheese. Danish production is almost exclusively made
from cow's milk.

(10) The Commission summarised the information received
overall and by Member State, and the Member States
subsequently made
and
amendments.

a number of

corrections

of

laying

definitions

down precise

(11) The information shows that in 12 Member States the
production of ‘Feta’ cheese is not governed by specific
rules
quality,
production methods or, where applicable, geographical
areas of production. In Greece, production practices for
‘Feta’ cheese have been codified in increasingly specific
terms since 1935, and the definition of the geographical
area of production, traditionally based on consistent and
equitable practices, was protected in 1988. Legislation on
the quality specifications
complied with in
producing ‘Feta’ cheese has existed in Denmark since
1963 and was in force in the Netherlands between
1981 and 1998. It should also be noted that the term
‘Feta’ appears in Community rules on export refunds for
milk and milk products and the combined customs
nomenclature. These rules
relate to customs matters
alone and seek neither to interpret consumer opinion
nor regulate industrial property rights, nor do they have
any bearing on the name under which the cheese
concerned is actually marketed, which depends exclusively
on considerations related to consumer expectations in the
various countries of destination concerned.

to be

(12) Production of ‘Feta’ cheese, as defined in the combined
in Luxembourg
customs nomenclature,
and Portugal. It is, or has been, statistically and econ-
omically marginal or sporadic in nine other Member
States: Italy, Belgium, Finland, Austria, Ireland, Sweden,
the United Kingdom, the Netherlands and Spain.

is non-existent

cheese

(13) However, production of Feta cheese has been found to be
substantial
in four Member States. Greece has been
times, almost
producing ‘Feta’
since ancient
exclusively for the Greek market. Official statistics going
back to 1931 indicate an output of 25 000 tonnes, and
production has now reached around 115 000 tonnes a
is
year. In Greece, cheese bearing the designation ‘Feta’
made exclusively from ewe's milk or from a mixture of
ewe's and goat's milk.

(14) Denmark has been producing ‘Feta’ cheese since the
1930s, almost exclusively for
export. No data are
available before 1967, when 133 tonnes were produced.
Output exceeded 1 000 tonnes in 1971 and, when the
Community began granting export refunds on exports of

(15) France began producing ‘Feta’ cheese in 1931. No data are
available before 1980, when 875 tonnes were produced.
From 1988 to 1998 output varied between 7 960 tonnes
and 19 964 tonnes. Originally manufactured to meet
demand from France's Armenian and Greek communities,
‘Feta’ cheese is now produced for export, with 77,5 % of
output on average going to the other Member States and
the rest of the world. The French production is based on
the utilisation, principally, of ewe's milk, and to a lesser
extent, cow's milk.

(16) Germany has been producing ‘Feta’ cheese since 1972
(when production of 78 tonnes was recorded). In 1977
production exceeded the 5 000 tonne mark, just topped
15 000 tonnes in 1980 and reached 24 000 tonnes in
1985, since when it has oscillated between 19 757 and
39 201 tonnes. Originally,
the only market was the
Balkan immigrant communities within Germany, but
exports gradually developed to Middle Eastern countries
and the Balkans (mainly owing to export refunds) and to
other Member
almost
exclusively uses cow's milk.

States. German

production

(17) It should be pointed out that the above figures, which are
based on data provided by the Member States on their
own output, should be treated as purely indicative since
the absence of a specific legislative framework in almost
all the Member States, along with the very general defi-
nition of the term ‘Feta’ in the combined customs nomen-
clature, sometimes leads to rather approximate estimates,
and cross-comparisons of responses produce statistically
find it
Indeed, many Member States
divergent data.
difficult
to distinguish between domestic output and
re-exports, which may unduly inflate the figures.

(18) As regards Member States' legislation on the consumption
of ‘Feta’ cheese, as a general rule only the Community and
national provisions relating to cheeses in general apply to
marketing, presentation and labelling. Only Greece and
Denmark have specific detailed legislation on these
aspects, while Austria confines the name ‘Feta’ to Greek
products, by virtue of its 1971 bilateral agreement with
Greece.

(19) As regards the volume of consumption of ‘Feta’

Community,

analysis of

the

replies

given by

in the
the

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legal

consumption

some Member

that name, either because of

Member States shows that a broad estimate calculated by
adding the quantities of
‘Feta’ cheese produced and
imported, and subtracting the quantities exported, has
proved inadequate in some cases and has even produced
anomalous results in others: since it is impossible to take
account of existing stocks, quantities re-exported and
other factors, the calculation has resulted in theoretically
negative
States.
in
‘Feta’ cheese as defined in the combined
Furthermore,
systematically marketed
customs nomenclature is not
under
restrictions
reserving the use of
the term to products that meet
certain more specific requirements, or for commercial
reasons which tend to prefer distinct names which are
recognised by the consumers for whom the cheese is
intended. Despite the relative uncertainty caused by this
state of affairs, the replies sent by the Member States
suggest
European
Community it accounted for some 92 % of Community
consumption of ‘Feta’. While consumption has gradually
increased in the other Member States since then, Greece
still accounts for about 73 % of Community consumption
of ‘Feta’. A breakdown of consumption in each Member
State shows that annual consumption of ‘Feta’ cheese per
person in Spain, Luxembourg, Portugal,
Italy and the
Netherlands is no more than 0,010 kg, or 0,08 % of
Community
the United
Kingdom, Austria, France, Sweden, Belgium and Finland,
annual consumption of ‘Feta’ cheese per person varies
between 0,040 kg and 0,150 kg, or between 0,32 %
and 1,22 % of Community consumption. It is 0,290 kg
(2,36 %) in Germany and 0,700 kg (5,0 %) in Denmark,
as compared to 10,500 kg (85,64 %) in Greece.

that when Greece

consumption.

Ireland,

joined

the

In

sent

show that

(21) General reference works such as dictionaries and encyclo-
in by the
paedias, and specialised publications
Member States,
the term ‘Feta’ does not
appear in Italian- and Portuguese-language works, while
all Greek-, Spanish- and Dutch-language publications refer
exclusively to a Greek cheese made from ewe’s and goat’s
milk. Swedish works refer to a cheese of Greek origin
made from ewe’s and goat’s milk, which is now also
produced in other Member States
from cow’s milk,
Denmark and Sweden being mentioned in particular. In
Danish-language works, reference is made predominantly
to a Greek cheese made from ewe's and goat's milk, but
also to a cheese made in Denmark and the Balkans, and
even without any specific geographical reference. Finnish
works refer solely to a Greek cheese or cheese of Greek
origin made from ewe's milk or from ewe's milk and
goat's milk, with the exception of one work which
states no geographical origin. German works refer to a
cheese produced in Greece and most of the countries of
south-east Europe, and in overseas countries. Fourteen out
of the 17 French-language works forwarded refer to a
Greek cheese made from ewe's milk and/or goat's milk,
while one work refers to a cheese produced in Greece and
in the Balkans, one to a cheese of Greek origin widely
imitated in Europe, and one to a Greek cheese made from
ewe's milk and goat's milk, the production of which has
spread to other countries in the same region, and more
recently to the rest of Europe and to North America,
using cow's milk. Of the English-language works, four
refer to a cheese made with ewe's milk, especially in
Greece, four others refer to a Greek cheese made from
ewe's milk or goat's milk, one refers to a cheese orig-
inating in Greece and the Middle East,
traditionally
from ewe's milk or goat's milk, but now
made
sometimes also made with cow's milk, two works refer
to ‘Feta’ as a cheese originating in Greece, made from
ewe's or goat's milk, now produced in other countries,
though still most often as an ingredient in Greek dishes,
one work refers to production of ‘Feta’ in New Zealand,
Bulgaria, Yugoslavia, Cyprus, Denmark and Greece, the
country of origin, one work refers to a cheese made in
Greece and in the Balkans, another refers to a Greek
cheese made from ewe's or goat's milk, but made from
cow's milk in the United States, and four works suggest
that a cheese made by the ancient Greeks was the direct
forerunner of the ‘Feta’ cheese made in Greece today. In
all languages, the way the definition of ‘Feta’ cheese has
evolved over time has not diminished the association and
identification with Greece.

cheeses

actually bearing the name

(20) According to the information sent by the Member States,
‘Feta’ on
those
Community territory generally make explicit or implicit
reference to Greek territory, culture or tradition, even
when produced in Member States other than Greece, by
adding text or drawings with a marked Greek conno-
tation. The link between the name ‘Feta’ and Greece is
thus deliberately suggested and sought as part of a sales
strategy that capitalises on the reputation of the original
product, and this creates a real
risk of consumer
confusion. Labels for ‘Feta’ cheese not originating in
Greece but actually marketed in the Community under
that name without making any direct or
indirect
allusion to Greece are in the minority and the quantities
of cheese actually marketed in this way account for a very
small proportion of the Community market.

(22) All the information forwarded by the Member States was
also forwarded to the Scientific Committee, hereinafter
referred
a
issued
unanimous opinion on the matter on 24 April 2001.

‘the Committee’, which

to

as

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(23) The Committee began by stating that ‘(. . .) a designation
of origin or geographical indication can be considered as
having become the common name of a product only
when there is in the relevant
territory no significant
part of the public concerned that still considers the indi-
cation as a geographical
indication (. . .); as regards the
territory where the transformation must have occurred,
the situation in the European Community as a whole
must be considered, given the Community-wide scope
of the Regulation and the consideration of the European
Community as comprising a single market. Therefore, it is
not possible to consider exclusively or primarily the
situation in individual Member States
in isolation.
Article 3 of the Regulation provides for consideration of
the Member States of
the Member State of origin,
including
consumption and the other Member States,
pertinent Community and national
(. . .) As
legislation.
regards
assessment will
concerned,
depend on the kind of product and the public to which
that product is addressed. In the present case, the product
being a cheese for consumption primarily by the final
consumer (but also by commercial purchasers, such as
the general public is
restaurants,
is with regard to the general
relevant. Therefore,
public that
the designation or indication in question
must have lost its original geographical meaning. In deter-
the general public perception is, both
mining what
“direct” measurements are relevant,
such as opinion
polls and other surveys, and “indirect” measurements,
such as the level of production and consumption, the
kind and nature of
the kind and
nature of advertising employed with regard to such
products, use in dictionaries, etc.’

food factories, etc.),
it

labelling employed,

the public

the

(24) Turning to the production of ‘Feta’ cheese, the Committee
noted that production in Greece represents 60 % of total
Community production of
this cheese, and 90 % of
Community production from ewe's and goat's milk;
‘Feta’ cheese produced from cow's milk represents 34 %
of total Community production, and is largely destined for
third countries.

(26) The Committee noted incidentally that

‘a significant
proportion of production outside Greece is exported to
non-member countries and has no influence on the
situation of the designation “Feta” in the single market’
and that ‘the absence of production and consumption in a
number of Member States does not affect the generic or
non-generic nature of the designation’.

(27) Turning to the analysis of

the relevant national and
Community legislation, the Committee observed that 12
Member States do not have specific legislation and the
general Community and national rules on cheeses apply
to ‘Feta’. It noted that Greece has had rules on ‘Feta’ since
1935 and Denmark since 1963, and that Austria reserves
for the Greek product under a
the designation ‘Feta’
bilateral agreement of 1971.

(28) As regards the methods for marketing ‘Feta’ cheese in the
Community, the Committee noted that the consumer is
offered ‘two products, with differing compositions and
organoleptic characteristics, under the same designation’.
The Committee pointed out that labels for ‘Feta’ cheese
not originating in Greece make direct or
indirect
references to Greece, implying that the term ‘Feta’ is not
used as a ‘common name, without any geographical
significance, synonymous with white cheese (of ewe's or
cow's milk) in brine’ (. . .); according to the Committee,
‘Feta’
is ‘generally present(ed) as being of Greek origin
(. . .)’.

(29) The Committee concludes unanimously that the desig-
the

is non-generic,

in particular

for

nation ‘Feta’
following reasons:

the

that

Committee

(25) As regards consumption,
the Committee stressed that
‘Feta’ cheese actually takes
73 % of consumption of
place in Greece, where annual consumption is 10,5 kg
per person, as against 1,76 kg in the rest of the EU.
‘Feta’
Although
conceded
consumption is certainly much higher
in
Denmark and Germany, it is still 15 times and 36 times
lower than in Greece,
respectively. According to the
‘Feta’ consumption as a proportion of total
Committee,
per capita consumption of cheese is also significant:
in
is consumed per
Greece in particular 10,5 kg of ‘Feta’
person per year out of an annual consumption of
14 kg of cheese;
in Denmark that ratio is 0,7 kg of
‘Feta’ to 15 kg of cheese; in France, 0,13 kg of ‘Feta’ to
20 kg of cheese; in Germany, 0,29 kg of ‘Feta’ to 19 kg
of cheese.

than this

(30) Production and consumption of ‘Feta’ are heavily concen-
trated in Greece. The products produced in other Member
States (Germany, Denmark and France), possibly bearing
the name ‘Feta’, are primarily produced from cow's milk,
using different
technology, and are exported in large
quantities to non-member countries. It cannot therefore
be concluded that the designation ‘Feta’ is generic, since
dominant on the
the original Greek product
Community market.
in
those Member States that are not significant producers
and consumers, the designation ‘Feta’ could not be said
to have become generic since the word is not used as a
common name. In consumers' perception the name ‘Feta’
always evokes a Greek origin and therefore is not
something which has become a common name and
hence generic in the Community.

It should also be noted that

is

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the Scientific Committee notes that

(31) With regard to the relevant national and Community
legislation,
in the
majority of Member States there is no specific legislation
or rules for the product concerned. Only Greece and
Denmark have specific legislation. The Danish legislation
permitting the production of a product called ‘Danish
Feta’ differs significantly from the Greek legislation with
regard to technical matters (use of ultrafiltered cow's
than ewe's and goat's milk and the use of
rather
In addition, Denmark has
additives
provided no proof
the designation ‘Feta’ had
become a common name that could be used with the
name of
the
time when that Member State permitted its use (1963).
its generic nature has been
Similarly, no proof of
provided for the subsequent period.

the producing country (‘Danish Feta’) at

until 1994).

that

(32) The fact that the designation ‘Feta’ is used in the common
customs nomenclature or in Community legislation on
export
refunds has no influence on the perception,
knowledge and protection in the single market of the
designation concerned,
legislation is not
since
relevant in this context.

that

the

scientific

economic,

analysis of
social,

(33) The Commission has taken note of the advisory opinion
of the Scientific Committee. It takes the view that the
legal, historical,
exhaustive overall
political,
cultural,
and
technical
information notified by the Member States or
resulting from investigations undertaken or sponsored by
the Commission leads to the conclusion that in particular
none of the criteria required under Article 3 of Regulation
(EEC) No 2081/92 to show that a name is generic have
been met, and that consequently the name ‘Feta’ has not
become the ‘the name of an agricultural product or a
foodstuff which, although it relates to the place or the
region where this product or foodstuff was originally
produced or marketed, has become the common name
of an agricultural product or a foodstuff’.

(34) Since the term ‘Feta’ has not been established as generic,
the Commission has verified, in accordance with Article
the
17(2) of Regulation (EEC) No 2081/92,
application by the Greek authorities for the name ‘Feta’
to be registered as a protected designation of origin
complies with Articles 2 and 4 thereof.

that

(35) The name ‘Feta’

is a traditional non-geographical name
within the meaning of Article 2(3) of Regulation (EEC)
No 2081/92. The terms ‘region’ and ‘place’ mentioned in
that provision may be interpreted only from a geomor-
phological and non-administrative viewpoint,
insofar as
the natural and human factors
in a given
product are likely to transcend administrative borders.

inherent

Under the above Article 2(3), however, the geographical
area inherent in a designation may not cover an entire
country. In the case of the name ‘Feta’, it has therefore
been noted that the defined geographical area referred to
in the second indent of Article 2(2)(a) of Regulation (EEC)
No 2081/92 covers only the territory of mainland Greece
and the department of Lesbos; all other islands and archi-
pelagos are excluded because the necessary natural and/or
human factors do not apply there. Moreover, the adminis-
trative definition of the geographical area has been refined
and developed, since the product specification submitted
by the Greek authorities contains mandatory cumulative
requirements: in particular, the area of origin of the raw
material has been substantially limited since the milk used
to produce ‘Feta’ cheese must come from ewes and goats
of local breeds reared traditionally, whose feed must be
based on the flora present
in the pastures of eligible
regions.

(36) The geographical area covered by the administrative defi-
nition and meeting the requirements of the product spec-
ification is sufficiently uniform to meet the requirements
of Articles 2(2)(a) and 4(2)(f) of Regulation (EEC) No
2081/92. Extensive grazing and transhumance, central
to the method of keeping the ewes and goats used to
provide the raw material for making ‘Feta’ cheese, are
the result of an ancestral tradition allowing adaptation
to climate changes and their impact on the available
vegetation. This has led to the development of small
native breeds of sheep and goats which are extremely
tough and resistant, fitted for survival in an environment
that offers little food in quantitative terms but, in terms of
quality,
is endowed with an extremely diversified flora,
thus giving the finished product its own specific aroma
and flavour. The interplay between the above natural
factors and the specific human factors, in particular the
traditional production method, which requires straining
without pressure, has
its
remarkable international reputation.

thus given ‘Feta’

cheese

(37) Since the product specification submitted by the Greek
authorities includes all the information required under
Article 4 of Regulation (EEC) No 2081/92, and the
formal analysis of
that specification has not revealed
any obvious error of assessment, the name ‘Feta’ should
be registered as a protected designation of origin.

(38) Regulation (EC) No 1107/96 should therefore be amended

accordingly.

(39) The Committee established under Article 15 of Regulation
(EEC) No 2081/92 has not delivered an opinion within
the time limit set by its chairman,

29.10.2002

EN

Official Journal of the European Communities

C 262 E/291

HAS ADOPTED THIS REGULATION:

Article 1

The name ‘Φέτα’ (Feta) shall be included in the register of
1.
protected designations of origin and geographical
indications
provided for in Article 6(3) of Regulation (EEC) No 2081/92 as
a protected designation of origin (PDO).

The name ‘Φέτα’ shall be added to Part A of the Annex to
2.
Regulation (EC) No 1107/96 under the heading ‘Cheeses’,
‘Greece’.

Article 2

This Regulation shall enter into force on the day of its publi-
cation in the Official Journal of the European Communities.

This Regulation shall be binding in its entirety and directly
applicable in all Member States.