Promoting the ‘Elia Kalamatas’ PDO and compensation for loss of earnings

Subject: Promoting the ‘Elia Kalamatas’ PDO and compensation for loss of earnings

‘Elia Kalamatas’ is an EU registered PDO product with reference number PDO-GR-00301, 21/06/1996.

The CHAFEA-funded ‘Olive you’ programme, which ran from 2017 to 2020, comprised four projects to promote the ‘Kalamata olives’ brand as a simple variety of olives in 13 countries.

On its official website, the programme presents the protected geographical indication ‘Elia Kalamatas’ or ‘Kalamata olives’ simply as the name of a variety of olives.

1. Does European funding of the Olive you programme to promote non-PDO table olives as ‘Kalamata olives’, without a detailed explanation regarding protection of the term ‘Kalamata’ as a European geographical indication, constitute an infringement of EU law, in particular Article 13 of Regulation (EC) No 1151/2012?

2. How can consumer confusion and exploitation of the reputation of the ‘Elia Kalamatas’ PDO caused by the Olive you programme be addressed, since the programme promoted ‘Kalamata olives’ simply as a variety of olives, whereas in the Commission’s press release 20/4/2020 the term ‘Elia Kalamatas’ is referred to as a European product with a protected geographical indication?

3. How will producers of ‘Elia Kalamatas’ PDO be compensated for the confusion among international consumers and exploitation of its reputation by the EU-subsidised Olive you programme?

1 https://ec.europa.eu/info/food-farming-fisheries/food-safety-and-quality/certification/quality-

labels/geographical-indications-register/#

Answer given by Mr Wojciechowski on behalf of the European Commission (25 June 2021)

The promotion programmes referred to by the Honourable Member were selected (2) following the publication of the 2016 Call (3). They aim at increasing consumer awareness of table olives, the applicable quality and safety standards, and the quality and taste of the selected olive varieties (Konservolia, Chalkidiki, Kalamata and Throuba).

The promotion programme targeting the internal market was submitted under Topic 2 of the call for proposals, which is dedicated to highlighting specific features of agricultural methods and the characteristics of products. Proposals for increasing the awareness and recognition of the protected designation of origin (PDO) scheme would be eligible under Topic 1 of the call for proposals.

For the three programmes targeting third countries submitted under topics 5, 8 and 9, promotion of Union quality schemes would have been a possibility, but was not proposed.

Concerning the relation between the PDO and the varietal, the PDO Ελιά Καλαμάτας (Elia Kalamatas) referred to table olives produced in a specific area from the Kalamon variety, which is also known by its synonym Kalamata. This variety is grown extensively, within and outside Greece, outside the delimited area of the PDO.

To respect the rights, both of operators marketing PDOs and of those marketing specific varieties, the EU has laid down (4) that the varietal term can be used provided: (a) the product is derived from the variety; (b) consumers are not misled; (c) the usage constitutes fair competition and does not exploit the reputation of the PDO.

Further, only the PDO can be described by the specific registered name Ελιά Καλαμάτας (Elia Kalamatas), and accompanied by the EU PDO logo, which allows consumers to identify the originating PDO product on the market.

⋅1∙ https://ec.europa.eu/info/food-farming-fisheries/food-safety-and-quality/certification/quality-labels/geographical-indications-register/#

⋅2∙ https://ec.europa.eu/info/sites/default/files/food-farming-fisheries/key_policies/documents/c-2016-7319-commission-decision_en.pdf

https://ec.europa.eu/info/sites/default/files/food-farming-fisheries/key_policies/documents/c-2016-73 9-annex_en.pdf

⋅3∙ https://eur-lex.europa.eu/legal-content/en/TXT/PDF/?uri=OJ:JOC_2016_041_R_0003

⋅4∙ Article 42 of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs OJEU L 343,

14.12.2012, p.1.