Protecting the ‘Elia Kalamatas’ PDO

Subject: Protecting the ‘Elia Kalamatas’ PDO

The Joint Ministerial Decision (JMD) 331/20735/2018 (Government Gazette 648/B/26.2.2018)1 by the Greek Ministry of Rural Development and Food (MRDF) introduced the EU protected geographical indication term ‘Kalamata’ as a synonym of the ‘Kalamon’ olive variety in the Greek Variety Register, making it generic for non-PDO table olives, 22 years after the PDO ‘Elia Kalamatas’ was registered. In the EU Fruit Reproductive Material Information System (FRUMATIS), the MRDF has listed ‘Kalamata’ as a synonym of the ‘Kalamon’ variety since 2016.

In 2018, the producers of ‘Elia Kalamatas’ PDO lodged an appeal with the Council of State, the Supreme Administrative Court of Greece, and are awaiting a date for a hearing. Since 2015 they have sought the assistance of the Commission through parliamentary questions E-002829/2015, E- 000459/2017, Ε-005399/2017 and E-004397/2020.

In light of the above:

1. Is registering the protected geographical indication ‘Kalamata’ in the Greek Variety Register and in FRUMATIS as a generic term, synonymous with an olive variety, without the producers’ approval an infringement of Article 13(2) of Regulation No 1151/2012 and Article 2(2) of Regulation No 637/2009?

2. What will the Commission do to protect the ‘Elia Kalamatas’ PDO against non-PDO products from European and third countries that use the brand name ‘Kalamata olives’, which is confusing and takes advantage of the reputation of the ‘Elia Kalamatas’ PDO?

1 https://www.e-nomothesia.gr/kat-agrotike-anaptukse/georgia/koine-upourgike-apophase-331-20735-

2018.html

Answer given by Mr Wojciechowski on behalf of the European Commission (7 July 2021)

Member States are responsible for entering variety denominations of fruit plants, including olive trees, in the FRUMATIS (2) database in accordance with accepted international guidelines (3) and their applicable national legislation. Regulation (EC) No 637/2009 referred to by the Honourable Member lays down rules regarding variety denominations of agricultural plant species and vegetable species (4), but is not applicable to fruit plants, such as olive trees. The ‘kalamon’ variety also known by its synonym ‘kalamata’ has been grown extensively within Greece outside the geographical area reserved to ‘Ελιά Καλαμάτας/Elia Kalamatas’ PDO (protected designation of origin), as well as in other countries, since before the registration of the PDO.

Coexistence between a varietal name and a name designated as a PDO is governed by Regulation (EU) No 1151/2012 (5). According to Article 6(1), it would not have been possible to register a PDO that conflicted with a varietal name had it been found that consumers would have been misled. Having registered the PDO, Article 42 lays down that the varietal name can be used on non- PDO products provided the product is derived from the variety; consumers are not misled; and the usage constitutes fair competition and does not exploit the reputation of the PDO. Furthermore, only the PDO can be described by the registered name and accompanied by the EU logo, allowing consumers to identify the authentic PDO on the market.

In sum, nothing in the registration of ‘Ελιά Καλαμάτας/Elia Kalamatas’ PDO prevents the correct usage of ‘kalamon’ or ‘kalamata’ to designate olives of that variety. Member States where this variety is commercially grown (outside the designated PDO area) are competent to notify the same in the FRUMATIS database.

⋅1∙ https://www.e-nomothesia.gr/kat-agrotike-anaptukse/georgia/koine-upourgike-apophase-331-20735-2018.html

⋅2∙ https://ec.europa.eu/frumatis/

⋅3∙ See Article 7(3) of Directive 2008/90/EC.

⋅4∙ Commission Regulation (EC) No 637/2009 of 22 July 2009 establishing implementing rules as to the suitability of the denominations of varieties of agricultural

plant species and vegetable species.

⋅5∙ Articles 6 and 42 of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricul tural products and foodstuffs,

OJ L 343, 14.12.2012, p. 1‐29.