Registers for the protection of geographical indication products

Subject: Registers for the protection of geographical indication products

The European quality schemes for agricultural products and foodstuffs are one of the EU policies that support regional production. The Lisbon Agreement, to which France, the Czech Republic, Bulgaria, Hungary, Portugal, Italy and Slovakia are parties, is still in force.

On 2 February 2017, the Commission informed Bulgaria that it was not allowed to maintain parallel registers for geographical indication products. The reason for Bulgaria doing this is to protect products such as Bulgarian yoghurt, Bulgarian white brined cheese and other products protected within the framework of the Lisbon Agreement but not under Regulation (EU) No 1151/2012. Has the Commission taken any such step in relation to the other Member States whose products are also protected under the Lisbon Agreement? What is the Commission’s view on the possibility of the EU becoming a party to the Lisbon Agreement?

Answer given by Mr Hogan on behalf of the Commission

(13 April 2018)

On 26 January 2018 the Commission launched an infringement procedure under Article 258 of the Treaty on the Functioning of the European Union (TFEU) against Bulgaria for maintaining a national registration system of protection for geographical indications for foodstuffs after its accession to the EU (1). The Commission takes the view that a national system is not compatible with EU rules on quality schemes for agricultural products and foodstuffs (2). This regulation, according to consistent case law of the Court of Justice, since its ruling in Case C-478/07 Budvar, provides for a uniform and exhaustive system of protection for geographical indications falling within its scope. The Commission is not aware of other Member States maintaining a parallel registration system for geographical indications falling within the scope of Regulation (EU) No 1151/2012 and is therefore not considering taking any such steps against other Member States.

The Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications, adopted on 20 May 2015 now allows international organisations such as the EU to join. The Commission published a roadmap on potential EU accession (3) and is now examining a possible proposal to this end.

⋅1∙ MEMO-18-349.

⋅2∙ Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs,

OJ L 343, 14.12.2012.

⋅3∙ https://ec.europa.eu/info/law/better-regulation/initiatives/ares-2017-6308027_en