The Debate Between the European Parliament and the Commission on the Definition of Protected Designation of Origin: Why the Parliament Is Right

Abstract

On 1 June 2018 the EU Commission presented a Proposal for the reform of the EU CAP, including different aspects of the EU sui generis GI rules. In particular, this Institution has put forward an amendment to the definition of protected designations of origin (PDO), according to which the “human element” of the link between the product and the place, that has always been a key part of the concept of appellation of origin/PDO, should become optional, to be taken into consideration only “when relevant”. Allegedly, this amendment should enhance clarity and simplicity within the EU GI system. The present opinion disagrees and invites the Commission to reconsider the proposed reform. Indeed, on the one hand, this seems to be based on a disputable notion of the PDO origin link; on the other, it is likely to have a modest impact on the structure of the applications as the human element will always be relevant in order to establish a convincing terroir link. Thus, the goals that the Commission is determined to pursue – namely, the simplification of the system and the acceleration of the registration procedure – will hardly be achieved. More specifically, this opinion submits that this specific amendment concerning the definition of a PDO should not be included in the future reform of the EU Law of Geographical Indications because: (1) it is based on an idea of GI protection that was discarded with the introduction of the EU sui generis GI regime in 1992; (2) it adopts a disputable concept of terroir; (3) it could potentially weaken the foundations of PDO and makes it less justifiable with respect to third countries; and (4) it is apparently inconsistent with the recent reform of the Lisbon Agreement, that the Commission itself is endorsing and recommending to the EU Member States.