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9.8.2011 Official
Journal
of
the
European
Union L
204/19
COMMISSION REGULATION (EU) No 794/2011
of 8 August 2011
approving amendments to the specification for a name entered in the register of protected
designations of origin and protected geographical indications (Parmigiano Reggiano (PDO))
THE EUROPEAN COMMISSION,
Commission must adopt a decision in accordance with
the procedure laid down in the third subparagraph of
Article 7(5) and in Article 15(2) of Regulation (EC) No
Having regard to the Treaty on the Functioning of the European
510/2006.
Union,
(7) In
point
3.6
of
the
single
document,
Italy
states
that
the
Having regard to Council Regulation (EC) No 510/2006 of
said obligation ‘is required because the marks identifying
20 March 2006 on the protection of geographical indications
“Parmigiano Reggiano” on the whole cheese are lost or
and designations of origin for agricultural products and
not visible on the grated or portioned product, making it
foodstuffs (
necessary to guarantee the origin of the pre-packaged

1 ), and in particular Article 9(2) thereof,
product. It is also required because of the need to
guarantee that the cheese is packaged quickly after
Whereas:
portioning using appropriate methods to prevent the

cheese being dehydrated, oxidised or losing its original
“Parmigiano Reggiano” organoleptic characteristics.
Cutting into the cheese wheel deprives the cheese of
(1) Pursuant
to
Article
6(2)
of
Regulation
(EC)
No
510/2006,
the natural protection provided by the crust which,
Italy’s application for approval of amendments to the
being itself highly dehydrated, insulates the cheese very
specification for the name ‘Parmigiano Reggiano’ was
well against the ambient air.’
published in the Official Journal of the European Union ( 2 ).
(8) In
the
Commission’s
view,
such
a
reason,
designed
to
(2) Belgium,
Denmark
and
the
Association
des
Importateurs
ensure the origin of the product in question, ensure
de fromage registered in Basel, Switzerland, objected to
optimum control thereof and preserve the product’s
the registration pursuant to Article 7(1) of Regulation
physical and organoleptic quality is not vitiated by any
(EC) No 510/2006. The objections by Belgium and
manifest error of judgement on the part of the Italian
Denmark were deemed admissible under points (a) and
authorities.
(c) of the first subparagraph of Article 7(3) of that Regu
lation. The objection by the Association des Importateurs
de fromage was deemed inadmissible on the grounds of
its having been submitted after the deadline.
(9) Belgium,
furthermore,
in
its
objection
cited
Article
7(3)(c)
of Regulation (EC) No 510/2006. Pursuant to that
Article, statements of objection are admissible if they
‘show that the registration of the name proposed
(3) By
letters
dated
30
October
2009
the
Commission
would jeopardise […] the existence of products which
invited the interested parties to hold appropriate consul
have been legally on the market for at least 5 years
tations.
preceding the date of the publication provided for in
Article 6(2).’
(4) Denmark’s
objection
concerned
the
lack
of
justification
for the obligation henceforth for cheese bearing the name
(10) Belgium
failed
to
provide
concrete
evidence
of
potential
‘Parmigiano Reggiano’ to be portioned, grated and
damage arising to Belgian undertakings from the entry
packaged within the defined geographical area.
into force of the amendments to the specification.
Following clarifications provided by Italy in the said
consultations, Denmark withdrew its objection.
(11) It
is,
nonetheless,
public
knowledge
that
there
are
actually
companies outside the defined geographical area engaged
(5) Belgium’s
objection
also
concerned
the
lack
of
justifi
in portioning and/or packaging cheese bearing the name
cation of such an obligation to portion, grate and
‘Parmigiano Reggiano’. Article 13(3) of Regulation (EC)
package cheese bearing the name ‘Parmigiano Reggiano’
No 510/2006 in this connection permits a transitional
within the defined geographical area.
period of up to 5 years where a statement of objection
has been declared admissible on the grounds that regis
tration of the proposed name would jeopardise the
(6) Given
that
no
agreement
was
reached
between
Belgium
existence of products which have been legally on the
and Italy within a time limit of 6 months, the
market for at least 5 years preceding the date of the
publication provided for in Article 6(2) of that Regu
( 1 ) OJ L 93, 31.3.2006, p. 12.
lation. Having regard in particular to ongoing contractual
( 2 ) OJ C 87, 16.4.2009, p. 14.
obligations and the need to adapt the market

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L 204/20
EN
Official Journal of the European Union
9.8.2011
progressively following the amendments to the specifi
HAS ADOPTED THIS REGULATION:
cation for the name ‘Parmigiano Reggiano’, operators not
established in the geographical area defined in the spec
Article 1
ification should be allowed a transitional period of 1 year
in so far as they were legally engaged in portioning and
The amendments to the specification published in the Official
packaging ‘Parmigiano Reggiano’ outside the defined
Journal of the European Union on 16 April 2009 regarding the
geographical area for at least 5 years prior to 16 April
name in the Annex to this Regulation are hereby approved.
2009. The duration of that transitional period is the
same as that granted by Italy to operators engaged in
Article 2
portioning and packaging operations on its territory
but outside the defined geographical area.
A transitional period of 1 year is introduced for operators not
established within the geographical area defined in the specifi
cation for the name ‘Parmigiano Reggiano’ and who were legally
(12) In the light of the above, the amendments should be
engaged in the portioning and packaging of cheese bearing the
approved and a transitional period of 1 year introduced.
name ‘Parmigiano Reggiano’ outside the said defined
geographical area for at least 5 years prior to 16 April 2009.
(13) The
measures
provided
for
in
this
Regulation
are
in
Article 3
accordance with the opinion of the Standing
Committee on Protected Geographical Indications and
This Regulation shall enter into force on the 20th day following
Protected Designations of Origin,
its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 8 August 2011.
For the Commission
The President
José Manuel BARROSO
ANNEX
Products listed in Annex I to the Treaty, intended for human consumption:
Class 1.3 Cheeses
ITALY
Parmigiano Reggiano (PDO)

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