- 21/12/2015
- Posted by: Marta
- Category: News
In the Chamber, in the Assembly, in the session of 16 December 2015, the Minister of Agricultural, Food and Forestry Policies, Maurizio Martina, replied to question C3-01895, presented by Mario Catania (from the Civic Choice for Italy parliamentary group), on the subject 'Initiatives aimed at protecting Italian grappa, with particular reference to compliance with the bottling obligation in the production area '. The questioner was Minister of Agricultural Policies in the first Monti government.
In the inspection union act Mario Catania recalls in the introduction that grappa is an Italian spirit drink with a geographical indication registered in Annex III [Geographical indications] of Regulation (EEC) No 110/2008 of 15 January 2008 [concerning the definition, description, presentation, labeling and protection of geographical indications of spirit drinks and repealing Regulation (EEC) no. 1576/89 of the Council]. In Article 20 [Indications geographical stability] of this regulation, it is envisaged that, by 20 February 2015, for each geographical indication registered in Annex III, the Member States submit a technical file to the European Commission.
The decree n. 5389 of 1o August 2011 of the MiPAAF [Implementation of Article 17 of the Regulation (CE) n. 110/2008 of the European Parliament and of the Council, of 15 January 2008, concerning the definition, description, presentation, labeling and protection of geographical indications of spirit drinks - Technical data sheet of "Grappa"] contains the aforementioned sheet, providing that this denomination is exclusively reserved for marc brandy obtained from raw materials obtained from grapes produced and vinified in Italy, distilled and bottled in plants located on the national territory. However, the bottling obligation in the production area has never been applied since, since 2011, the Ministry continues to issue decrees deferring the entry into force of this obligation due to some perplexities raised by the European Commission. The forecast is strongly desired by producers in order to offer the necessary protection to a symbolic product of Made in Italy food which, if hesitated in bulk, risks being distorted, since, in addition to bottling, important real processing operations are allowed abroad, such as, for example, sweetening, refrigeration, filtration and dilution of the grappa, which risk altering the characteristics and quality of the national brandy.
The paradox is that even if all the aforementioned operations are carried out outside the Italian territory, the finished product obtained abroad can continue to boast the geographical indication "grappa". Moreover, the geographical indication "grappa" is subject to a very high risk of counterfeiting. The rulings of the Court of Justice on appellations of origin for wines and agricultural and food products, such as the ruling on wines Rioja (*) and those on Parma Ham and Grana Padano, have clarified how the measure that refers to packaging in the area of origin is entirely legitimate, where it is introduced in order to safeguard quality, guarantee origin and ensure control.
Finally, the questioner reminds the Executive that the same Parliament, through a resolution approved by the Agriculture Commission of the Senate of 29.10.2014, committed the Government "to take action in the competent European offices for the protection of the geographical indications of spirits also through the aid of the obligation of bottling in the place of origin where necessary ". Hence the request addressed to the Government to find out what initiatives it intends to promote to protect the national brandy and to implement the provision provided for in the grappa technical data sheet relating to the obligation of bottling in the production area.
This is Minister Martina's response. The MiPAAF has been committed for some time to better protect a valuable product such as grappa. The European Commission, since the notification of the ministerial decree n. 5389/2011, mentioned above, raised doubts on the technical data sheet relating to the geographical indication of grappa, in particular on the obligation of bottling in the production area which the Commission considers contrary to Article 35 of the Treaty on restrictions on free movement of goods. To settle the issue and not to incur a possible infringement procedure, the Ministry spoke at length with the European Commission, sending some dossier technicians to support our choice. Lastly, with a note dated 7.12.2015, the Commission repeated its position on the obligation of bottling in the area. In light of this situation, in agreement with the supply chain and with the professional organizations, the Executive is evaluating a proposal for a technical data sheet that provides for the realization of all the processing phases including the finished alcohol content in the production area. This is a solution that would allow the product to be able to circulate in bulk only after completing the entire production phase, including reaching the final alcohol content. An initiative that should be to ensure the quality of the productions avoiding possible fraudulent phenomena, due, in particular, to the phenomenon of dilution.
The questioner said he was satisfied.
-----
(*) It is worth reproducing to a large extent the conclusions of the judgment in case C-388/95. “It therefore appears that, for wines Rioja transported and bottled in the region of production, the controls are thorough and systematic, that the responsibility for these controls lies with the community of the producers themselves, who have a fundamental interest in the preservation of the acquired reputation, and that only the batches subjected to these controls can bear the "denomination of origen calificada". From these findings it can be inferred that the risk to the quality of the product finally offered for consumption is greater when the wine has been transported and bottled outside the region of production than if it has been transported and bottled within the said region. Therefore, it must be recognized that the contested condition, which is aimed at preserving the remarkable reputation of the wine Rioja by enhancing the control of its particular characteristics and its quality, it is justified as a measure to protect the "designation de calified origin”Enjoyed by the community of the producers concerned and which is of decisive importance for them. Finally, it must be recognized that the measure is necessary
to achieve the objective pursued, in the sense that there are no less restrictive alternative measures suitable for achieving it. In this regard, the "denomination of origen calificada”Would not be similarly protected if operators established outside the region of production were obliged to inform consumers, by means of adequate labeling, of the fact that bottling took place outside that region. In fact, the degradation of the quality of a wine bottled outside the region of production, due to the realization of the risks connected to the transport in bulk and / or the consequent bottling operation, could damage the reputation of all wines, sold with the "designation of certified origin" Rioja, including those bottled in the region of production under the control of the community benefiting from the appellation. More generally, the simple coexistence of two different bottling processes, inside or outside the production region, with or without systematic control by this community, could reduce the trust that the denomination enjoys among the consumers convinced that all stages of production of a renowned quality wines psr must be carried out under the control and responsibility of the community concerned ".
In Case C-388/95, the applicant was the Kingdom of Belgium, supported by the Kingdom of Denmark, the Kingdom of the Netherlands, the Republic of Finland, the United Kingdom of Great Britain and Northern Ireland, against the Kingdom of Spain, defendant and supported by the Republic Italian, Portuguese Republic, Commission of the European Communities. On the one hand, it defined countries essentially interested in trade and countries more suited to production. It means the adhesion of the Commission in defense of the Spanish theses.
Bruno Nobile
