Geography Reference
In-Depth Information
the PDO if they were carried out in conditions that result in a product not
possessing the organoleptic qualities expected. Those operations may also
compromise the guarantee of the product's authenticity, because they neces-
sarily involve removal of the mark of origin of the whole hams used. Con-
sequently, the Court ruled that the condition of slicing and packaging in the
region of production, whose aim was to preserve the reputation of Parma ham
by strengthening control over its particular characteristics and its quality, may
be regarded as justified as a measure protecting the PDO which may be used by
all the operators concerned and is of decisive importance to them. The resulting
restriction was therefore regarded as necessary for attaining the objective
pursued, in that there were no alternative less restrictive measures capable of
attaining it.
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Finally, it concluded that the PDO 'PROSCIUTTO DI PARMA' would not
receive comparable protection from an obligation imposed on operators estab-
lished outside the region of production to inform consumers, by means of
appropriate labelling, that the slicing and packaging has taken place outside
that region. Therefore, any deterioration in the quality or authenticity of ham
sliced and packaged outside the region of production, resulting from materiali-
sation of the risks associated with slicing and packaging, might harm the
reputation of all ham marketed under the PDO, including that sliced and
packaged in the region of production under the control of the group of
producers entitled to use the PDO.
6. Raw materials
Article 5(3) provides that (notwithstanding Art 51), certain names shall be
treated as designations of origin even though the raw materials for the products
concerned come from a geographical area larger than, or different from, the
defined geographical area, provided that:
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(a) the production area of the raw materials is defined;
(b) special conditions for the production of the raw materials exist;
(c) there are control arrangements to ensure that the conditions referred to in point (b)
are adhered to; and
(d) the designations of origin in question were recognised as designations of origin in
the country of origin before 1 May 2004.
Article 5(3) provides that only live animals, meat and milk may be considered as
raw materials for the purposes of this paragraph.
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