Geography Reference
In-Depth Information
to optional quality terms, including in particular 'mountain products', Recital
(44) suggests that the Commission may adopt guidelines.
(a) Precursor legislation
The first optional quality term specifically identified in the Regulation is
'mountain product'. This had been the subject of litigation under Regulation
No 2081/92, which considered the relationship between that Regulation and
domestic legislation. Cases C-321/94, C-322/94, C-323/94 and C-324/94,
146
which concerned a number of criminal prosecutions under French legislation
which sought to protect the designation 'MOUNTAIN' for agricultural prod-
ucts.
147
The ECJ ruled that domestic legislation which prescribed conditions
governing the use, for agricultural products and foodstuffs, of the description
'mountain' could not be regarded as covering a designation of origin or a
geographical indication within the meaning of Regulation No 2081/92. The
description 'mountain' was quite general in character and transcended national
frontiers, whereas, according to Art 2 of Regulation No 2081/92, a direct link
must exist between the quality or characteristics of the product and its specific
geographical origin.
3.282
Recital (45) to the Regulation explains that:
3.283
in order to provide mountain producers with an effective tool to better market their
product and to reduce the actual risks of consumer confusion as to the mountain
provenance of products in the market place, provision should be made for the definition
at Union level of an optional quality term for mountain products.
It proposes that the definition of mountain areas should build on the general
classification criteria employed to identify a mountain area in Council Regu-
lation (EC) No 1257/1999 of 17 May 1999 on support for rural development
from the European Agricultural Guidance and Guarantee Fund (EAGGF).
148
146
Cases C-321/94, C-322/94, C-323/94 and C-324/94, Judgment of 7 May 1997,
Criminal proceedings against
Jacques Pistre (C-321/94), Michèle Barthes (C-322/94), Yves Milhau (C-323/94) and Didier Oberti (C-324/94)
[1997] ECR p. I-2343.
147
Law No 85-30 of 9 January 1985 on the development and protection of mountain regions (
Journal Officiel de la
République Française
( JORF) of 10 January 1985, p. 320, hereinafter 'Law No 85-30') and Decree No 88-194
of 26 February 1988 laying down the conditions governing the use of indications of 'mountain' provenance for
agricultural products and foodstuffs ( JORF) of 27 February 1988, p. 2747.
148
OJ L 160, 26.6.1999, p. 80.
