Geography Reference
In-Depth Information
3.
International Convention on the Use of Appellations of Origin and
Denominations of Cheeses ('Stresa Convention') 1951
The parties to the Stresa Convention, which are some of the cheese-producing
countries of Europe,
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'pledge themselves to prohibit and repress within their
respective territorial confines the use, in the language of the state or in a foreign
language, of the “appellations d'origine”', denominations and designations of
cheeses contrary to the principles stated in Articles 2 to 9 inclusive. The
Convention, which entered into force on 1 September 1953, applies to all
specifications which constitute false information as to the origin, variety, nature
or specific qualities of cheeses, which are stated on products which might be
confused with cheese. The term 'cheese', according to Art 2.1 of the Conven-
tion, is reserved for 'fresh and matured products obtained by draining after the
coagulation of milk, cream, skimmed or partially skimmed milk or a combin-
ation of these', or by 'products obtained by the partial concentration of whey, or
of buttermilk, but excluding the addition of any fatty matter to milk'.
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Article 3 provides that the appellations of origin of those cheeses 'manufactured
or matured in traditional regions, by virtue of local, loyal and uninterrupted
usages', which are listed in Annex A, are exclusively reserved to those cheeses
'whether they are used alone or accompanied by a qualifying or even corrective
term such as “type”, “kind”, “imitation” or other term'. Annex A lists: Gorgon-
zola, Parmigiana Romano, Pecorino Romano and Roquefort. Annex B lists a
number of designations for cheese that are prohibited by Art 4.2 for products
which do not meet the requirements provided by Contracting Parties in relation
to 'shape, weight, size, type and colour of the rind and curd, as well as the fat
content of the cheese'. Listed in Annex B are Asiago, Camembert, Cambozola,
Danablu, Edam, Emmental, Esrom, Fiore Sardo, Fontina, Gruyère, Pinnzgauer
Berkäse, Samsöe and Svecia.
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The Stresa Convention came into force prior to the EEC Treaty and its regime
providing for the free movement of goods.
2.18
In the
Deserbais
case
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the Court had to construe Art 234 (now Art 307) of the
EC Treaty which provided that the application of the Treaty did not affect the
duty of the EC Member State in respect the rights of non-member countries
under a prior international agreement. The Stresa Convention had been signed
2.19
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The Stresa Convention was ratified by Austria (12 June 1953); Denmark (2 August 1953); France (20 May
1952); the Netherlands (29 October 1955); Norway (31 August 1951); Sweden (27 January 1951) and
Switzerland (5 June 1951).
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[1988] ECR-4907, 22 September 1988.
