How Manchego cheese became a geographical indication

"Somewhere in La Mancha, in a place
whose name I do not care to remember..."

Over the past few years, this Kat has been researching the history of Manchego cheese, “Queso Manchego”, as a geographical indication (GI). This was done as part of a grant from the regional Parliament of Castilla-La Mancha and the University of Castilla-La Mancha.

The research took this Kat to local archives in remote areas of La Mancha, cheese museums, and even cheese-making classes. She uncovered many things, including: the first sales announcement in the streets of Madrid back in 1790s, the role that two cheese-makers and researchers played in early 1900s in setting the scene for the future GI, the importance of public subsidies in the early years of a newly-registered GI.

But today, in what is also her farewell post on The IPKat, this Kat would like to discuss the special role that the regional authorities of Castilla-La Mancha played in the registration of “Queso Manchego” as a GI.

To the knowledge of this Kat, Spain is the only EU Member State where regional governments (and not the central one) register GIs that originate from the corresponding region. This is the result of the transfer of competences to the Spanish regions (known as autonomous communities) that occurred just as “Queso Manchego” was battling for its GI status.

1970 Wine Statute

In the 1960s, producers of “Queso Manchego” started envisioning the registration of a designation of origin (DO, a type of GI) for their cheese. They drew inspiration from the Italian experience with Parmigiano Reggiano, as well as from the 1958 Lisbon Agreement for the Protection of Appellations of Origin (which had not been signed by Spain). Unfortunately for the Manchego cheesemakers, only alcoholic drinks were eligible for DO protection under the 1932 Wine Statute.

This changed with the adoption of the 1970 Wine Statute, which expanded the DO system to cover agricultural products. The 1970 Wine Statute also created a centralised system, inspired by that of France, whereby the Instituto Nacional de Denominaciones de Origen (INDO) would be responsible for examining and approving product specifications, to be then formally registered by the Ministry of Agriculture.

In 1972, Manchego cheesemakers filed their first application to register “Queso Manchego” as a DO. This application remained paralysed at INDO (due to opposition from another cheesemaking region, as it appears from contemporary press). Administratively divided between two Spanish regions, Castilla la Nueva and Murcia, La Mancha had no single voice to support its DO claims before the Spanish government.

Constitutional reform of 1978

The 1978 Spanish Constitution restructured Spain’s administrative division, creating a decentralised system of autonomous communities. For La Mancha this also meant that, for the first time since the 18th century, the four Manchego provinces, would be united within the same autonomous community, Castilla-La Mancha.

In 1980, taking advantage of the new institutional support from their regional government, Manchego cheesemakers refiled their application to the INDO. This was openly opposed by cheese producers from the neighbouring Leon region. In 1940s, Leonese producers had started selling the “Manchego-type” cheese and claimed the name had since become generic.

In 1982, after intense lobbying from the government of Castilla-La Mancha, the Ministry of Agriculture adopted an order, provisionally registering the DO “Queso Manchego” and inviting the producers to formally submit product specifications to the INDO for the definitive registration. The 1982 order was contested by Leonese producers and provisionally suspended by the Supreme Court.

Transfer of competences to the autonomous communities

The 1978 Constitution also initiated a gradual process of transferring certain competences (including those on GIs) from the central government to the autonomous communities.

The process was not uniform and autonomous communities assumed the GI competences at a different pace and with different legal wordings. Currently – and without overburdening our readers with detailed information on the Spanish constitutional law – GIs are registered by the regional government of the autonomous community of origin, the responsible institution being the Council of Agriculture (the regional equivalent of the Ministry of Agriculture). The only exception are those GIs that originate from several autonomous communities.

In the case of Castilla-La Mancha, the GI competence was assumed in 1983. In practice, this means that any GI application originating from Castilla-La Mancha is examined by the regional Council of Agriculture, and only formally approved by the Spanish Ministry of Agriculture. The resulting right is, however, pan-Spanish and, since the introduction of the EU-wide GI system in 1992, also pan-EU.

Manchego cheesemakers took full advantage of the new system and, in 1984, the Council of Agriculture of Castilla-La Mancha approved the product specifications for the DO “Queso Manchego”. After a formal ratification by the Ministry of Agriculture, the DO status was finally granted to this hard cheese made from sheep milk in the four Manchego provinces.

Litigation in front of the Supreme Court

Cheese producers from the neighbouring region of Leon challenged both the 1982 and the 1984 decisions in front of the Spanish Supreme Court (STS 6709/1990), arguing that the name had become generic.

After a protracted litigation (where the government of Castilla-La Mancha acted as an intervening party), the Supreme Court issued a final ruling in 1990. The court recognised the efforts of Manchego producers in promoting and preserving their rights even prior to the registration, through trade fairs and yearly cheese competitions. The court also considered the fact that in the 1970s “Queso Manchego” was included in bilateral agreements on the protection of DOs that Spain signed with several European countries, including Germany and France. Lastly, the court analysed historical and geographical evidence that documented the borders of La Mancha, concluding that Leon was never considered part of La Mancha. Thus, the Supreme Court confirmed the registration of “Queso Manchego” as a DO.

Afterthoughts

As our readers know, in 2023, the EU introduced a new GI system for craft and industrial products. This means that, going forward, EU Member States will focus on supporting the registration of their traditional products as EU GIs.

The history of “Queso Manchego” shows how instrumental regional authorities may be during the early years of a GI. In fact, existing research suggests that the strength of regional institutions and the level of their support are decisive in determining the number of GIs, as well as whether such registration brings benefits to producers. This support may include assistance in identifying a potential GI, drafting the product specifications, mediating between various producer groups, or offering public subsidies to cover the costs of launching a GI.

However, in the case of Manchego cheese these benefits were also mutual. Shaped by political needs rather than by pre-existing historical and cultural ties, Castilla-La Mancha relied on the “Queso Manchego” case to consolidate a sense of regional identity in a newly created autonomous community.

And with this post, this Kat is concluding her five years within The IPKat. I am immensely thankful to The IPKat team, and especially to Neil and Eleonora, for their continued support throughout these years.