The protected “Limburgse vlaai”: what does this protection mean exactly?

Not far from our office in Limburg, you can buy delicious traditional “Limburgse vlaai”, a pastry consisting of dough and a filling, traditionally associated with the provinces of Limburg found both in the Netherlands and Belgium. But bakeries near our Zeist office also offer Limburgse vlaai. Is that allowed? Since 16 January of this year, Limburgse vlaai has been granted a so-called Protected Geographical Indication (PGI) within Europe. This means that only vlaai that meets a number of strict requirements can still be sold as Limburgse vlaai. But what exactly is a PGI? And how can bakers from Limburg enforce it? We will address these questions in this blog.

Three European geographical indications

There are three types of geographical indications within Europe that protect a product’s geographical origin or traditional production method:

1. The Protected Designation of Origin (PDO) such as Gouda cheese;
2. The Protected geographical indication (PGI) such as Limburgse vlaai;
3. The Guaranteed Traditional Speciality (TSG). In the Netherlands, there are currently four: Boerenkaas, Basterdsuiker, Hollandse Maatjesharing/Hollandse Nieuwe and Suikerstroop.

Re 1. The Protected Designation of Origin (PDO)

The PDO is the ‘strictest’ indication. It requires that a product must be produced, processed and prepared entirely within a certain area according to a recognised method. These products are therefore most closely linked to the area where they are produced.

Re 2. The Protected Geographical Indication (PGI)

For the PGI indication, ‘only’ one of the production stages needs to take place in the defined area. For example, the Limburgse vlaai must be baked within Belgian or Dutch provinces of Limburg.

Re 3. The Guaranteed Traditional Speciality (GTS)

The GTS indication can be obtained if a product is produced or composed in a certain traditional way, without being linked to a specific geographical area.

Purpose

The purpose of these indications is to protect against counterfeiting and to prevent that consumers are misled regarding the origin of the product and certain qualities that are often linked to the (traditional) production method.

Enforcement

The holder of one of the three indications can ‘enforce’ his right. For example, they can take action against third parties who exploit the reputation of their product without meeting the conditions required for its use. This may be the case, for example, if the protected product name is mentioned on the ‘counterfeit product’ itself or in advertising.

The Limburgse vlaai

Last 16 January, the European Commission approved the registration of the Limburgse vlaai as a PGI. This means that a vlaai can only be sold under the name ‘Limburgse vlaai’ if various requirements are met. These requirements are included in the product specification (see here). In summary, a traditional Limburgse vlaai should meet the following requirements:

• The vlaai must have a diameter between 10 and 30 cm;
• The vlaai should weigh between 140 and 1400 grams (depending on the diameter);
• The bottom of the vlaai is a sweet yeast dough with a thickness of up to 1 cm, whose texture is similar to bread dough;
• The filling can be fruit, rice pudding, cream, semolina pudding, fresh cheese, sugar/egg filling or a combination of these;
• The vlaai can be an open vlaai, lidded vlaai, bar vlaai or crumb vlaai. If a topping is added, it should be baked along with it;
• The vlaai must be baked in the Belgian or Dutch province of Limburg;
• The vlaai must not be frozen after baking;
• The vlaai should not be reworked or decorated with, for example, jelly or whipped cream;
• A vlaai slice should be able to be eaten out of hand.

Dutch and Belgian bakers wishing to sell Limburgse vlaai must register annually with the Belgian applicant association Bakkers Vlaanderen – Limburg. In the Netherlands, the Food and Consumer Product Safety Authority monitors whether Dutch registered bakers comply with the product specification and can also impose fines in the event of violations.

Want to know more?

Would you like to know more about the protection of regional products or the European PDO, PGI or TSG indications? Please feel free to contact our Intellectual Property, IT & Privacy team.