1st December 2009, Bratislava Requirements for GIs Maria IUSCO Unit H.2 – Quality Policy DG for Agriculture and Rural Development European Commission 1st December 2009, Bratislava
EU Community Quality Schemes PDO: Protected Designation of Origin PGI: Protected Geographical Indication TSG: Traditional Specialities Guaranteed Organic
Regulatory framework for GIs in the EU Council Regulation (EC) No. 510/2006 on the protection of geographical indication and designation of origin for agricultural products and foodstuffs Commission Regulation (EC) No. 1898/2006 laying down detailed rules of implementation of Council Regulation (EC) No 510/2006 Commission Regulation (EC) No. 417/2008 (amending Annexe I and II) Commisison Regulation (EC) No 628/2008 (logo)
originating in the region of which they bear the name COMMON POINTS types of products geographical names originating in the region of which they bear the name procedure protection level DIFFERENCES link to the geographical environment reputation (PGI) number of production steps to be realized in the region
Protection granted (article 13) Object of the protection : The registered names (not the product itself) Scope of the protection. Protected against : a) any direct or indirect commercial use of the name for comparable products or if using the name exploits the reputation of the protected name /…
Protection granted (article 13)… b) any misuse, indication or evocation, even if - the true origin is indicated - the protected name is translated - the protected name is accompanied by “type”, “method” or similar c) any other false or misleading indications as to the provenance, origin, nature or essential qualities of the product d) any other practice liable to mislead the public as to the true origin of the product
Legal basis for GIs controls Regulation (EC) 510/2006: Article 10 - Official controls Article 11- Verification of compliance with the specification Article 13 – Protection
GIs control 2 levels of control Covered by Regulation (EC) No 510/2006 and Regulation (EC) No 882/2004 2 levels of control A) Controls at farm level – before placing the product on the market B) Controls in the marketplace.
A) Controls at farm level Control of the specification (name, address and specific tasks indicated in the specification) One or more competent authorities or control bodies (product certification body) Prevalence of private sector controls in this area; Database with private control bodies for GIs in DOOR (http://ec.europa.eu/agriculture/quality/database/index_en.htm) Comply with EN 45011 or ISO 65 and accredited from 1 May 2010 (Regulation No 765/2008)
B) Controls in the marketplace Controls on the labelling Quality schemes and other EU labelling requirements are part of ‘Food Law’, outside the safety and hygiene area Control on « risk based approach » Public the name and address of the authorities Very often different authority from part A)
GIs control Close collaboration with DG SANCO – FVO Analyse the provisions for GIs in the MANCP and AR and feed comments back to FVO Provisions included in the MANCP and AR for GIs controls - at farm level and - in the market place
MANCP (1) Information on the competent authority - which body, resources, audit (often different authority for A and B) (2) Description of the control system (competent authority or delegation to control bodies, tasks, risk-based approach, inspections) (3) Information on control bodies / authorities (supervision, coordination, training)
AR (1) Information on controls (2) Information on supervision and audits, results (3) Conclusions on the control system
Important aspects Collaboration between all the parties in drafting the MANCP and AR « Administrative control » Important as the added value of these schemes (and other labelling schemes) is based on the consumer trust – only credible if good verification
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