EU Legislation on quality schemes for agricultural products and foodstuffs
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Table of contents 1. 2. 3.
4. 5. 6.
7.
EU agricultural product quality policy Legal framework: PDO, PGI and TSG Levels of protection Role of groups Controls Application and registration processes Optional quality terms: mountain product
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EU AGRICULTURAL PRODUCT QUALITY POLICY
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The EU Quality Policy
Quality became a key source of competitive advantage for the European agricultural sector
As sustainability and inclusivity became EU policy objectives, quality schemes in agriculture are encouraged
EU consumers increasingly demand quality & traceability of products and are ready to pay a higher price (worldwide trend, especially for new middle classes in emerging economies)
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Advantages Producers Differentiation on the market through geographical origin and quality Highligt added value and increase revenues at local level Protection as IPR Consumers More conscious and demanding quality health, methods of production, environmental concerns). Guarantee specification is followed Ready to pay a premium price (GIs increase market transparency and reduce transaction costs) Markets Traceability, positive impact on employment, spill over effects on other sectors (ex: tourism) Ministerstwo Rolnictwa i Rozwoju Wsi
Promotion
Use of EU logos: contribute to convey to consumers a message of quality
Possibility for groups to benefit from EU cofinancing for information and promotion campaigns
Combination with trademarks
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Significance of GIs for EU trade Worldwide sale value: 54,3 billion EUR in 2010 (at wholesale stage in the region of production), + 12% from 2005 Distribution: i. Wines: 56% (30,4 billion EUR) ii. Agricultural products and foodstuffs: 29% (15,8 billion EUR) iii. Spirits: 15% (8,1 billion EUR) iv. Aromatized wines (31 million EUR) Distribution agricultural products and foodstuffs: i. Cheeses: 39% of total sale value ii. Meat products: 20% iii. Beers: 15% iv. Fresh meat: 8% v. Fruits and vegetables: 6% Countries: France (20,9 billion EUR), Italy (11,8 billion EUR), Germany (5,7 billion EUR) and UK (5,5 billion EUR). Followed by Spain, Portugal, Greece, Austria, Ireland, Hungary and Poland Source: EC, BTSF
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LEGAL FRAMEWORK: PDO, PGI AND TSG
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Relevant EU legislation Regulation (EU) No 1151/2012 of the Europen Parliament and of the Council Of 21 November 2012 on quality schemes for agricultural products and foodstuffs 2. Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (wines) 3. Regulation (EC) No 110/2008 of the European Parliament and of the Council of 15 January 2008 on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and repealing Council Regulation (EEC) No 1576/89 4. Regulation (EU) No 251/2014 of the European Parliament and of the Council of 26 February 2014 on the definition, description, presentation, labelling and the protection of geographical indications of aromatised wine products and repealing Council Regulation (EEC) No 1601/91
1.
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CATEGORIES PROTECTED
PROTECTED
DESIGNATION OF ORIGIN
Agricultural products Foodstuffs Wines
GEOGRAPHICAL INDICATION
Agricultural products Foodstuffs Wines Spirit drinks Aromatised wine products
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CATEGORIES
Agricultural products Foodstuffs
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Definitions ‘Designation of origin’ identifies a product: • originating in a specific place, region or, in exceptional cases, a country; • quality or characteristics are essentially or exclusively due to a particular geographical environment with its inherent natural and human factors; and • the production steps of which all take place in the defined geographical area. Polish example: Oscypek
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Definitions Raw materials for the products concerned come from a geographical area larger than, or different from, the defined geographical area, provided that: (a) the production area of the raw materials is defined; (b) special conditions for the production of the raw materials exist; (c) there are control arrangements to ensure that the conditions referred to in point (b) are adhered to; and (d)the designations of origin in question were recognised as designations of origin in the country of origin before 1 May 2004. Only live animals, meat and milk may be considered as raw materials for the purposes of this paragraph. Ministerstwo Rolnictwa i Rozwoju Wsi
Definition ‘Geographical indication’ identifies a product: • originating in a specific place, region or country; • whose given quality, reputation or other characteristic is essentially attributable to its geographical origin; and • at least one of the production steps of which take place in the defined geographical area.
Polish example: Miód kurpiowski Ministerstwo Rolnictwa i Rozwoju Wsi
Specific rules for a name in the EU
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Only a name which is used, whether in trade or in common language, and only in the languages which are or were historically used to describe the specific product in the defined geographical area. Invented names may not be registered as PDO & PGI.
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Differences between PDO and PGI • Strength of the link between product and its place
of origin • All streps of production within the geographical area (PDO) vs. at least one step of production within the geographical area(PGI), • PGI can be registered on a basis of its reputation (quality still needed)
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Generic terms Definition: a name which relates to the place or the region where a product or foodstuff was originally produced become the common name of an agricultural product or a foodstuff in the Community. Polish example : kiełbasa toruńska Principle prohibition of registration of the PDO or PGI
Criteria : Situation in the Member States and in the areas of consumption Possibility to « relocalize » a name on a case by case study. Once registered, a name may not become generic. •
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Conflict with plants varieties or animals breeds Criteria of appreciation: spreading of the name and risk of confusion for consumers ďƒˇ No registration for names wholly homonymous: risk of confusion for consummers between the registered name and the variety or the breed due to the important uses outside the defined area ďƒˇ Possibility to register names partly homonymous : provided consumers would not be liable to confuse Polish example : karp zatorski linii czystej(breed) / karp zatorski PDO
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Homonymous names • A name wholly or partially homonymous with that of
a name already registered with due regard for local and traditional usage and the actual risk of confusion • homonymous name shall be subject to there being a sufficient distinction in practice • a homonymous name which misleads the consumer into believing that products come from another territory shall not be registered even if the name is accurate
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Previous renown trademark • No registration where, in the light of a trademark's
reputation and renown and the length of time it has been used, registration is liable to mislead the consumer as to the true identity of the product. •
The only case of « 1st in time, 1st in right »
• Procedure at the domestic level: National procedure of objection; in case of conflict - advice of national institute for industrial property rights (UPRP) In order to prevent conflicts : information of trademark applicants during the GI’s process registration •
Also checked at EU level
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Coexistaence with trademarks • Registration of a trademark which misuse an
earlier PDO or PGI is not possible
• Possible coexistence between PDO or PGIand a
previous trademark : •
a case by case examination depending on the good faith and the risk of confusion for the consumer as to the true origin or essential qualities.
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Definition 1. •
• 2. • •
A name shall be eligible for registration as a traditional speciality guaranteed where it describes a specific product or foodstuff that: results from a mode of production, processing or composition corresponding to traditional practice for that product or foodstuff; or is produced from raw materials or ingredients that are those traditionally used. For a name to be registered as a traditional speciality guaranteed, it shall: have been traditionally used to refer to the specific product; or identify the traditional character or specific character of the product.
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Key words for TSG • ‘traditional’ means proven usage on the domestic
market for a period that allows transmission between generations; this period is to be at least 30 years • ‘specific character’ in relation to a product means the
characteristic production attributes which distinguish a product clearly from other similar products of the same category;
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LEVELS OF PROTECTION
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PDO & PGI Protection against: •
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any direct or indirect commercial use in respect of products not covered by the registration where those products are comparable or where using the name exploits the reputation of the protected name, including when those products are used as an ingredient any other false or misleading indication as to the provenance, origin, nature or essential qualities (…) liable to convey a false impression as to its origin; any other practice liable to mislead the consumer as to the true origin of the product Ministerstwo Rolnictwa i Rozwoju Wsi
PDO & PGI Use of the name only for operators complying with the product’s specification A wide protection of names against misuse, usurpation, false or misleading indication – direct or indirect commercial use – misuse, imitation or evocation (even in translation or accompanied by expressions such as « type » or « style » Polish example : Scypek, uscypek etc – –
false or misleading indication any other practice liable to mislead the public as to the true origin of the product Ministerstwo Rolnictwa i Rozwoju Wsi
TSG 1. Registered names shall be protected against any misuse, imitation or evocation, or against any other practice liable to mislead the consumer. 2. Member States shall ensure that sales descriptions used at national level do not give rise to confusion with names that are registered.
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Rules of protection for TSG Less strong protection : at labelling name associated with the indication ‘traditional speciality guaranteed’, the abbreviation ‘TSG’ or the associated Union symbol. •The name can still be used by producers who do not respect
the product specification = the sole name can be used freely. •The combination name + indication « TSG » or symbol is
reserved to the producers who respect the product specification. Polish examples: kabanosy, kiełbasa myśliwska, półtorak
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Rules of protection for TSG •
• • • •
2 types of protection : protection with or without reservation of the name depending on the applicant group’s choice. Strong protection : Reservation of the use of the name to the products corresponding to the specification All the products sold under the name must respect the product specification. Not possible anymore In used under the conditions provided for in Regulation (EC) No 509/2006 until 4 January 2023 or change of the name till 4 January 2016 Ministerstwo Rolnictwa i Rozwoju Wsi
ROLE OF GROUPS
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Collective character Groups at the core of the system: requirement for
submitting the application Groups define the product specification Collective governance of groups: product management and development, experience sharing, etc. Economies of scale: application for registration, promotion & protection initiatives, etc. Groups often allow a better distribution of added value along the production chain
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Role of a group of producers • contribute to ensuring that the quality, reputation and
authenticity of their products are guaranteed on the market by monitoring the use of the name in trade • take action to ensure adequate legal protection of the protected designation • develop information and promotion activities aiming at communicating the value-adding attributes of the product to consumers; • develop activities related to ensuring compliance of a product with its specification;
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Role of a group of producers • take action to improve the performance of the scheme,
including developing economic expertise, carrying out economic analyses, disseminating economic information on the scheme and providing advice to producers; • take measures to enhance the value of products and, where necessary, take steps to prevent or counter any measures which are, or risk being, detrimental to the image of those products.
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CONTROLS
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Execution of protection • It is to Memeber States to take appropriate administrative
and judicial steps to prevent or stop the unlawful use of protected designations that are produced or marketed in that Member State. • To that end Member States shall designate the authorities that are responsible for taking these steps in accordance with procedures determined by each individual Member State. • These authorities shall offer adequate guarantees of objectivity and impartiality, and shall have at their disposal the qualified staff and resources necessary to carry out their functions Ministerstwo Rolnictwa i Rozwoju Wsi
Official controls Official controls cover: • verification that a product complies with the corresponding product specification; and • monitoring of the use of registered names to describe product placed on the market.
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Official controls • PDO/PGI/TSG control system shall be set up in conformity
with Regulation (EC) No 882/2004. • Regulation (EC) No 882/2004 requires Member States to put in place the control system which best fits their needs, based on a risk analysis. • PDOs, PGIs, TSGs are subjects to inspection to ensure that the requirements of the registered specification are met.Once a producer use them, being under controls becomes compulsory. Quality schemes are voluntary and based on consumer trust. Ministerstwo Rolnictwa i Rozwoju Wsi
APPLICATION AND REGISTRATION PROCESSES
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Application and registration processes
Source: http://ec.europa.eu/agriculture/quality/schemes/index_en.htm Ministerstwo Rolnictwa i Rozwoju Wsi
Procedure issues • Applications for registration may only be submitted
by groups who work with the products with the name to be registered. • Always possibility to amend the specification: different procedure for ‘minor amendments’ in PDO & PGI • Possibility to cancel the name from the register: • •
where compliance with the conditions of the specification is not ensured; where no product is placed on the market at least seven years.
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OPTIONAL QUALITY TERMS: MOUNTAIN PRODUCT
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Optional quality terms • Established in order to facilitate the communication within
the internal market of the value-adding characteristics or attributes of agricultural products by the producers thereof • Optional quality terms satisfy the following criteria: •
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the term relates to a characteristic of one or more categories of products, or to a farming or processing attribute which applies in specific areas; the use of the term adds value to the product as compared to products of a similar type; and the term has a European dimension.
MS: Checks based on a risk analysis and appropriate administrative penalties. Ministerstwo Rolnictwa i Rozwoju Wsi
Mountain product • Used voluntary • checks based on risk analysis • Only to describe products intended for human
consumption listed in Annex I to the Treaty in respect of which: •
•
both the raw materials and the feedstuffs for farm animals come essentially from mountain areas; in the case of processed products, the processing also takes place in mountain areas.
• Ministerstwo Rolnictwa i Rozwoju Wsi
Mountain product Derogations: • products made from animals that are reared for at least the last two thirds of their life in those mountain areas, if the products are processed in such areas. • made from transhumant animals that have been reared for at least one quarter of their life in transhumance grazing on pastures in mountain areas. Commission Delegated Regulation (EU) No 665/2014 of 11 March 2014
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Mountain product Derogations: • feedstuffs for farm animals shall be deemed to come essentially from mountain areas if the proportion of the annual animal diet that cannot be produced in mountain areas, expressed as a percentage of dry matter, does not exceed 50 % and, in the case of ruminants, 40 %.
Commission Delegated Regulation (EU) No 665/2014 of 11 March 2014
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Thank you for your attention. Magdalena GĹ‚odek Ministry of Agriculture and Rural Development, POLAND magdalena.glodek@min rol.gov.pl
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