Protecting Geographical Food Names


The Scheme

Within the European agricultural system different regions have over generations produced cheese, wine and other products in a way that is unique and traditional to a locality. The Common Agricultural Policy protects such products through Geographical Indications, which recognise food that is linked to a geographical region, by reason of reputation, local ingredients or production method, and an EU labelling system and logo mark products for consumers. GI food products, including beer and wine but excluding spirits[1], represent 2.5% of the consumer value of European food consumption and have an estimated value of €14.2 billion (2007).

Agricultural products, drinks and foodstuffs can apply for GI status where a clear link exists between the characteristics of a product or foodstuff and the defined geographical area. The products need not be unique, but the characteristics of the region- topographic, savoir-faire, reputation, and natural resources- must have an impact on the characteristics of the product.

Geographical Indications are a type of intellectual property. PDO, PGI and TSG designations, linked to a region or to a production method, are protected from imitation and misuse of the name. The EU logo and recognition that these are quality products may assist products to command a price premium. GI producers must maintain the quality of the product, comply with scheme specifications and meet control requirements.

Although GIs are associated with artisan production, both artisan and more industrial producers may be eligible. Under the GI process, producers apply for registration of their standard methods, recipes and characteristics. In practice, this is a group endeavour with trade associations and farmer groups working on the application. However it is important to note that any producer, within the defined geographic area, who meets the specifications, can avail of the GI, even if not a member of the applicant group.

There are three types of Geographical Indicators;

  • Protected Designation of Origin (PDO) where the product must be produced, processed and prepared in the geographical area and where the quality or characteristics are essentially due to that area.
  • Protected Geographical Indication (PGI) where the product must be produced or processed or prepared in the geographical area and where a specific quality reputation or other characteristics are attributable to that area
  • Traditional Speciality Guaranteed (TSG) where the product must be traditional (25 years/handed down through generations) or established by custom.

The Value of having a Geographical Indication

In 2011 the European Court of Auditors reported on the operation of the geographical indication scheme (2011). They found that the schemes have potential to be a positive economic opportunity for farmers but that lack of consumer awareness limits their impact. They recommended that a clear strategy of promotion should be organised by the Commission.

Producers

There is growing enthusiasm among consumers for high quality food with a clear local identity. Consumers want to know how food is produced and they want to support local producers. Producers can add value and potentially secure a better price by linking GI products with this consumer demand. For producers the main benefit to consider is the potential to negotiate a better price. However the added value of a PDO/PGI label may not be realised without investment in a campaign of increasing public awareness and understanding of these products. GIs can open market opportunities for producers to access specialised markets where competition can be on aspects other than simply price. Internationally, in trade negotiations between the European Union and other countries over Free Trade agreements, the EU regularly seeks recognition and protection of the GI System.

Consumers

For consumers GI markings and labels are information mechanisms designed to offer a guarantee of consistent quality and thereby encourage consumers to select these products. There is evidence that some consumers value the food quality attribute of GIs but this has to be balanced against the fact that there is very low recognition of GI s marks in Ireland and indeed in other European Countries also. GIs are not the only quality mark or certification for consumers to be aware of and there can be confusion over the meaning of different logos. There may also be cases where consumers already have an attachment to a well know brand/mark or type of product (e.g. Camembert Cheese) and consumers may not perceive the use of GI markings to add anything of additional value in these cases.

Irish Consumers are traditionally brand conscious and associate brands as an important symbol of quality assurance. Whilst in Europe buying local can mean supporting a tradition of regional food, in Ireland this may translate into a broader notion of buying products from the locality/county or Irish products. Products marketed in Ireland often promote broad concepts such as clean green rural nature rather than specific regional qualities.

Other Stakeholders

The specific regional qualities of GIs, which are unique and built up over time, mean that they illustrate, in a very particular way, the essence of a region and a country’s food tradition. Having a number of GIs in a country and having GIs which represent substantial production can enhance national recognition.

GIs may be primarily an opportunity for producers but their benefits can be broader in a rural area. Regional growth strategies can build on local GIs to develop tourist trails, food festivals etc. In this way the benefits of GI registrations pass outwards to a broader group. However strong primary interest from producers would be needed first to develop them.

Different Categories of Status that can be applied for:

i)Linked to a particular territory

or

ii)Relating to a particular production method


Application Information required

  • Applicant Group

Names, details and roles of all the producers within the group

  • Product to be protected and its food class

Name of Product and its class according to the EC Regulations

  • Description of product

What does the product feel like, look like, sound like, taste like, smell like, how would you tell the difference between it and other similar products

  • Geographical Area description/boundaries

The outline of the area. This must be definable, e.g. rivers, roads, county boundaries, town boundaries, etc.

  • Method of Production

How the product is and will be made in the future

Setting out the specifications

  • Link – with defined area

Telling the story behind the product

See next page

  • Labelling

Specific labelling rules

LINK WITH THE GEOGRAPHICAL AREA

The link with the geographical area is the essential part of the Single Document, it must demonstrate in what way the product's characteristics are due to the geographical area and what are the natural, human and other elements which give its specificity to the product. If a PGI application it must state clearly whether the application is based on a specific quality or reputation or other characteristics attributable to its geographical origin.

Description should also underline in what way the methods of production forthe product are superior to others and contribute to its specific and distinctivecharacter.It should focus on the following:

Specificity of the geographical area

  • Identify and describe the characteristics of the definedgeographical area relevant to the link. These may include the pedo-climaticfeatures; topography, climate, soil, rainfall, exposure, altitude, etc.
  • Do not include features of the geographical area that have noinfluence on the specificity of the product. Do not include general or fancifulterminology, e.g. "beautiful landscape"
  • The savoir faire of the local producers can also be described here. Savoirfaire must be a special and particular skill: normal production is notsufficient.
  • In the case of PGI applications based on reputation, state here the reasonswhy the specific product is associated with the geographical area, which maybe historic.

Specificity of the product

  • Identify and describe what makes this product special compared to similarproducts. State only the particular characteristics of the product that are dueto (caused by) the geographical area
  • In the case of PGI applications justified by reputation, state the specificity ofthe product that has the reputation and quote precise information andelements justifying this reputation. Press cuts can be one of the appropriatemeans to show the link
  • Do not include features of the product that have no relation tothe geographical area or the savoir faire, or (for reputation) have no bearingon the reputation of the product. Give concrete and precise elementsjustifying this savoir-faire.
  • Give concrete examples of the effective use of the name, in the past and inthe recent period, preferably elements drawn from effectivecommercialisation of the product.

Causal link between the geographical area and the quality orcharacteristics of the product (for PDO) or a specific quality, thereputation or other characteristic of the product (for PGI)

  • Show how the features of the product are produced by thefactors present in the area. Give an objective reasoning that links thespecificity of the geographical area and the specificity of the product. Do not repeat the information alreadymentioned under these points.
  • In the case of PGI applications justified by reputation, showthat the reputation of the product is linked to the name and attributable to thegeographical area. You can prove reputation with elements like awards,references in professional books or press, special mentions in cookingpublications etc

Stages of the application process


Required Documentation:

Summary Specification

Sets out the method and process of producing the product and contains full information about the link between the area and the product.

Single Document

This is the EU application it is a condensed version of the Summary Specification which contains the areas that will be examined by the commission.

SINGLE DOCUMENT

When this form is completed, the text in square parentheses shall be omitted

Single Document

COUNCIL REGULATION (EC) No 510/2006 on protected geographical indications and protected designations of origin

[Insert name, as in 1 below:] “…”

EC No: [for EC use only]

[Select one, “X”:]PGIPDO

1. Name [of PGI or PDO]

[Insert the name proposed for registration or, in the case of an application for approval of an amendment to a product specification or publication pursuant to Article 19(2) of this Regulation, the registered name]

2.Member State or Third Country

…

3. Description of the agricultural product or foodstuff

3.1Type of product [as in Annex II]

…

3.2 Description of the product to which the name in (1) applies

[Main points referred to in point (b) of Article 7(1) of Regulation (EU) No 1151/2012. To identify the product use definitions and standards commonly used for that product. In the description of the product, focus on its specificity, using measurement units and common or technical terms of comparison, without including technical characteristics inherent to all products of that type and related mandatory legal requirements applicable to all products of that type (Article 7(1) of this Regulation).]

…

3.3 Feed (for products of animal origin only) and raw materials (for processed products only)

[For PDO: give confirmation that feed and raw material are from the area. In case feed or raw materials come from outside the area, provide a detailed description of those exceptions and state justifications. Those exceptions must be in line with the rules adopted pursuant to Article 5, paragraph 4, of Regulation (EU) No 1151/2012.

For PGI: State any quality requirements, or restrictions on origin of raw materials. State justifications for any such restrictions. Such restrictions must be in line with the rules adopted pursuant to Article 5, paragraph 4, of Regulation (EU) No 1151/2012 and must be justified in relation to the link referred to in point (f) of Article 7(1) of that Regulation.]

…

3.4 Specific steps in production that must take place in the identified geographical area

[State justifications for any restrictions or derogations.]

…

3.5 Specific rules concerning slicing, grating, packaging, etc. of the product the registered name refers to

[If none, leave blank. State justifications for any restrictions.]

…

3.6 Specific rules concerning labelling of the product the registered name refers to

[If none, leave blank. State justifications for any restrictions.]

…

4. Concise definition of the geographical area

[Where appropriate, insert a map of the area]

…

5 Link with the geographical area

[For PDO: causal link between the quality or characteristics of the product and the geographical environment, with its inherent natural and human factors, including, where appropriate, elements of the product description or production method justifying the link.

For PGI: causal link between the geographical origin and, where appropriate, a given quality, the reputation or other characteristics of the product. State explicitly on which ones of the given factors (reputation, given quality, other characteristic of the product) the causal link is based and give information only with respect to the relevant factors, including, where appropriate, elements of the product description or production method justifying the link.] …

Reference to publication of the product specification

(the second subparagraph of Article 6(1) of this Regulation)
Summary Specification

SUMMARY

COUNCIL REGULATION (EC) No 510/2006 on protected geographical indications and protected designations of origin

“…”

EC No:

PDO (§)PGI (§)

This summary sets out the main elements of the product specification for information purposes.

Responsible department in the Member State

Name:

Address:

Tel.:

Fax:

E-mail:

4Group

Name:

Address:

Tel.:

Fax:

E-mail:

Composition:Producers/processors ( § )Other ( § )

5Type of product

Class

6Specification

(Summary of requirements under Article 4(2) of Regulation (EC) No 510/2006)

6.4Name:

“…”

6.5Description:

6.6Geographical area:

6.7Proof of origin:

6.8Method of production:

6.9Link:

6.10Inspection body:

Name:

Address:

Tel.:

Fax:

E-mail:

6.11Labelling:

Contact Information

Where to get information:

Department of Agriculture, Food and the Marine
Brendan O Connor/ Audrey Mc Sweeney / Niall Kennedy

Food Industry Development Division
6 West, Agriculture House
Kildare Street
Dublin 2
+353 (1) 607 2017
/ Bord Bia
Declan Coppinger

Clanwilliam Court
Lower Mount Street
Dublin 2
+353 (1) 614 2202

Bord Iscaigh Mara (BIM)
Catherine Morrison

Environment and Quality Section Head
+353 (1) 2144 118
/ Food Safety Authority of Ireland (FSAI)
Sinead Murphy

Food Safety Authority of Ireland
Block D, E and F
Abbey Court
Lower Abbey Street
Dublin 1

Teagasc
Pat Daly

Head of Food Industry Development
+353 (1) 8059500

European Commission:

For the regulations and EU published Advisory notes please see:

Door Database

See applications that have been published and registered and the single documents attached to each. All single Documents available in English. You can find Summary Specification documents through a link in each single document. Summary Specifications are in a language of the applicant country.

Compiled by:

Food Industry Development Division

Department of Agriculture, Food and the Marine

September 2014

[1] GIs for spirits are regulated by Regulation (EC) No 110/2008 of the European Parliament and the Council