Geographical Indications and Traditional Specialities (EU) - General Regime

General Regime

The general regime governs the use of protected designations of origin (PDO) and protected geographical indications (PGI) for food and certain other agricultural products. There are separate regimes for spirits and for aromatized drinks (geographical designations) as well as for wines (geographical indications, often referred to as appellations). The origin of the product is only one of the criteria for use of the protected terms: the product must also meet various quality criteria. The label "Traditional Speciality Guaranteed" (TSG) is a similar protected term which does not impose any restrictions on the geographical origin of the product.

The protection of geographical indications was extended to foodstuffs and other agricultural products in 1992. Given the widely different national provisions, this "general regime" gives much more power to the European Commission (compared to the special regimes) to ensure a harmonized protection across the European Union. It is currently governed by the Regulation on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (No 510/2006).

To qualify for a PDO, the product must have qualities and characteristics which are essentially due to its region of production: it must also be produced, processed and prepared exclusively within that region. The requirement for a PGI are slightly less strict; a good reputation of a product from a given region is sufficient (rather than objectively different characteristics) if any of the steps of production, processing and preparation may take place within the region. Otherwise the protection afforded by the two terms is equivalent.

An application for a PDO or a PGI is first made to the authorities of the relevant Member State. It is judged by the Member State against the criteria in the Regulation and, if found to be acceptable, forwarded to the European Commission for final approval. Applications are published at both the national and Community stages of examination, and third parties can object to proposed PDOs or PGIs which they feel would harm their business. A recurrent objection is that the proposed denomination is a generic term for the product in question: generic names cannot be registered but, once registered, the denominations are protected from genericization. Hence Cheddar cheese was deemed to be a generic name, but the PDO "West Country farmhouse Cheddar cheese" was allowed. Feta was deemed not to have become generic, and was registered as a PDO to the disappointment of cheesemakers outside of Greece.

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