Brussels, 04/01/2006 (Agence Europe) - On 23 December 2005, the European Commission adopted to proposals to clarify and streamline rules for protected geographical indications (PGI), protected designations of origin (PDOs) and “traditional specialities guaranteed”. At the present time, some 720 regional and speciality products in the EU have denominations registered under EU quality schemes, including more than 150 cheeses, some 160 meats and meat-based products, 150 fruits or vegetables and 80 kinds of olive oil. The voluntary PGI and PDOs (linking the product to a specific geographical area) schemes were introduced in the EU by Regulation 2081 in 1992 and have been increasingly successful: in addition to the existing 720 existing protected products, the European Commission has already received a further 300 requests for inclusion from both Member and non-member States. The protection of “traditional specialities guaranteed” was introduced by Regulation 2082 in 1992, with such products being linked to a specific method of production rather than geographical location.
There are two reasons for the Commission's decision to propose changes to Regulations 2081/92 and 2082/92: on the one hand, there is the need to simplify the registration procedure Hitherto, this procedure has been carried out in two stages: the first, at national level, carried out by the authorities of the Member State in which the geographical area concerned is situated or in which the producer is located, and the second which is carried out at EU level by the European Commission, which is required to check that the request for protection meets the conditions set out in the EU Regulations. The Commission, believing that this double procedure leads to duplication of work and to over-complex and time consuming checks, feels that the system must be streamlined by clarifying the responsibilities of the different authorities and enhancing transparency and evenness of treatment. On the other hand, there is the need to make Regulation 2081/92 compatible with international agreements in particular the TRIPS and GATT agreements. In April 2005, following complaints from the United States and Australia, a WTO panel ruled that the Community Schemes were not entirely compatible with the provisions in the agreements. The deadline for implementing the WTO decision is set to expire in April 2006. Against this background, then, the Commission proposes that Member States adopt
a) a new draft Regulation on the protection of geographical indications and designations of origin for agricultural products and foodstuffs. This proposal makes two main changes to the current situation. Firstly, it better defines the key information for registration, information and inspection purposes and which will be published. This publication would allow any operators to exercise their right to oppose registration. It would also allow the appropriate verification authorities to offer real protection for the products concerned. The publication would introduce a standardised and comprehensive presentation (name, description of the product, labelling, proof of the link between product and geographic origin, etc.) guaranteeing increased uniformity and evenness of treatment across requests from the different member States. Secondly, it defines how responsibilities are to be shared between Member States and the European Commission. Henceforth, for a request corresponding to a definite area of the EU, the Member State would be responsible for ensuring that the request meets the conditions of the EU Regulation; That the Commission would carry out its own investigation at a later date before accepting or rejecting the registration would not allow the Member State not to carry out these responsibilities. Geographical denominations from outside the EU would have access to the EU protection scheme, but only if they were protected in their country of origin. On the other hand, and in conformity with the WTO panel ruling of April 2005, the new Regulation would abolish the provisions in Regulation 2081/92 on equivalence and reciprocity, as well as on the need for a request for protection in the EU to go through the government of the non-member state.
b) a proposal for a regulation on agricultural products and foodstuffs as traditional specialities guaranteed. This proposal simplifies and specifies the terms used in the current Regulation “whose purpose is not sufficiently clear” for producers and other operators concerned, according to the Commission. The new text also defines basic terms, such as “traditional”, which were not defined in Regulation 2082/92. It also corrects a certain number of inconsistencies in the current text and takes up a series of suggested improvements in the new Regulation on geographical indications and designations of origin (see above), particularly with regard to the verification system and registration and opposition procedures.