Food Diversity and Typicality in EU and in Italian Law: Protected Designations of Origin (PDOs); Protected Geographical Indications (PGIs); Traditional Speciality Guaranteed (TSGs)

Abstract

On 14 December 2012, Reg. (EU) 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs (the “Quality Schemes Regulation”) was published in the EU Official Journal. The adoption of the Quality Schemes Regulation places itself in the context of a broader revision regarding the entire quality policy for European agri-food products to enhance this policy’s potential contribution to achieving the objectives of the CAP (Common Agricultural Policy). Enhancing the agri-food quality policy, which is one of the major strengths of European agriculture, permits the emergence of a more competitive economy. The European agri-food sector, thanks to the high quality of its products, enjoys an excellent reputation in the international community. For this reason, it is necessary to improve the way in which this quality is communicated. The Quality Schemes Regulation covers the provisions on PDO, PGI and TSG schemes. This Regulation has introduced several changes, aimed at strengthening the quality schemes for European agricultural products and foodstuffs, such as: the mandatory requirement for Member States to put in place administrative and judicial procedures to prevent or stop ex officio the unlawful use of a protected geographical indication, new rules on the TSG scheme, the introduction of the optional quality terms as a new quality scheme. However, there are serious doubts that the quality system, as devised by the Quality Schemes Regulation, can ensure to all the registered PDOs, PGIs and TSGs the visibility they deserve, as well as the protection they need at the international level (especially in view of the FTA US-EU).