Agricultural products and foodstuffs
Who knows whether Christian F. D. Schubart was thinking of Schwarzwaldforelle (Black Forest trout) when he was writing his poem "The Trout" in 1782. We do know, though, that for a trout to be labelled Schwarzwaldforelle it must indeed be from the Black Forest region. That is because designations such as Schwarzwaldforelle have, since 1992, come under the scope of Community legislation "for protecting agricultural products and foodstuffs with specific characteristics and indications of source, and for increasing their commercial value" which even includes the use of a logo for the products with designations of source.
Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs is a cornerstone of the relevant Community legislation.
This Regulation is intended to promote the sale and distribution of agricultural products and foodstuffs and to protect their designations. It is also intended to ensure a more uniform approach to maintaining fair competition between the producers of products bearing geographical designations at Community level.
The labelling requirements laid down for products that are marketed under a name protected within the meaning of this Regulation shall also give consumers clear information about the origin of the product so that, in view of the range of products on the market and the quantity of product information that is available, they can select the most suitable product.
The following goods fall within the scope of Regulation (EC) No 1151/2012:
- the agricultural products intended for human consumption listed in Annex I to the Treaty
- the foodstuffs and agricultural products listed in Annex I to this Regulation
Two separate categories have been laid down for the products listed in the above-mentioned Annexes.
The protected designation of origin and the protected geographical indication
In both categories the product is designated with the name of a geographical area. It is sometimes difficult to precisely distinguish both terms; the simplest type of distinction refers to differences in production, processing, and preparation. In the case of a protected designation of origin, these three stages must take place within the defined geographical area, whereas products with a protected geographical indication need not necessarily meet this requirement.
Protected designation of origin
Products with protected designations of origin are very closely connected with the area after which they are named. The production, processing, and preparation of the product must take place in the defined eponymous geographical area (region, specific place, country) using recognised and specific know-how.
The product’s quality or character must exclusively or predominantly be the result of a particular geographical environment (climate, soil, ….) with its inherent natural and human factors (skills).
Consequently, there must be an objective, very strong relationship (“exclusively or predominantly”) between the nature (quality or character) of the product and its geographical origin.
Diepholzer Moorschnucke, Lüneburger Heidschnucke, Altenburger Ziegenkäse, Allgäuer Emmentaler or Weideochse vom Limpurger Rind that have all achieved such protection.
Protected geographical indication
Products that have a protected geographical indication are not so closely linked to the defined geographical area after which they are named. The link is, rather, a loose one.
The product must originate from the eponymous geographical area (region, specific place, in exceptional cases even a country).
The product’s quality, reputation, or some other characteristics must derive from its geographic origin.
Although such product must be produced, processed, or prepared in the limited geographical area after which it is named (district, place, country), a connection with only one of the stages of its creation - production, processing, or preparation - is sufficient.
This means that the raw materials used to manufacture the product, for example, can be sourced from a different area.
Schwäbisch-Hällisches Qualitätsschweinefleisch (quality pork), Schwarzwälder Schinken (ham), Nürnberger Lebkuchen (gingerbread), Lausitzer Leinöl (linseed oil) or Schwarzwaldforelle (trout) are examples of products that have been awarded such protection.
Labelling
As the single European market develops, consumers have an increasing need to know what they are buying. The European Commission has responded to this need by creating, with Regulation (EC) No 1898/2006 in conjunction with Regulation (EC) No 628/2008, two Community symbols to identify those agricultural products and foodstuffs that are already included within the protected designation of origin (PDA) or protected geographical indication (PGI) protection systems.
The magenta and yellow symbol is used to show a protected designation of origin, and the blue and yellow symbol shows a protected geographical indication.
Labelling with this symbol is obligatory from 1 May 2009. Where the Community symbols are not used, the labels must include either the wording "protected designation of origin" or the wording "protected geographical indication".
The Community symbols are available in all languages of the European Union.
Community symbols in all EU languages
Register of geographical indications and designations of origin
The Commission maintains an open, freely accessible list of registered protected geographical indications and designations of origin (the DOOR database), which is constantly updated.
Normally, new protected geographical indications and protected designations of origin are added to the list. In rare circumstances, however, a geographical indication or a designation of origin previously registered may be removed from the list, as was the case with "Veau d’Aveyron et du Ségala" (veal), or beers such as Newcastle Brown Ale and Rieser Weizenbeer (wheat beer).
