PROTECTED DESIGNATION OF ORIGIN
(Redirected from Protected Designation of Origin)
'Protected designation of origin' ('PDO'), 'protected geographical indication' ('PGI') and 'Traditional Speciality Guaranteed' ('TSG') are geographical indications ('GI's) defined in European Union Law to protect the names of regional foods. The law (enforced within the EU and being gradually expanded internationally via bilateral agreements of the EU with non-EU countries) ensures that only products genuinely originating in that region are allowed in commerce as such. The legislation came into force in 1992. The purpose of the law is to protect the reputation of the regional foods and eliminate the unfair competition and misleading of consumers by non-genuine products, which may be of inferior quality or of different flavor.
These laws protect the names of wines, cheeses, hams, sausages, olives, beers, and even regional breads, fruits, and vegetables.
Foods such as Gorgonzola, Parmigiano Reggiano, Asiago cheese, Camembert de Normandie and Champagne can only be labelled as such if they come from the designated region. To qualify as ''Roquefort'', for example, cheese must be made from milk of a certain breed of sheep, and matured in the natural caves near the town of Roquefort in the Aveyron region of France, where it is infected with the spores of a fungus (''Penicillium roqueforti'') that grows in these caves.
This system is similar to the French ''Appellation d'Origine Contrôlée'' (AOC) system, the ''Denominazione di Origine Controllata'' (DOC) used in Italy, and the ''Denominación de Origen'' system used in Spain.
Article 13 of this legislation states that registered designations are protected against:
The geographical limitations can be quite strict. "Newcastle Brown Ale" is restricted to being brewed in the city of Newcastle upon Tyne in England. However, having obtained this protection for their product, the brewery decided in 2004 that it would move across the river Tyne to Gateshead. As Gateshead is a separate city, it does not fall within the required geographical restriction, so the brewery is now applying to the European Union authorities to have the geographical restriction revoked–if it is not, the brewery will either have to move back to Newcastle, or stop calling its beer "Newcastle" brown ale.[1]
Similarly, Stilton cheese can only be produced in the three English counties of Derbyshire, Leicestershire, and Nottinghamshire. Stilton village is in the traditional county of Huntingdonshire, now a district of Cambridgeshire, so Stilton cheese cannot be produced in Stilton.
This legislation expanded the 1951 Stresa Convention, which was the first international agreement on cheese names. Seven countries participated: Austria, Denmark, France, Italy, Norway, Sweden, Switzerland.
Selected products include Prosciutto Toscano (PDO) from Italy, Marchfeldspargel (PGI) from Austria, Lübecker Marzipan (PGI) from Germany, Scotch Beef and Lamb (PGI) from Scotland. Coffee from Colombia, produced by the Federación Nacional de Cafeteros de Colombia is the first non-EU product with this kind of protection, added on August 13, 2007. This also mean that the coffee from Colombia will be more expensive than other types of coffee, but it will have special legal protection against other brands that claim to be Colombian coffee.
There is no unconditional protection for these names on products both made and sold outside the EU. However there are a number of bilateral agreements with the EU for some level of enforcement. Agreements of this type exist between the EU and Australia (wine, 1994) (but not cheese), Canada (wine and spirits, 2003), Chile (wine and spirits, 2002), Mexico (1997, spirit drinks), South Africa (2002, wine and spirits), [http://agritrade.cta.int/Geographical%20Indications-8.pdf "Geographical Indications and the challenges for ACP countries", a discussion paper (April 2005) [dead link as of December 2006]
In the United States, for example, one can buy American champagne, Feta, Gruyère and Camembert. Products that are either made or sold in the EU, such as Australian Shiraz, which is the same grape as Syrah, are subject to regulation. For reasons of practicality some products that were traditionally made in a specific region are not subject to the PDO, often due to the quantities in which they are consumed; for example, the consumption of Cheddar cheese in the US alone is many times the amount Cheddar itself could feasibly produce.
The United States generally opposes protection of geographical designations of origin (since many of these that are protected elsewhere are commonly used generic terms in the United States, such as parmesan cheese), although there are some groups that would like to see some degree of protection for their regional designation. For example, Vidalia onions must be produced within a certain region around Vidalia, Georgia as defined by the Georgia Department of Agriculture, and 100% Florida orange juice is certified as being such by that state's Department of Citrus. Some of these marks are protected in the United States under certification mark law, such as the Idaho Potato Commission's IDAHO and GROWN IN IDAHO registered trademarks for potatoes. On the other hand, there also are cases in which a geographical name has been trademarked for a particular product that might not even be manufactured there, such as Philadelphia cream cheese. However, there is little impetus to extend further recognitions at the federal level.
Following an agreement during the 1990s by the Australian Wine and Brandy Corporation and the Australian and EU governments, the others' GIs and the nations' traditional terms of winemaking were meant to have been protected by 1997. However, this has been proceeding slowly, and while some GIs have been protected in Australia, others are still available for use (primarily for products that have always been called that). It seems unlikely it will have any effect on colloquial speech in the short term.
In Canada, a 2003 agreement made with the EU provides for protection of the names of wine and spirits. The new classification of names will be done in phases. By the end of 2013, all of the affected names will be protected, including Chablis, Champagne, Port, and Sherry.
Ideally, protected designation of origin is both a consumer protection measure and a way of protecting producers of a region's traditional and/or characteristic foods. In reality, such designations often can become a subject for divisive politics .
A complete list of agricultural products with a European Union Protected Designation of Origin (PDO), Protected Geographical Indication (PGI), or Traditional Speciality Guaranteed (TSG), listed alphabetically by nation, is at the Europa Agriculture site.
The EU strives to promote this kind of protection within WTO, e.g., via a database of multilateral registers. While having supporters, there is a considerable opposition. The following arguments against are put forth:
★ The potential complexity of the registers may be abused
★ Emigrants may want to continue to make their native products
★ Many producers will be affected by the necessary rebranding to avoid narrowing or even closing the markets
★ Extra costs may be incurred by governments, businesses, and consumers
★ The ingredients of the food determine the end product, rather than the locale where they are assembled.
★ Common words used to describe foods are also place names, ''e.g.'': Beer, Sandwich, Ham, ''etc.'', but the foods have never been commercially produced in these towns.
★ Appellation
★ Geographical indication
★ Country of origin
★ European Union Common Agricultural Policy
★ Genericized trademark
★ List of geographical designations for spirit drinks in the European Union
★ Protected geographical indications in the European Union
★ QWPSR (Quality wines produced in specific regions)
1.
National application No: 02621 - Newcastle Brown Ale
★ EU Food Quality website with access to PDO/PGI/TSG listings
★ Defra - EU Protected Food Names Scheme
★ Australian Wine and Brandy Corporation
★ [http://www.itinerarinelgusto.it Typical Italian products map
★ Monopolising Names? The Protection of Geographical Indications in the European Community
'Protected designation of origin' ('PDO'), 'protected geographical indication' ('PGI') and 'Traditional Speciality Guaranteed' ('TSG') are geographical indications ('GI's) defined in European Union Law to protect the names of regional foods. The law (enforced within the EU and being gradually expanded internationally via bilateral agreements of the EU with non-EU countries) ensures that only products genuinely originating in that region are allowed in commerce as such. The legislation came into force in 1992. The purpose of the law is to protect the reputation of the regional foods and eliminate the unfair competition and misleading of consumers by non-genuine products, which may be of inferior quality or of different flavor.
These laws protect the names of wines, cheeses, hams, sausages, olives, beers, and even regional breads, fruits, and vegetables.
Foods such as Gorgonzola, Parmigiano Reggiano, Asiago cheese, Camembert de Normandie and Champagne can only be labelled as such if they come from the designated region. To qualify as ''Roquefort'', for example, cheese must be made from milk of a certain breed of sheep, and matured in the natural caves near the town of Roquefort in the Aveyron region of France, where it is infected with the spores of a fungus (''Penicillium roqueforti'') that grows in these caves.
This system is similar to the French ''Appellation d'Origine Contrôlée'' (AOC) system, the ''Denominazione di Origine Controllata'' (DOC) used in Italy, and the ''Denominación de Origen'' system used in Spain.
| Contents |
| Within the European Union |
| Outside the European Union |
| United States |
| Australia |
| Canada |
| List of products with PDO/PGI/TSG classifications |
| Controversy |
| See also |
| References |
| External links |
Within the European Union
Article 13 of this legislation states that registered designations are protected against:
The geographical limitations can be quite strict. "Newcastle Brown Ale" is restricted to being brewed in the city of Newcastle upon Tyne in England. However, having obtained this protection for their product, the brewery decided in 2004 that it would move across the river Tyne to Gateshead. As Gateshead is a separate city, it does not fall within the required geographical restriction, so the brewery is now applying to the European Union authorities to have the geographical restriction revoked–if it is not, the brewery will either have to move back to Newcastle, or stop calling its beer "Newcastle" brown ale.[1]
Similarly, Stilton cheese can only be produced in the three English counties of Derbyshire, Leicestershire, and Nottinghamshire. Stilton village is in the traditional county of Huntingdonshire, now a district of Cambridgeshire, so Stilton cheese cannot be produced in Stilton.
This legislation expanded the 1951 Stresa Convention, which was the first international agreement on cheese names. Seven countries participated: Austria, Denmark, France, Italy, Norway, Sweden, Switzerland.
Selected products include Prosciutto Toscano (PDO) from Italy, Marchfeldspargel (PGI) from Austria, Lübecker Marzipan (PGI) from Germany, Scotch Beef and Lamb (PGI) from Scotland. Coffee from Colombia, produced by the Federación Nacional de Cafeteros de Colombia is the first non-EU product with this kind of protection, added on August 13, 2007. This also mean that the coffee from Colombia will be more expensive than other types of coffee, but it will have special legal protection against other brands that claim to be Colombian coffee.
Outside the European Union
There is no unconditional protection for these names on products both made and sold outside the EU. However there are a number of bilateral agreements with the EU for some level of enforcement. Agreements of this type exist between the EU and Australia (wine, 1994) (but not cheese), Canada (wine and spirits, 2003), Chile (wine and spirits, 2002), Mexico (1997, spirit drinks), South Africa (2002, wine and spirits), [http://agritrade.cta.int/Geographical%20Indications-8.pdf "Geographical Indications and the challenges for ACP countries", a discussion paper (April 2005) [dead link as of December 2006]
United States
In the United States, for example, one can buy American champagne, Feta, Gruyère and Camembert. Products that are either made or sold in the EU, such as Australian Shiraz, which is the same grape as Syrah, are subject to regulation. For reasons of practicality some products that were traditionally made in a specific region are not subject to the PDO, often due to the quantities in which they are consumed; for example, the consumption of Cheddar cheese in the US alone is many times the amount Cheddar itself could feasibly produce.
The United States generally opposes protection of geographical designations of origin (since many of these that are protected elsewhere are commonly used generic terms in the United States, such as parmesan cheese), although there are some groups that would like to see some degree of protection for their regional designation. For example, Vidalia onions must be produced within a certain region around Vidalia, Georgia as defined by the Georgia Department of Agriculture, and 100% Florida orange juice is certified as being such by that state's Department of Citrus. Some of these marks are protected in the United States under certification mark law, such as the Idaho Potato Commission's IDAHO and GROWN IN IDAHO registered trademarks for potatoes. On the other hand, there also are cases in which a geographical name has been trademarked for a particular product that might not even be manufactured there, such as Philadelphia cream cheese. However, there is little impetus to extend further recognitions at the federal level.
Australia
Following an agreement during the 1990s by the Australian Wine and Brandy Corporation and the Australian and EU governments, the others' GIs and the nations' traditional terms of winemaking were meant to have been protected by 1997. However, this has been proceeding slowly, and while some GIs have been protected in Australia, others are still available for use (primarily for products that have always been called that). It seems unlikely it will have any effect on colloquial speech in the short term.
Canada
In Canada, a 2003 agreement made with the EU provides for protection of the names of wine and spirits. The new classification of names will be done in phases. By the end of 2013, all of the affected names will be protected, including Chablis, Champagne, Port, and Sherry.
Ideally, protected designation of origin is both a consumer protection measure and a way of protecting producers of a region's traditional and/or characteristic foods. In reality, such designations often can become a subject for divisive politics .
List of products with PDO/PGI/TSG classifications
A complete list of agricultural products with a European Union Protected Designation of Origin (PDO), Protected Geographical Indication (PGI), or Traditional Speciality Guaranteed (TSG), listed alphabetically by nation, is at the Europa Agriculture site.
Controversy
The EU strives to promote this kind of protection within WTO, e.g., via a database of multilateral registers. While having supporters, there is a considerable opposition. The following arguments against are put forth:
★ The potential complexity of the registers may be abused
★ Emigrants may want to continue to make their native products
★ Many producers will be affected by the necessary rebranding to avoid narrowing or even closing the markets
★ Extra costs may be incurred by governments, businesses, and consumers
★ The ingredients of the food determine the end product, rather than the locale where they are assembled.
★ Common words used to describe foods are also place names, ''e.g.'': Beer, Sandwich, Ham, ''etc.'', but the foods have never been commercially produced in these towns.
See also
★ Appellation
★ Geographical indication
★ Country of origin
★ European Union Common Agricultural Policy
★ Genericized trademark
★ List of geographical designations for spirit drinks in the European Union
★ Protected geographical indications in the European Union
★ QWPSR (Quality wines produced in specific regions)
References
1.
National application No: 02621 - Newcastle Brown Ale
External links
★ EU Food Quality website with access to PDO/PGI/TSG listings
★ Defra - EU Protected Food Names Scheme
★ Australian Wine and Brandy Corporation
★ [http://www.itinerarinelgusto.it Typical Italian products map
★ Monopolising Names? The Protection of Geographical Indications in the European Community
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