Designations of origin and geographical indications

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  (OJ L 343, 14.12.2012, page 1) lays down the rules on the protection of designations of origin and geographical indications for certain agricultural products and foodstuffs which show specific characteristics and qualities due to their geographical origin.

It entered into force on 3 January 2013 and replaces Regulation no 510/2006 which had regulated these affairs until that time. The designations registered according to Regulation 510/2006 were transferred into the new system and are considered protected according to Regulation 1151/2012.

Presently, 16 Austrian designations are protected.

Which authority is in charge?

The authority in charge of registration is the Austrian Patent Office, Dresdner Straße 87, 1200 Vienna, phone: 01/53424-0.

The authority in charge of controls is the Federal Ministry of Social Affairs, Health, Care and Consumer Protection, Radetzkystraße 2, 1030 Vienna, phone:,  01/71100-0.

What is protected (object of protection)?

Specific geographical names may exclusively be used for specific agricultural products and foodstuffs. No products except for these may be designated and marketed with the protected geographical name.

These are products that are produced in a precisely defined area and according to a specific mode of production. Area and mode of production are set out in a “specification“ that was prepared by a producer group.

Products that were not produced in the area or that were not produced according to the mode of production set out in the specification must not be designated with the protected geographical name.

The Regulation applies to all agricultural products intended for human consumption listed in Annex I to the Treaty on the Functioning of the European Union as well as to the foodstuffs and agricultural products listed in the annexes to the Regulation (Article 2 para. 1).

The Regulation does not apply to wine-sector products or to spirit drinks, as there are separate Community regulations that offer a higher level of protection.

What are (protected) designations of origin and (protected) geographical indications?

A ‘designation of origin’ is the term which is used to identify a product

• originating in a specific place or a specific region;
• the production steps of which all take place in the defined area; and
• the quality or characteristics of which are essentially or exclusively due to this environment (Article 5, para. 1).

‘Geographical indication’ means the name used to identify a product

• originating in a specific place or region;
• at least one of the production steps of which take place in the defined area; and
• whose given quality, reputation or other characteristic is essentially attributable to its origin (Article 5, para. 2).

For the geographical indication it is therefore sufficient for example that the product has only been processed in the area, whilst the basic product originates from another area.

What is the difference between a designation of origin and a geographical indication?

The difference between the two terms relates to the intensity of the link between the area of production and the product. In the case of designations of origin all steps of production (from the raw material to the finished product) have to take place in the given area, while for a geographical indication the product must only have been processed in the name-giving area, while the basic product originates from another area.

The prerequisites for the grant of protection (for example defined geographical area, determined mode of production) and the protection are the same for both categories.

How is protection achieved (procedure for the granting of protection)?

The procedure (Article 49 and the following) starts with the application for registration of the producer group with the Patent Office.  The Patent Office verifies the worthiness of protection of the name and, in the case of a favourable result, forwards the application to the European Commission. The favourable decision of the Patent Office and the specification are published.

If the European Commission shares the opinion of the national authority, the name is entered into a regulation of the European Commission and published in the Official Journal of the European Union, L series.

Forms for the preparation of the application documents are available on the homepage of the European Commission.

Before the European Commission makes its final decision, the name is published in the Official Journal of the European Union, C series. With this publication the opposition procedure starts (Article 51). Within three months any natural or legal person having a legitimate interest may lodge a notice of opposition against the intended registration, if any of the grounds of opposition listed in Regulation no 1151/2012 (Article 10) apply.

Specification (Article 7)

The specification defines the product (including the method of obtaining the product) and area, describes the elements justifying the granting of the designation of origin or the geographical indication and includes information concerning the verification of compliance with the specification (control body).

How are protected designations of origin and protected geographical indications marked?

The term ‘protected designation of origin’ or ‘protected geographical indication’ (or the corresponding abbreviations ‘PDO’ and ‘PGI’) and the European emblem on the labelling show that the name is protected according to Regulation no. 1151/2012.

As a matter of course these terms and the emblem - as well as the name itself - may be used only if the product complies with all requirements set out in the specification (this includes the verification of compliance by the control body given in the specification). Products that were not produced in the area or that do not comply with any other requirements set out in the specification (for example the production method or the requirements of control) must therefore not be marked with the protected geographical name.

How is compliance with the specification verified?

Compliance with the product specification is verified by national authorities or by accredited product certification bodies.

In Austria, § 3 para. 2 pt. 1 of the law on the implementation of EU quality schemes (“Qualitätsregelungen-Durchführungsgesetz - EU-QuaDG”), Federal Law Gazette I No 130/2015, provides for the verification of compliance with the specification by private accredited control bodies authorised by the Provincial Governor.

As the way of verifying compliance with the specification is part of the product specification, the group applying must develop a control system already before filing the application and must give the name of the control body in the specification.

To illustrate the verification processes the group applying has to prepare a so-called “project description”. The details of this “project description” are explained in a guideline on the preparation of a project description (“Leitfaden zur Erstellung einer Projektbeschreibung”) of the Federal Ministry of Social Affairs, Health, Care and Consumer Protection.

Links

Information on Regulation 1151/2012 is also available on the homepage of the European Commission. In the Datenbank eAmbrosia  (the EU geographical registration register) the protected designations and the designations for which an application for protection has been filed can be called up. The individual specifications are not offered, however, as they are to be published by the relevant Member States only.

Advice and assistance in the preparation of applications is offered by the association Serviceverein für geschützte Herkunftsbezeichnungen für Lebensmittel (SVGH): Andreas Cretnik, office@svgh.at (phone: 0664/882 489 87).

For any questions concerning Regulation no 1151/2012, please contact Sabine.Prichenfried@bml.gv.at (phone: 01/71100 602144).