Protected Geographical Indication

Protected Geographical Indication (PGI) products are those for which the raw material and/or transformation and/or processing and/or ageing belong to a given geographical area which gives them particular features. In this case the connection between products and geographical areas can simply consist in the products' reputation; their raw material can be obtained even outside the defined area.

Therefore, PDO and PGI products' features depend partially or totally on the climatic and soil environment of the production areas, with their historical-economical, sociological and cultural factors.

The close connection between a foodstuff and its geographical production area makes its characteristics completely different from those of another product belonging to the same category but produced in a different geographical area.

To protect the typicality of certain food products particularly linked to a territory, give it its true value and promote them, the European Community promulgated a legislation in 1992, providing precise registration at the European Community level of DOP, IGP and TSG productions which are currently regulated by Regulation (EU) n. 1151/2012.

Such regulation is linked to those applied by the European Community (Regulation EU n. 668/2014)by the national government (D.M. 12511 of 10/14/2013) and regional government (Regional regulation n. 2 of 12 November 1998)), which together defines the process for the approval and registration of the DOP and IDP products.

The agricultural products that may be subject to IGP recognition are those intended for human consumption belonging to the following categories:

• Live animals, fresh meat, meat processing (salted, smoked, etc.)
• Cheeses, fats (oil, butter, etc.)
• Vegetables, fruits and cereals in their natural form or processed
• Fish, molluscs and shellfish
• Beers
• Vinegars
• Beverages from plant extracts
• Chocolates and derivatives
• Breads, pastries, confectionery and biscuits
• Gums and natural resins
• Mustard paste
• Pasta
• Other animal products (eggs, honey, etc.)
• Sugar
• Salt

And numerous agricultural products not intended for human consumption such as:

• Hay
• Essential oils
• Cork
• Cochineal
• Flowers and ornamental plants
• Wool
• Wicker
• Cotton
• Scotched flax
• Leather
• Hides
• Feathers

Guaranteed traditional Specialities:

• Ready meals
• Beer
• Chocolate and its derivatives
• Breads, pastries, confectionery or biscuits
• Beverages from plant extracts
• Pasta
• Salt

Names of agricultural products or foodstuffs, initially linked to the place or region of origin, which have become, in the current language, a common name used for products regardless of the place of production, cannot be registered if the so-called "names have become generic".

Persons entitled to present applications for approval of a IGP recognition

The application for recognition may be presented by the so-called "groups," i.e. any association, incorporated under the law or a group of producers and/or processors who actually produce or process the agricultural product or foodstuff in the territory delimited by the regulation. In addition to associations of producers and processors, other parties may submit their applications as long as they belong to the production chain. Among the social objectives of the associations, is the compulsory registration of the product for which the recognition is requested (or at least the request for the recognition of the IGP should have been deliberated in a meeting) and in any case in the articles or in the statutes of the association, there must be a provision that states that the association cannot be dissolved before obtaining the purpose for which it was established.

How to present the request for recognition

The association that appeals for the registration should present the request to the MIPAF and to the region of competence.
The request must be signed by a legal representative, duly stamped and sent by certified mail, accompanied by the following documentation:

• Memorandum or statutes of the association;
• Resolution of the association that demonstrates the willingness of the producers to submit an application for the registration of the IGP or DOP, if this provision is not contained in the association's constitution or statutes;
• Production specification, that contains all the elements referred to in EC Regulation n. 1151/2012 and all the adequate elements for the identification of the product; it is necessary, therefore, to designate an identifying symbol or logo (graphic sign and/or wording that has to be original, capable of being distinctive, consistent with the principles of the current legislation regarding public order and morality) the dimensions, font and colorimetric indexes for which must be provided;
• Technical Report, that clearly describes the link with the territory, intended as a casual connection between the geographical area and the quality or characteristics of the product. The product that seeks recognition must have at least one qualitative characteristic that differentiates it from the standard quality of products of the same type obtained from the territory of production.
• Historical report, with complete bibliographical references, which would prove that the production of the product has been going on for at least 25 years, even if not continuous, as well as the consolidated use of the denomination of which the registration is requested.
• Economic report, which shows the current amount of the product, potential productive capacity of the territory, number of interested companies for each individual segment of the productive chain, geographical and commercial destination of the product, current demand for the product and its medium- term demand estimate.
• Cartography in an adequate scale to determine precisely the territory of production and its boundaries.
• Receipt of payment of contributions to cover the costs.

The single document must be submitted together with the motion and the attached documentation.

Preliminary procedure of the registration request

Within 90 days from the date of receipt, the Region evaluates the documentation received and forms an opinion, according to the procedures established by Regional Regulation n. 2 of 12 November 1998 as long as it is not in contrast with the current norms, and publishes the news concerning the submission of the application on the BURP (Piedmont Region Official Bulletin). The Region then issues its views, which are then transmitted to the Ministry of Agriculture, Food and Forestry.

Within the 90 days following receipt of the Region's views, the Ministry, in turn, carries out its own verification of the documentation and in case of a positive outcome of the preliminary verification, indicates together with the Region of Piedmont, a meeting of public assessment with all interested parties (municipalities concerned, professional organizations and categories, producers and business operators of the sector) during which the specification is read and will be published on the GURI, for any eventual presentation of opposition in the next 30 days. In the absence of opposition, the documentation will be forwarded to the European Community and the specification will be published on the Ministry's website.

Within six months, the Commission examines the application submitted to establish whether it is justified and meets the conditions laid down in Regulation 1151/2012. In case of a positive outcome of the preliminary verification, the single document and the reference of the publication of the specification will be published in the Official Journal of the European Union. If within three months no opposition is presented, the Commission then proceeds with the registration of the denomination and will publish this on the Official Journal of the European Union.

PDO products in transient protection

Once the products are approved by the Italian government and are waiting for the approval in the European level, it is facultative for the promoting party to ask a Ministerial Decree that will give transient protection of the denomination exclusively on the national level. The products can therefore be marketed with the specific logo that clearly defines this transitory situation, as long as plans for inspections have been approved and, therefore, show that a control body is already active. In case of a subsequent non-registration of the denomination by the European Community, the responsibility falls on those who made use of the provisory protection.

The IGP Status :

• It gives the consumer the guarantee that the product they are buying has certain origins and that precise production characteristics conformed to a clear-cut production specification.
• Protects the producer against any imitation or unfair competition and fraud.

But the IGP products can be protected only if the guarantees offered are verifiable; it is for this reason that the owners of a IGP are subjected to audits (even before the products are marketed) by independent third parties authorized by the Ministerial Decree.

The costs of such controls are sustained directly by the producers and sometimes results in difficult economic sustainability of the registered denomination, especially for cases where the IGP product has limited expansion possibilities at commercial levels.

The control bodies are themselves under supervision as defined in MD 16/02/2012 by the National System of Supervision to verify the maintenance of the minimum requisites.

But the supervisory function is also carried out by the Safeguarding Consortiums authorized by the Ministry: in fact these bodies, aside from engaging in development and promotion, also carry out checks along the production chain that use the IGP status even if not part of the protection consortium.

The IGP product labelling is recognizable because:

• It is next to the name of the product written in full or as an acronym: Protected Geographical Indication (PGI)(IGP)
• It has the following written: "Guaranteed by the Ministry of Agriculture and Forestry..."
• It has the Community identification IGP logo predisposed by the EU, in all languages to ensure the authenticity of the product for the consumer and as a tool for commercial promotion for the producers.

The following information may also be present:

• The identifying logo of the product/association of producers
• An indication of the EU Regulation that approved the IGP
• The name of the control body, with possible wording "authorized by MIPAF with M.D. of... "