Protected designations of origin and protected geographical indications

Two seals with the wording “Geschützte Herkunftsbezeichnung” (protected designation of origin) and “geschützte geografische Angabe” (protected geographical indication). — Photo: EU

Many geographical names identify products with specific characteristics. Regulation (EU) No 2024/1143 serves to protect these designations of origin and geographical indications.

Regulation (EU) No 2024/1143 of the European Parliament and of the Council of 11 April 2024 on geographical indications for wine, spirit drinks and agricultural products, as well as traditional specialities guaranteed and optional quality terms for agricultural products (OJ L 343 2024/1143, of 23 April 2024) lays down the rules on the protection of designations of origin and geographical indications for agricultural products and foodstuffs, wine and spirit drinks that possess specific verifiable characteristics and qualities due to their geographical origin.

It has been in force since 13 May 2024 and replaces Regulation (EU) No 1151/2012 which previously governed this area. The designations already registered were transferred into the new system and are considered protected according to Regulation (EU) No 2024/1143.

Regulation (EU) No 2024/1143 consolidates the previously applicable general legal provisions for designations of origin and geographical indications for agricultural products, wine and spirit drinks into one single regulation and contains the specific provisions for agricultural products. Only the provisions specific to wine and spirit drinks have remained in the respective regulations (Regulation (EU) No 1308/2013 for wine and Regulation (EU) No 2029/787 for spirit drinks).

The following explanations apply only to the agricultural products.

Presently, 17 Austrian designations are protected.

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

For the purposes of Regulation (EU) No 2024/1143 (Article 46, para. 1) the term ‘designation of origin’ is used to identify an agricultural product

originating in a specific place, a specific region or, in exceptional cases, a specific country;
whose quality or characteristics are essentially or exclusively due to this area (with its inherent natural and human factors) and
the production steps of which all take place in the defined area.

For the purposes of Regulation (EU) No 2024/1143 (Article 46 para. 2) a ‘geographical indication’ is the name used to identify an agricultural product

originating in a specific place, a specific region or a specific country;
whose quality, reputation or other characteristic is essentially attributable to this origin; and
at least one of the production steps of which takes place in the defined 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 production steps (from the raw material to the finished product) have to take place in the determined area, while for the geographical indication the product must only have been processed in the name-giving area, while the basic product originates from another area.

The protection is the same for both categories.

What is protected (object of protection)?

The Regulation applies

to agricultural products, including foodstuffs and fishery and aquaculture products, listed under Chapters 1 to 23 of the Combined Nomenclature set out in Part two of Annex I to Regulation (EEC) No 2658/87, and
to the agricultural products under the Combined Nomenclature headings set out in Annex 1 to Regulation No 2024/1143, except wine and spirit drinks (Article 5(1)).

The names registered under Regulation (EU) No 2024/1143 are reserved for products that were produced in the geographical area and in accordance with the requirements set out in the product specification. Only these products may be designated and marketed under the protected name.

The registered name is comprehensively protected against misuse, against the exploitation of its reputation and against any misleading use or other misleading practices (Article 26).

What is a product specification?

The product specification (Article 49) defines the product, determines the production method, specifies the geographical area and sets out the elements justifying the granting of a designation of origin or geographical indication.

How is the name registered?

The procedure for the registration of a name as a designation of origin or as a geographical indication (Article 9 et seq.) is initiated by the applicant producer groups filing the application for registration with the Austrian Patent Office. The Patent Office examines the application to check whether protection of the name is justified and, if the result of the examination is favourable, forwards the application to the European Commission. The decision of the Patent Office and the product specification are published.

If the European Commission shares the opinion of the national authority, the name is entered into the Union register of geographical indications.

Before the European Commission takes its final decision, the name and the single document (a summary of the main points of the product specification) are published in the Official Journal of the European Union, C series. This publication initiates an opposition procedure (Article 17 et seq.) during which any natural or legal person having a legitimate interest may lodge an opposition against the intended registration with the competent authority of its Member State, provided that any of the grounds indicated in Regulation (EU) No 2024/1143 (Article 19) applies.

Which authority is in charge?

The authority in charge of the implementation of the procedures (registration of the name, amendment of the product specification, cancellation of the name, opposition procedure) is the Austrian Patent Office, Dresdner Straße 87, 1200 Vienna, phone: 01/53424-0.

The authorities in charge of the controls are the Federal Ministry of Labour, Social Affairs, Health, Care and Consumer Protection, Radetzkystraße 2, 1030 Vienna,
phone: 01/71100-0, and the respective Provincial Governor.

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

The respective European Union emblem, the term ‘protected designation of origin’ or ‘protected geographical indication’ or the corresponding abbreviations ‘PDO’ and ‘PGI’ on the label show that the name is protected according to Regulation No 2024/1143.

Of course, these terms and the emblem - as well as the protected name itself - may be used only if the product meets all requirements set out in the product specification and compliance with the product specification has been verified. Products that were not produced in the area or that do not comply with any other requirements set out in the product specification (in particular, the production method) must therefore not be marked with the registered designation of origin or geographical indication.

How is compliance with the product specification verified?

Compliance with the product specification is verified by national authorities - which, in Austria, is the respective Provincial Governor - or by accredited product certification bodies. The control includes the verification of compliance with the product specification and verification of the lawful use of the protected designation of origin or the protected geographical indication on the market.

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 product specification by accredited authorised control bodies.

For the verification of compliance with the product specification, the applicant producer group has to prepare a so-called “project description” outlining the control procedures derived from the requirements of the product specification. 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 Labour, Social Affairs, Health, Care and Consumer Protection.

Links

Information on Regulation (EU) No 2024/1143 is also available on the website of the European Commission.

In the database ‘eAmbrosia’, 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.

The product specifications of the Austrian protected designations of origin and protected geographical indications can be found on the website of the Austrian Patent Office.

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 questions concerning Regulation No 2024/1143, please contact sabine.prichenfried@bmluk.gv.at (phone: 01/71100 602144).

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