Traditional specialities guaranteed

yellow-blue seal with the wording: “garantiert traditionelle Spezialität” (traditional speciality guaranteed)
Photo: EU

Many products are obtained using traditional raw materials or a traditional method. The protection of these products is regulated by Regulation (EU) No 2024/1143.

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 traditional specialities guaranteed.

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

Presently, 3 Austrian traditional specialities guaranteed are protected.

What are traditional specialities?

Traditional specialities are products which are either

  • produced from raw materials traditionally used or
  • are characterised by a traditional composition or
  • result from a mode of production corresponding to traditional practice for that product (Article 53 para. 1).

The names to be protected must have been traditionally used to refer to the product concerned, such as mozzarella, or identify the specific characteristics of the product (for example haymilk) (Article 53 para 2).

What does “traditional” mean?

‘Traditional’ means the usage of the name for a period that allows transmission between generations. That period is to be at least 30 years (Article 2 para. 3).

What is protected (object of protection)?

The entry of the name of the traditional speciality guaranteed into a Union register has the effect of protecting the name, which means that a product may only be designated with the registered name if it complies with the product specification (Article 68).

If the name of the traditional speciality guaranteed is also used in another country for comparable products which, however, do not comply with the mode of production of the product specification, it may be provided that the traditional speciality guaranteed has to be accompanied by the claim ‘made following the tradition of’, immediately followed by the name of the country xy.

What is a product specification?

The product specification (Article 54) defines the product, determines the production method and describes the elements establishing the product’s traditional nature.

How are traditional specialities guaranteed registered?

The procedure for the registration (Article 56 et seq.) is initiated by the applicant producer group filing the application for registration with the Austrian Federal Office for Consumer Health (BAVG). The BAVG examines that application in order 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 BVAG 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 traditional specialities guaranteed.

Before the European Commission takes its final decision, the name and the product specification are published in the Official Journal of the European Union, C series. This publication initiates an opposition procedure (Article 1) 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 62) 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 Federal Office for Consumer Health, Spargelfeldstraße 191, 1220 Vienna, phone: +43 (0) 50 555 - 25450.

The authorities in charge of the controls are the Federal Ministry of Labour, Social Affairs, Health, Care and Consumer Protection, Radetzkystraße 2, 1031 Vienna, phone: +43 1 711 00-0, and the respective Provincial Governor.

If the traditional speciality guaranteed is produced in a different Member State, the control is performed by the competent authority of that country.

How are traditional specialities guaranteed identified?

The European Union emblem, the term ‘traditional speciality guaranteed’ or the corresponding abbreviation ‘TSG’ on the label show that the product is a protected speciality guaranteed according to Regulation No 2024/1143.

Of course, these terms and the emblem 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.

How is compliance with the 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 use of the registered name 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 specification by accredited authorised control bodies.

Links


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

In the database ‘eAmbrosia’, the names applied for and registered can be called up. The individual product specifications are not offered, however, as they are to be published by the relevant Member States only.

The product specifications of the Austrian traditional specialities guaranteed can be found on the website of the Federal Office for Consumer Health and on the communication platform for consumer health “Kommunikationsplattform Verbraucher:innengesundheit”.

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 2024/1143, please contact sabine.prichenfried@bmluk.gv.at (phone: 01/71100 602144).

More information

Downloads

Explanatory leaflet traditional specialities guaranteed (barrier-free) (PDF, 274,3 kB) (PDF, 274 KB)