Designations of origin
26 February 2020 - The Geneva Act of the Lisbon Agreement has entered into force!
April 25, 2016 - Infringement of geographical indications in the EU
The concept of designation of origin was introduced in 1905. Initially intended for wines and brandies, the protection conferred by designations of origin was expanded to all agricultural and products and in 1990.
A designation of origin is a distinctive sign intended to protect a product originating in a specific geographical area that derives its quality and specific characteristics from such area. It therefore characterizes an inseparable link between a given product and a given geographical area.
Designations of origin protect agricultural and agri-food products but also industrial and manufactured products (Law of 17 March 2014 on consumption and its implementing decree of 2 June 2015).
INAO’s role in the defence and promotion of PDO/PGI
The National Institute of origin and quality (INAO) is a public administrative institution responsible for the implementation of French policy on official signs of identification of the origin and quality of agricultural and food products: appellation d’origine contrôlée (AOC), protected designation of origin (PDO), protected geographical indication (PGI), traditional specialty guaranteed (TSG), label rouge (LR) and organic farming (agriculture biologique (AB)).
INAO’s role in the recognition and protection of designations of origin and geographical indications is central as it controls those relating to agricultural products, agri-food products and natural resources.
Protected Designation of Origin (PDO)
The PDO (Protected Designation of Origin) identifies a product originating in a specific geographical area for which :
- - the quality or characteristics are essentially or exclusively due to the geographical environment, including natural and human factors, and
- - all stages of production take place in the defined geographical area.
It is a European sign that protects the name of the product throughout the European Union. The rules for producing a PDO are set out in a specification drawn up by a defence and management organization and are subject to control procedures implemented by an independent organization approved by the INAO.
The AOC (appellation d’origine contrôlée) was replaced in France in 2012 by the PDO (protected designation of origin) for any products registered at the European level.
The term AOC is maintained only for French wines that comply with the following conditions:
- - name of a locality used to designate a wine originating from that locality,
- - the quality or characteristics of which are essentially or exclusively due to a particular geographical environment with its inherent human and natural factors,
- - this wine has a duly established notoriety, and
- - the production is subject to amicable procedures involving the approval of the parties concerned, the monitoring of production conditions and the control of the products.
Protected Geographical indication (PGI)
The PGI (Protected Geographical Indication) identifies a product originating in a specific geographical area for which :
- - a given quality, reputation or other property can be attributed essentially to its geographical origin ;
- - and at least one of the stages of production takes place in the defined geographical area.
Traditional Speciality Guaranteed (TSG)
The TSG (Traditional Speciality Guaranteed) identifies a specific product or foodstuff:
- - which results from a method of production, processing or composition corresponding to a traditional practice for that product or foodstuff; or
- - which is produced from raw materials or ingredients that are those traditionally used.
The Red Label is a French national sign that refers to products which, by their terms of production or manufacture, have a higher level of quality compared to other similar products generally sold.
In addition to the sensory characteristics of the Label Rouge product and their perception by the consumer, the superior quality is based on:
- - production conditions, which differ from the conditions of production of similarly sold products,
- - product image in terms of its conditions of production,
- - elements of the presentation or service.
The products that can benefit from a Label Rouge are foodstuffs and non-food and unprocessed agricultural products regardless of their geographical origin (including outside the European Union).
A Label Rouge food or product can simultaneously benefit from a Protected Geographical Indication or a traditional Speciality guaranteed, but not from a Designation of Origin (PDO).
Application for claims for recognition as PDO and PGI
The procedure for recognition as PDO and PGI is a collective process that must be carried out by a group representing all the operators in the sector concerned.
This group must first submit an application for recognition to the INAO’s local services consisting of the following documents:
- - the letter of transmittal indicating the application;
- - the presentation and motivation of the project, including its technical and economic impact;
- - the application for recognition as a Defense and Management Organization (ODG);
- - the draft specifications, (accompanied, if necessary, by supporting documents relating to certain elements of the specifications: name to be registered, packaging, immediate vicinity, etc.);
- - a document to ensure the controllability of the conditions of production of the specifications. The chosen inspection body must submit an inspection plan to the INAO during the examination of the application.
Once the application for recognition has been sent to INAO, the National instruction procedure shall begin:
The application is first submitted to the Standing Committee, which examines its appropriateness, and then to the Commission of Inquiry, which analyses and guides the file.
The National Committee then decides on the delimitation of the geographical area and the draft specifications. If it considers that the application fulfils the required conditions, it decides to implement a national objection procedure. This objection procedure is designed to make the entire proposal for recognition of a new PDO or PGI known, and any person with a legitimate interest may lodge an objection within two months. In the event of admissible objections, the National Committee decides upon them.
After transmission to the supervisory ministries of the INAO, the specifications are approved by the publication of an interministerial decree in the Official Journal of the French Republic and by publication in the Official Journal of the Ministry of Agriculture.
The European instruction procedure for registration as a PDO or PGI is then carried out:
The Ministry of Agriculture forwards the PDO or PGI registration application to the European Commission, which must examine it within a maximum of 6 months.
After examination by the European Commission, the application is published in the Official Journal of the EU in order to open the European objection procedure to the other Member States, which may lodge an objection within two months. If no opposition has been lodged, a registration regulation adding the name to the European register of PDOs and PGIs is published.
INAO shall send a copy of the specification to the applicant and the inspection organization.