Regional products
Poland's accession to the European Union created an opportunity for producers from the food industry to protect regional and traditional names through the signs: PDO - protected designation of origin, PGI - protected geographical indication and TSG - traditional speciality guaranteed, and hence to promote the areas in which they are produced.
The registration of products' names allows the variety of the food produced to be increased and simultaneously to provide the opportunity for producers manufacturing high quality and exceptional products to exist on a market that is dominated by mass-produced food. The manufacture of regional and traditional products can also help with the development of rural areas by diversification of agricultural activities and promoting these regions.
Protected Designation of Origin (PDO)
A protected designation of origin means the name of the region, specific place or, in exceptional cases, the name of a country that is used to describe agricultural product or foodstuff. The product's quality or characteristic features should be mainly or exclusively related to the specific geographical environment, as well as the natural and human factors appropriate to it. The whole of the technological process, meaning: production, processing and preparation, takes place in this specific geographical area.
Protected Geographical Indication (PGI)
A protected geographical indication means the name of the region, specific place or, in exceptional cases, the name of a country that is used to describe agricultural product or foodstuff originating from that region, place or country. This product has its specific, unique quality and reputation, it is renown or has other features attributed to this geographical place of origin. At least one of the three processes: production, processing or preparation of the product must take place in the defined area.
Traditional Speciality Guaranteed (TSG)
Speciality means a feature or set of features that clearly distinguish agricultural product or foodstuff from products similar to them or from products belonging to the same category. The features may be the taste, flavour or specific raw materials used for production. However, the method of presentation or packaging the product cannot denote a speciality. The product can be called “traditional”, when it has been on the common market for the period of time equal to one generation i.e. at least 25 years.
Legal Basis:
- The Act of 17th December 2004 on registration and protection of names of agricultural products and foodstuffs (with amendments),
- The Act of 21st December 2000 on the commercial quality of agricultural and food products (with amendments),
- Council Regulation (EC) No 509/2006 of 20 March 2006 on agricultural products and foodstuffs as traditional (OJ L 93, 31.03.2006, p. 1),
- Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (OJ L 93, 31.03.2006, p. 12),
- Council Regulation (EC) No 1898/2006 of 14 December 2006 laying down detailed rules of implementation of Council Regulation (EC) No 510/2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (OJ L 369, 23.12.2006, p. 1).,
- Council Regulation (EC) No 1216/2007 of 18 October 2007 laying down detailed rules for the implementation of Council Regulation (EC) No 509/2006 on agricultural products and foodstuffs as traditional specialities guaranteed (OJ L 275, 19.10.2007, p. 3).
The authorities with competence in assessing applications for registration are:
- The Minister with competence for agricultural markets, who:
- accepts, evaluates and forwards applications for registration and applications to change the product's specification to the European Commission,
- conducts proceedings in the event that another state raises an objection to an application for registration filed by Poland,
- receives objections and conducts proceedings in the event that Poland raises an objection to an application for registration filed by another country,
- submits information to the European Commission on authorities and bodies with competence for products' control and certification.
- The Council for Traditional and Regional Names of Agricultural Products and Foodstuffs, as a advisory body of the Minister, which provides opinions on:
- applications for registration and applications to change specifications,
- reservations on applications for registration,
- objections to applications for registration raised by another state,
- objections raised by Poland to another Member State's application for registration.
The authorities and bodies involved in the control and certification system of products registered as PDO, PGI or TSG are:
- The Minister with competence in agricultural markets
- who authorises the certification bodies to carry out controls and to issue and withdraw certificates confirming that products registered as PDO, PGI and TSG meet the requirements laid down in the specification.
- The Chief Inspector of Agricultural and Food Quality Inspection (AFQI):
- who supervises the certification bodies authorised by the minister with competence in agricultural markets.
- The Voivodeship Inspector of Agricultural and Food Quality Inspection (AFQI):
- who carries out verification with compliance with specification of products with PDO, PGI and TSG.
- Authorised certification bodies
- which carry out verification with compliance with specification of products with PDO, PGI and TSG. 6 authorised certifying bodies in regional and traditional products operate in Poland.
The role of Agricultural and Food Quality Inspection (AFQI)
AFQI carries out official controls of foodstuffs bearing protected names: Designations of Origin, Geographical Indication and Traditional Speciality Guaranteed, supervises of product certification bodies; carries out verification with compliance with specification of products with PDO, PGI and TSG.
Verification of compliance with specifications
Verification of compliance with specifications of the production process of products registered as PDO, PGI and TSG is carried out on the request of producers by AFQI or an authorised certification body. The selection of certification body is made by producers, who cover the costs of the inspection. This inspection has the objective of checking whether the product that is produced complies with the declared specification.
The scope, frequency and type of control depend on the specific nature of the production process of the given product and are defined in the specification.
In the case of verification of compliance with specification by AFQI, it is conducted in accordance with the principles of assessing the commercial quality of agricultural and food products, described in the Act of 21 December 2000 on the commercial quality of agricultural and food products (with amendments).
Official control
In accordance with the Act on the commercial quality of agricultural and food products, the tasks of AFQI also include the official controls of agricultural and food products registered as PDO, PGI and TSG, as well as cooperation with the authorities conducting such controls in other EU member states. Official controls also ensure that registered names are protected against use for commercial purposes, appropriation, imitation or allusion, as well as all other practices that could mislead consumers as to the product's true origin.
