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Regulation (EU) No 1151/2012

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Regulation (EU) No 1151/2012
TitleRegulation (EU) No 1151/2012
TypeRegulation
Adopted2012
JurisdictionEuropean Union
Subjectquality schemes for agricultural products and foodstuffs
Statusin force

Regulation (EU) No 1151/2012

Regulation (EU) No 1151/2012 is an EU law establishing quality schemes for agricultural products and foodstuffs, integrating rules on geographical indications and traditional specialities guaranteed across the European Union and its Member States. It aimed to consolidate previous instruments, align with policies of the European Commission and the European Parliament, and interface with international frameworks such as the World Trade Organization and the Agreement on Trade-Related Aspects of Intellectual Property Rights. The measure interacts with national authorities, regional administrations, and sectoral organizations like the Food and Agriculture Organization and the Organisation for Economic Co-operation and Development.

Background and legislative context

The regulation was adopted within the institutional balance of the European Parliament and the Council of the European Union, under procedures shaped by prior acts such as Council Regulation (EC) No 510/2006 and Commission Regulation (EC) No 509/2006, and in the context of the Lisbon Treaty arrangements. It responded to debates among stakeholders including the European Economic and Social Committee, the Committee of the Regions, and national ministries from capitals like Paris, Rome, Madrid, Berlin, and Brussels. Negotiations referenced precedents from international instruments negotiated in forums such as the United Nations Conference on Trade and Development, and consulted customary frameworks used by the World Intellectual Property Organization and the International Organization for Standardization.

Scope and objectives

The regulation defines the remit for protection of names linked to origin and traditional methods, addressing products ranging from wines and spirits to cheeses and meats recognized in regions such as Champagne, Bordeaux, Parma, Roquefort, and Kraków. Objectives included enhancing rural development policies supported by the European Agricultural Fund for Rural Development, improving market transparency for consumers in cities like London, Vienna, Athens, and Lisbon, and reinforcing enforcement compatible with commitments under the Trade Facilitation Agreement and bilateral accords with partners including United States, China, Canada, and Japan.

Protected designations and quality schemes

The regulation codified schemes including Protected Designation of Origin (PDO), Protected Geographical Indication (PGI), and Traditional Speciality Guaranteed (TSG), connecting designations to regions such as Tuscany, Catalonia, Brittany, Sicily, and Bavaria. It clarified distinctions drawn in earlier cases before the Court of Justice of the European Union and referenced jurisprudence involving parties from Belgium, Hungary, Netherlands, and Poland. The schemes were designed to interoperate with wine and spirit regimes exemplified by Champagne, Scotch whisky, and Cognac, and with labels practiced in territories like Corsica, Sardinia, and Andalusia.

Registration and application procedures

The regulation set procedures for registering names via national authorities and the European Commission's public register, involving documentation similar to files prepared by consortia in Douro, Piedmont, Provence, Savoie, and Galicia. Applications required product specifications, geographical delimitation, and proof of linkages to places such as Auvergne, Alsace, Burgundy, Lombardy, and Zagreb. Dispute settlement mechanisms referenced administrative channels in capitals like The Hague, Dublin, and Stockholm and legal recourse before the Court of Justice of the European Union where intervenors included associations from Greece, Romania, and Lithuania.

Responsibilities of Member States and enforcement

Member States were tasked to operate competent authorities, maintain inspection systems, and cooperate on enforcement measures with bodies such as the European Anti-Fraud Office and customs administrations in ports like Rotterdam, Antwerp, Hamburg, and Valencia. The regulation required controls against misuse and misleading practices, coordination with market surveillance in cities like Frankfurt, Zurich, Oslo, and Copenhagen, and cross-border assistance under instruments used by agencies in Budapest, Prague, and Bratislava.

Impact and evaluation

Assessment of the regulation drew on empirical studies referencing regions such as Normandy, Napa Valley, Moselle, Loire Valley, and Transylvania, and institutions including the European Court of Auditors and research centers at universities like Oxford University, Sorbonne University, University of Bologna, and Humboldt University of Berlin. Evaluations considered effects on competitiveness in markets centered in Milan, Barcelona, Munich, and Stockholm, impacts on small producers in Brittany, Wales, and Silesia, and implications for trade negotiations with partners like Brazil, India, and South Africa.

Subsequent amendments and related acts referenced include implementing and delegated acts adopted by the European Commission, complementary rules in Council regulations, and harmonizing provisions connected to instruments like the Common Agricultural Policy reforms endorsed at summits in Copenhagen and Brussels. The regulation operates alongside sectoral frameworks governing wine, spirits, and seeds, interacting with measures adopted by authorities in Luxembourg, Malta, Cyprus, and Estonia and reflected in guidelines from bodies such as the European Food Safety Authority and the European Consumers' Organisation.

Category:European Union regulations