The Protection of Traditional Foods in the EU: Traditional Specialities Guaranteed

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Abstract

Since the dawn of the common market, the European Union has enacted abundant legislation regulating the employment of specific food names. This process has led to the introduction of a regulatory framework for wines and spirits, and four quality schemes for food products: protected denominations of origin (PDO), protected geographical indications (PGI), traditional specialities guaranteed (TSG), and optional quality terms (OQT). This paper focuses on the TSG. It will first determine the collocation of this quality scheme in the EU legal framework; second, it will conduct a legal exegesis of the norms regulating the TSG under the previous Regulation 509/06 and analyse the ways in which they have been interpreted and applied; third, it will suggest reasons for the limited success of this scheme in the past; and fourth, it will explore the recently enacted Regulation 1151/12, seeking to establish whether it addresses the pre-existing flaws that fettered the TSG.

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