IV. THE ITALIAN EXPERIENCE AND THE PROTECTION CONSORTIA In Italy, the protection and promotion of geographical indications are entrusted to consortia. They are established pursuant to Article 14, fifteen paragraph, of Law No. 536 of 1999 and Article 2602 of the Civil Code14; their functions are to promote, enhance, provide information and protect interests relating to designations. They carry out their activities on the basis of a mandate conferred by decree of the Ministry of Agriculture, Food Sovereignty and Forestry. In general, they perform advisory tasks relating to the product concerned, define programmes aimed at improving the quality of production in terms of hygiene and health safety, chemical, physical, organoleptic and nutritional characteristics of the product, and collaborate in the protection and safeguarding of the “PDO” and “PGI” marks. By decree of the then Minister of Agricultural and Forestry Policies of 12 April 2000, the representativeness requirements for the recognition of consortia were identified, as well as the criteria ensuring a balanced representation of the categories of producers and processors of “PDO” and “PGI” goods in the corporate bodies. Pursuant to Article 2 of the aforementioned ministerial decree, seven production chains were identified in each of the categories. Thus, for example, in the cheese chain, there are the categories of fresh and mature cheeses; the former includes milk producers, dairies and packagers, while the latter also includes mature cheeses and portioned ones. Pursuant to Article 3, each category is recognised as having a sixty – six per cent representation in the governing bodies, provided that all members of the same category belong to the consortium. The remaining representation is divided among the other categories in the corresponding supply chain. Finally, the associations must ensure that everyone has the right to vote. To ensure compliance with the functions pursuant to Article 14, fifteen paragraph, of Law No. 526 of 1999, consortia are required to comply with the minimum operating requirements set out in the subsequent decree of 12 May 2010 of the then Minister of Agricultural and Forestry Policies, who reserved the right to carry out an annual audit. The recognition measure is valid for three years and is renewable. In order to maintain their status and obtain renewal, consortia must demonstrate that they have complied with the minimum requirements set out in the aforementioned decree and, at the end of the three - year period, confirm that they are representative of at least sixty – six per cent. 14 According to Article 2602 of the Civil Code, “by means of a consortium agreement, several entrepreneurs establish a joint organisation for the regulation or performance of certain phases of their respective businesses”. 66 CHIARA TINCANI
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