Gastronomy Law

I. INTRODUCTION The recent European regulation on quality products2 strongly emphasises the role of tradition, considering it – even more than geographical elements – to be the central and determining factor in the development of the Union’s “living cultural and gastronomic heritage” formed by the set of quality products, the result of the constant work and know how of small-scale producers3, who in single countries “have kept (their) traditions and the diversity of cultural identities alive”4, thus creating “the production conditions that have shaped the reputation and identity of such products”5. Although the reference to cultural heritage was already present in the past6, this is now happening with greater conviction and incisiveness, so much so that it probably marks a turning point: it is no longer just a matter of protecting an economic sector (an aim that obviously remains in full force), which originated as a result of this genesis, but a matter of safeguarding a true element of European identity, defined by the production traditions related to the food in its broad sense, which is considered to “play an important role in terms of sustainability, including in the circular economy”7 . The first purpose of this paper is to investigate how tradition influences the different types of quality products in EU law. This will also lead us to see that some practices and customs related to certain foods or drinks have been recognised as part of the intangible heritage of humanity protected by UNESCO. The new EU regulation devotes a large part to Traditional Specialities Guaranteed (TSG)8, reforming some aspects of the relevant discipline, and this 2 Reg. (EU) No. 2024/1143 of the European Parliament and of the Council of 11 April 2024 on geographical indications for wines, spirit drinks and agricultural products, as well as on traditional specialities guaranteed and optional quality terms for agricultural products, in OJEU L of 23 April 2024 (ELI: http://data.europa.eu/eli/ reg/1143/2024/oj). 3 Reg. (EU) No 2024/1143, cited above, recital 4, where reference is made to “traditional skills and know-how”, developed especially by small producers. 4 Reg. (EU) No 2024/1143, cited above, recital 6. 5 Reg. (EU) No 2024/1143, cited above, recital 7 6 Reg. (EU) No 2012/1151, cited above, recitals 1 and 2. 7 Reg. (EU) No 2012/1151, cited above, recital 3. 8 Title III of Reg. (EU) No. 2024/1143, cited above, followed by Delegated Reg. (EU) No. 27/2025 of the Commission of 30 October 2024, laying down additional rules on the registration and protection of these quality products, ibid, L of 15 January 2025 (ELI: http://data.europa.eu/eli/reg_del/2025/27/oj). European Commission, Directorate-General for Agriculture and Rural Development, Étude de soutien à l›évaluation sur les indications géographiques et les spécialités traditionnelles garanties protégées dans l›UE - Résumé exécutif, Publications Office, 2021, https://data.europa.eu/doi/10.2762/042132. 330 ERMENEGILDO MARIO APPIANO

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