As was already clear from its very title, according to the regulation (on “certificates of specific character for agricultural products and foodstuffs”) that introduced the discipline on TSGs20, they could only be protected under two conditions, namely that both the product and its name were specific. Where “specificity” meant distinguishability.21 As for the product, it had to consist of the “feature or set of features which distinguishes an agricultural product or a foodstuff clearly from other similar products or foodstuffs belonging to the same category”22, it being understood that such a characteristic did not have to be attributable to the geographical origin of the product itself. 23 This was, however, puzzling. A tradition necessarily develops over a particular territory, so it made little sense to expect the specificity of a TSG to be disconnected from its geographical origin. Although an attempt had probably been made in this way to identify – in terms of legal technique – an element of clear separation between TSGs and other quality products, believing that the link with the territory was a peculiarity peculiar to PDOs and PGIs alone, this approach was inconsistent. In fact, the link with the territory descends not only from geographical and morphological factors, but also from human factors, among which the tradition itself peacefully falls. As for the name, this requirement meant that – to be registered as a TSG – the term had to be “specific in itself or express the specific character of the agricultural product or the foodstuff”24. In this context, therefore, tradition (an undefined concept at the time) simply represented the cause that – without any automatism – must have influenced the peculiar characteristics expressed by the product and its name.25 However, as a result of the strong reference to the presence of specificity, TSGs presented at the time a significant difference from PDO and PGI products, 20 Reg. (EEC) No. 2082/1992, cited above, name of the regulation and art.2(1)(3) and Art.3(1), according to which: “The Commission shall set up and administer a register of certificates of specific character which will list the names of agricultural products and foodstuffs of which the specific character has been recognized at Community level ...” 21 Reg. (EEC) No 2082/1992, cited above, recital 6: “Whereas certain producers would like to derive market value from the specific character of agricultural products or foodstuffs because their inherent characteristics distinguish them clearly from similar products or foodstuffs; whereas, in order to protect the consumer, the certified specific character should be subject to inspection”. 22 Reg. (EEC) No 2082/1992, cited above, art. 2(1). 23 Reg. (EEC) No 2082/1992, cited above, art. 4(4)(a). 24 Reg. (EEC) No 2082/1992, cited above, Art. 5(1). 25 Reg. (EEC) No 2082/1992, cited above, Art. 4(1). 333 FOODSTUFF TRADITION PROTECTION
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