producer group is recognised, it can be the only one entitled to exercise such a task on behalf of all producers138. On the contrary, a TSG “producer group” can never be recognised, in the absence of the relative discipline. It is therefore always precluded from accessing the powers instead pertaining exclusively to recognised groups in the PDO and PGI sector139 (which in Italy translate into the so-called erga omnes activity of protection consortia). Finally, one can ask whether a TSG “producer group” can develop sustainability practices. The answer could derive from the interpretation of the nature of the rule identifying their competences, i.e. whether it has an exhaustive sense (which would exclude it) or merely indicative (which would allow it). In favour of the latter solution, one could first of all find a literal foothold in the phrase “in particular”, placed immediately before the list of tasks attributed to the group140. Moreover, the development of sustainability practices would perhaps seem to fall under the competence to intervene “to improve the performance of traditionally guaranteed specialities”. However, it remains the case that, if this question were to be answered in the affirmative, the practices developed would not be included in the product specifications (as noted above)141. X. THE PROCEDURE FOR TSG RECOGNITION: THE NATIONAL PHASE The procedure for obtaining recognition of a TSG, so as to achieve the relevant protection, has two stages: a first national one, entrusted to the Member State on whose territory the applicant is established142; a second one at European level, which is managed by the EU Commission143. Only a “producer group” is entitled to submit the initial application at national level. If there is more than one group and they are located in different Member States or third countries, they may submit a joint application for registration144. It thus emerges that – at least theoretically – the applicant (and, consequently, 138 Reg. (EU) No 2024/1143, cited above, art. 33(3)(a). 139 Reg. (EU) No 2024/1143, cited above, art. 33. 140 Reg. (EU) No 2024/1143, cited above, art. 55(3), which states: “a producer group may exercise in particular the following tasks: ...”. 141 Reg. (EU) No 2024/1143, cited above, art. 55(3)(b). 142 Reg. (EU) No 2024/1143, cited above, art. 56. 143 Reg. (EU) No 2024/1143, cited above, art. 58. 144 Reg. (EU) No 2024/1143, cited above, art. 56. 351 FOODSTUFF TRADITION PROTECTION
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