Gastronomy Law

In any event, the final Commission decision (rejection or grant of protection for the entire Union territory) is itself subject to appeal before the General Court of the Union at first instance. In order to be protected, however, the new registration could conflict with the sales name used for products previously legally marketed in the Union, thereby jeopardising their existence. To temporarily remedy this problem, if these products had been marketed for at least five years prior to recognition of the new TSG, the Commission may authorise this commerce to continue for a transitional period of up to five years.164 The final favourable decision is followed by a new publication of the final product specification165 and by the registration of the TSG in the relevant EU register, which is accessible to the public166. This gives rise to the right to use the Union symbol and the acronym “TSG” on the label of what conforming to the product specification167. XII. THE PROCEDURE FOR AMENDING TO PRODUCT SPECIFICATION If the content of a TSG product specifications is subsequently to be changed, it is necessary to go through – mutatis mutandis – the two stages of the procedure168, as there is no distinction between national and Union amendments, as is the case for PDOs and PGIs169. The relevant application must be contained within 7,500 words, which also includes the text of the specification .170 Except in cases where changing needs, resulting from evolving hygiene and safety practices, make it necessary to vary production methods, the question arises as to whether recipes are in fact susceptible to change, when referring to a TSG. In fact, it seems fair to assume that this can only be the case when the change in production methods has become established in tradition, which is to be seen with reference to the same period of time required for a TSG to be said to exist (i.e. 30 years). 164 Reg. (EU) No 2024/1143, cited above, art. 63. 165 Reg. (EU) No 2024/1143, cited above, art. 64(4). 166 Reg. (EU) No 2024/1143, cited above, art. 65. 167 Reg. (EU) No 2024/1143, cited above, art. 70. 168 Reg. (EU) No 2024/1143, cited above, art. 66. 169 Reg. (EU) No 2024/1143, cited above, art. 24. 170 Reg. (EU) No 26/2025, cited above, art. 9(2). 356 ERMENEGILDO MARIO APPIANO

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