Market, therefore, integrated by entrusting producers with the authority to decide whether to include or exclude new sustainable practices, as well as the authority to select which sustainable practices to incorporate into the production regulations. That said, according to some legal scholars, the reform concerning quality schemes, including Traditional Specialty Guaranteed (TSG), aligns with the reforms introduced in 2013 to the Common Agricultural Policy21. According to another perspective within the doctrine, however, the impact of the new Regulation on quality productions, while respecting principles of tradition, innovation, and sustainability, has identified prospects and objectives that are novel within a context characterized by the preservation of production systems that are strongly rooted at the territorial level. 21 Regarding this point, see M. Giuffrida, “Signs of Food Products: DOP, IGP, and STG,” in Digesto delle Discipline Privatistiche - Sezione Civile - Aggiornamento, XI, directed by R. Sacco, p. 437, which states: “European legislation, however, has not limited itself to the protection of designations of origin, geographical indications, and traditional specialties guaranteed. Following the widespread dissemination of the production of quality products protected by registered designations of origin, it has further directed producers towards this choice through Regulation (EC) No 1783/2003, which, by inserting Chapter VI bis into Regulation (EC) No 1257/1999 on measures supporting rural development, introduced, among other things, the measure called ‘Food Quality.’ This measure is specifically aimed at: ensuring consumers recognize the quality of the product or the production process used through the participation of farmers in quality systems referred to in Regulations EC Nos. 2081 and 2082/1992, 1493/1999 (concerning the regulation of quality wine production in specific regions), and Regulation EC No. 2092/1991 (on organic production, repealed by Regulation (EC) No. 834/2007); achieving added value for basic agricultural products and enhancing market outlets; and finally, informing consumers about the availability and specifications of such products. This regulatory framework, derived both from domestic legislation of the Member States and European Union law, as well as from the aforementioned international agreement, introduces a series of tools aimed at protecting those who have an interest in quality production, whether they are producers or consumers. Currently, the regulation of this support measure is contained in Article 16 of Regulation (EU) No. 1305/2013. It is granted to farmers and farmers’ associations participating for the first time, among other things, in quality schemes established pursuant to Regulations EU Nos. 1151/2012, 834/2007, 110/2008, 160/91, and Part II, Title II, Chapter I, Section 2 of Regulation (EU) No. 1308/2013 of the Council concerning the wine sector. Support is provided as an incentive, in the form of an annual payment whose amount is determined based on the fixed costs incurred by participation in the subsidized quality schemes, for a maximum period of five years. This measure is situated within one of the six priorities of the Union concerning rural development, specifically aimed at promoting the organization of the agri-food supply chain, including processing and marketing of agricultural products, animal welfare, and risk management in agriculture—particularly with regard to improving the competitiveness of primary producers and better integrating them into the agri-food chain through quality schemes, creating added value for agricultural products, promoting products in local markets, short supply chains, producer associations and organizations, and interprofessional organizations. The European legislator has thus clearly expressed its support for the aforementioned quality systems, which have proven to be appropriate in providing a new impetus for the economic development of many regions. By making this choice, it also reaffirmed needs already emphasized within regional rural development programming, highlighting the role that typical products play in regional economies—especially in relation to tourism offerings. Furthermore, by imposing specific requirements for the granting of support, the European legislator seems to have aimed at addressing the widespread phenomenon of states promoting quality products by establishing a fundamental standard—so-called ‘generic quality’—which national systems must meet to benefit from European funding. This is primarily intended to ensure, on one hand, the diversification of agricultural production and, on the other, to prevent national measures that conceal obstacles to the free movement of goods and fair competition beyond the limits permitted by the European Union itself.”. 393 PROTECTION OF TRADITIONAL SPECIALTY GUARANTEED (TSG) IN THE EU
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