Gastronomy Law

the TSGs and ensure the valorisation of their products (Regulation (EU) 2024/1143, 2020, article 55). In this sense, these groups are managers and, to a certain extent, protectors of the TSGs. These can also be several groups, and they may only “adopt” administrative measures if there is damage to the image of the products, which leads to inferring that they are not the owners of the TSGs. The registration process for a TSG includes two interrelated phases: a national phase and a Union phase. During the national or Member Country phase, national authorities review the application submitted by the groupings, verify their compliance with the eligibility criteria and carry out an opposition procedure at local level (Regulation (EU) 2024/1143, 2024, Article 56). Once approved at national level, the application is sent to the European Commission for evaluation (Regulation (EU) 2024/1143, 2024, Articles 57 and 58). It should be noted that the regulations on registration and protection of TSGs in the Member States are without prejudice to the obligation of producers to comply with other Union regulations, which would include provisions that are consistent with or applicable in the Union phase concerning TSGs, such as the existence of official controls carried out by competent authorities, delegated bodies and natural persons to whom certain control functions have been delegated in relation to the verification of a product, the guarantee that it is traditional and whether it has been produced in accordance with the corresponding specifications; functions that guarantee the proper use of TSGs on the market. Likewise, the States will be responsible for updating the list of operators 4that carry out these activities in their territories; operators who will have to carry out self-controls before verifications by one or more competent authorities; or one or more delegated bodies. Even TSGs from third countries must comply with the verification of the specifications by one or more authorities or bodies. (Regulation (EU) 2024/1143, 2024, article 72), aspects that indicate that there is strict prior control of these products. ETG system in Ecuador In Ecuador, Traditional Specialties Guaranteed (TSG) are regulated in Book III of the Knowledge Management of the Organic Code of the Social Economy of Knowledge, Creativity and Innovation (COESCCI), specifically from Article 447 to Article 454. Likewise, its management is partially regulated in the COESCCI Regulations. Agreement No. SENESCYT-2020-077 as a 4 Pursuant to Article 71 (Regulation (EU) 2024/1143, 2020), TSGs may be used by any operator placing an TSG on the market, provided that it complies with the specification. 739 LEGALITY AND GASTRONOMIC REGULATION OF TRADITIONAL SPECIALTIES GUARANTEED

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