Ms Angela Robinson:

The issue of producer groups is linked with the conversation we had with Senator Daly. Under the current regulation, producer groups can apply for a GI. Under the proposed regulation, there will be producer groups that can apply for a GI, but there will also be designated producer groups. For example, there could be a number of producer groups – not necessarily in Ireland – producing a particular GI product. Under the draft regulation, where there are a number of producer groups – or a number of producers, which would be the case in Ireland – there can be a designated producer group that will represent all of those groups or individual producers. That is a new provision. The principle of a geographical indication is that, once a producer produces the product that meets the specification that has been registered in the EU's register of GIs, it is free to produce that product and place it on the market. The producer does not have to be part of a producer group provided it meets the specification. That is the difference.

Many member states, including Ireland, have been trying to establish the distinct roles and powers of the recognised producer group, mindful of the current position that, once a GI producer meets the specification, it can put its product on the market. The draft regulation sets out a number of powers of the recognised producer groups to liaise with intellectual property enforcement. For example, if a GI was made a trademark, a recognised producer group could be involved in that kind of work. We wanted to ensure that the draft's text was clear about what powers the recognised producer groups would have – this was not clear from the text – and how they would affect individual producers. This was our concern in respect of producers.

The draft regulation defines producer groups as "any association, irrespective of its legal form, mainly composed of producers or processors of the same product". We wanted to know what "mainly composed" meant. The draft also refers to production steps and how a producer is someone who is involved in a production step at any stage in the production. We asked whether that included, for example, bottling, whether the specification set out where a production step stopped, and what else would and would not be set out in the specification.

These have become legal issues. Once the specification goes in, it is subject to detailed scrutiny by the Commission. We need to be clear about what this language means. We and the producers are clear as to what it means at the moment.

In respect of the sustainability issue, it is linked to trying to integrate the sustainability provisions into the geographical indication regime. Our interpretation of the proposal, like other member states, is that, for example, if GI producers want to apply for a new GI, it is not mandatory for them to state the sustainability characteristics of the product. However, according to the proposal, if the producers want to describe the sustainability characteristics in their product specification, they can only do so provided the sustainability standards they are including in the specification are higher than any EU or national sustainability standard. Our view is that this is inequitable for GI producers. If a GI producer is producing a product that is meeting certain sustainable standards, he or she should be entitled to mention those sustainable characteristics in the product specification, even if it is just meeting the same standard as other producers. The provision in the proposal could mean that there is a GI producer who is not permitted to put the sustainable characteristics in the specification, and a non-GI producer who can describe their product, advertising their sustainable credentials, when they are only meeting the EU standard. I hope that is clear. That is our issue with that.

The other point I should make is that the draft proposal provides that the Commission can, through delegated Acts, decide on certain sustainability standards in respect of GIs. Under the farm to fork strategy, there is provision for the Commission to bring forward a general proposal on sustainable labelling and standards. We are saying that it is a little bit premature for the Commission to start talking about sustainable standards in respect of GI when there is going to be another discussion, at the wider Commission level, in respect of sustainable standards and labelling.