GEOGRAPHICAL INDICATIONS

A geographical indication (GI) is a sign used on

products that have a specific geographical origin

and possess qualities or a reputation that are due to

that origin. In order to function as a GI, a sign must

identify a product as originating in a given place. In

addition, the qualities, characteristics or reputation

of the product should be essentially due to the place

of origin.

There is a clear link between the product and its

original place of production.

Thailand has enacted the

Geographical Indications Protection

Act B.E. 2546 (A.D.2003) (“GIPA”)

which came into force on 28 April

2004.

The GIPA provides protection of Gis

through a

specific registration system.

The registered GI is protected as an Intellectual

Property.

criteria of registrability

To Department of

Intellectual Property, Ministry of Commerce

Applicant have the right to appeal

rightholder of a GI:

Producer /Manufacturer domiciled in the geographic origin

. operator of business relating

application of a GI

GIs Registrar

will publish the said registration for any opposition

Within ninety days any “interested person” (?) ( which ground)may

oppose

GI Registrar - GIs Board

Requirements be satisfied in order to maintain GI

protection?

no requirement of use under the GIPA

conditions prescribed by the GIs Registrar (if any)

Goods that can be protected:

•Agricultural products

•Industrial products

•Handicrafts

SILK YARN AGRICULTURAL PRODUCT- HANDICRAFT

Who ( Person) can apply for registration (Section7)

-Government agency having area of responsibility covering

the geographical origin of the goods.

Producer or traders / Community (Association? Coop?,

Formalized?) domiciled in the geographical origin of the

goods.

-Consumers(groups or organization).

AND ABOUT CONTROL & CERTIFICATION?

International – EU GI Regulation

Geographical indications and traditional specialities

Three EU schemes known as PDO (protected

designation of origin), PGI (protected geographical

indication) and TSG (traditional speciality guaranteed)

promote and protect names of quality agricultural

products and foodstuffs inside the European Union,

according to Regulation (EC) n° 1151/2012.

Geographical indications and traditional specialties

• Protected Designation of Origin - PDO: covers

agricultural products and foodstuffs which are

produced, processed and prepared in a given

geographical area using recognised know-how.

• Protected Geographical Indication - PGI: covers

agricultural products and foodstuffs closely linked to

the geographical area. At least one of the stages of

production, processing or preparation takes place in

the area.

• Traditional Speciality Guaranteed - TSG:

highlights traditional character, either in the

composition or means of production

EU GI Regulation foreseen, from the Application, the

provision of the Certification System

Why is it so important to Control and Certify the

products / Goods

of Geographical Indications?

Applying for a Geographical Indication means respecting a

specific regulation and its requirements to

1)Protect the Operators (producers, Processors, Traders)

to unfair competition, or fraud

2) Protect the consumer to misleading , or untrue products

To Protect /Guardianship the Operators ( producers,

processors) : from deviances incorrect members of the

Group

GI are made of big group of operators ;

It is then statistically “possible” that some have incorrect

behavior ;

only few incorrect , may spoil the good job of the big majority

• Guarantee Against copy , incorrect use of names , made by others ( some

time far away, others countries...)

Increase the quality:

External assessment can see more than who is involved in everyday

operators:

Indications can be used for the continuous improvement -- quality

In more objective judgement : higher level of guaranty

Guarantee for the Consumer:

Third Part :

PRODUCERS. CONSUMERS

• Third Party CB. ( professional, independent,verified by AB), not

direct interest.; not involved in trade, technical choices , production

operations..

Free of these responsibilities

More credibility

More Value

• The CONTROL is organized at two levels:

• INTERNAL CONTROL activity carried out by the

Producers’ Organization in order to verify and maintain

Quality.

• EXTERNAL CONTROL activity carried out by a third part,

and therefore impartial, Control Body to increase Quality.

•

These two level of controls allow to

-guarantee that the specific product respects its

geographical origin and possesses qualities or a

reputation that are due to that origin.

-- make a more feasible and cost effective control

system( internal Control)

-- motivate , involve the operators , which become

more responsible ( internal control)

Once the product has obtained the certification,

prevent its use by an operator whose product does not

conform to the applicable standards ( not certified then)

In other words, the certification protects the products

against imitations and fraudulent use.

when conformity to GI Specification / standard it is

assessed by CB and conform, the certification is

issued , and

provides to the consumers the guarantee on the

specific origin and quality of purchased products.

This guarantee is particular important because it helps

to gain the trust of consumers, especially of the

attentive one ( such as the EU consumers) to whom

the high quality products are addressed.

Nowadays, people are genuinely concerned about

the impact of the products they buy. They also want to

be reassured that the products they buy are safe. They

won’t trust any product that is not controlled according

to National and International regulation and Quality

Standards.

To Guarnty this they require that is certified by a third

part body/authority.

Certified products enjoy the following advantages:

• The confirmation of the product's origin and

quality.

• Makes the products appealing and provides a

guarantee to consumers.

• Highlights “original” products in relation to

“similar” productions.

CERTIFICATION also enables the Producers

• keep the attention high on compliance requirements;

• find new strategies to improve the process and the product;

• Increase the quality , by appling higer standards ( higher

pole), solve the not conformities raised (jump always h higher

obstacle ) even the highest one: for example managing and

solve non compliances;

• reach your goal: consumers’ trust and appreciation all over

the world.

Definitively, certification is essential to protect and

qualify a product, especially in case the product is

exported to countries where the respect of Regulations

as guarantee for consumers and for the product itself is

fundamental.

In the case of ISAN INDIGENOUS THAI SILK YARN

the Regulations of Reference are:

The Certification Body should carries out the control

according to the procedures described in a CONTROL

PLAN that consists of a TECHNICAL DOCUMENT which is

distributed to BAC inspectors, farmers, processors and BAC

staff.

Operators who want to apply for ISAN INDIGENOUS THAI

SILK YARN recognition must send to the head of the

group, within the day/month/ of every year the first

application suitably completed and they must attach:

• Land Register certificate (copy) or official declaration.

• Declaration of cultivation/farming activity .

• Document regarding the variety of silkworms.

• Annex of the application, suitably completed

The head of the group must keep all farmers’

applications and must submit to the CB the list of

applicants with the following information: name,

address, surface, species, province, district, estimated

production.

Once the application is received, a CB evaluator starts

to evaluate it. In case of negative evaluation, the

Application is rejected; BAC informs the head of the

group about the reason of the rejection of the

application; if the application is not complete, the

evaluator requires the necessary information in order to

complete it.

In case of positive evaluation of the

documentation, cb schedules a first

inspection at the head of the group (Check

List head of the group).

After the inspection at head of the group,

Bioagricert inspects √n of applicants which

are part of the group. CB inspector completes

the inspection form.

An evaluator evaluates the inspection report,

edited and sent to cb by the inspector. The

assessment is done by checking the inspection

results of each control point of the check list.

Control points are classified in Major and Minor.

To be conform, Operators must comply with all

Major control points; in case of non compliance

with Minor control points, operators must conform

with them in appropriate time.

cb issues a Certificate of Conformity to the head of

the group with the list of conforming operators.

If one/more operators are not conform, they should take

the suitable corrective actions indicated by BAC; if they

do not take the corrective actions within the suitable

time, they will be excluded from the list of conforming

operators.

The head of the group and all conforming operators,

after the enrolment in the Register of G.I. Certified

Operators, must maintain the same conditions and

respect the same requirements indicated in the Controls

Plan and that have determined the operator’s

recognition.

The surveillance (external by BAC on the head of the

group and on √n of operators- and internal by the head

of the group- on 100% of operators) guarantees the

maintenance of the requirements and it is carried out

both on the process and the product. It also helps to

improve the quality of both the process and the

product.

GI CONTROL & CERTIFICATION SYSTEM

(Proposal)

Competent Authority :

Department of Intellectual Property, Ministry of Commerce

Scheme Owner

(Supervision Evaluation)

Accreditation Bodies

GI MANAGEMENT ORGANISATION

( COMMUNITY-ASSOCIATION-GOVERNAMENT AGENCY..)

INTERNAL- CONTROL

Certification Bodies

EXTERNAL CONTROL-AUDIT

OPERATORSSELF- AUTO

UNI CEI EN ISO IEC 17011 :2005 ACCREDITATION

ACCREDITATION BODY

Legal responsibility

Structure

Impartiality

Confidentially

Liability and financing

Accreditation activity

MANAGEMENT

General

Management system

Document Control

Records

Non conformities and corrective actions

Preventive actions

Internal audits

Management reviews

Complaints

HUMAN RESOURCES

Personnel associated with the accreditation body ..

Personnel involved in the accreditation process ..

Monitoring.

Personnel records .

ACCREDITATION PROCESS

Accreditation criteria and information

Application for accreditation

Resource review

Subcontracting the assessment

Preparation for assessment

Document and record review

On-site assessment

Analysis of findings and assessment report

Decision-making and granting accreditation

Appeals

Reassessment and surveillance

Extending accreditation

Suspending, withdrawing or reducing accreditation

Records on CABs

Proficiency testing and other comparisons for laboratories

How could GIs control be realized? 1) EXTERNAL CONTROL or

2) INTERNAL CONTROL + EXTERNAL CONTROL

carried out by the group carried out by public/ private

Association/Consortium organization

through through

Internal Control System (ICS) Documentary evaluation Re-inspection

The CB ( Control/ Certification Body )

(CARRIES OUT THE CONTROL AND CERTIFICATION , is:

a 3rd part organization accredited on the basis of ISO GUIDE 17065 and which

1.has a legal recognized structure ( can be a public ,but normally is a private

Organisation ) ;

2.is responsible for decisions taken relating to the granting, maintaining, extending,

suspending and withdrawing of product certification ;

3.Have competence, experiences and means to carry out the control and certification

activity of the scheme ( trained and qualified inspectors, auditors, evaluators, staff ;IT

tools , laboratories etc ) ;

4.guarantees confidentiality, objectivity and impartiality of certifications ;

5.takes all steps necessary to evaluate conformity with the relevant product standards

according to the requirements of specific product certification system;

6.has a defined document (Quality Manual) describing its policy for quality, including

objectives for quality and commitment to quality, and it ensure quality effective

implementation ; and Operating Procedures (which define the steps, activities,

documents, records, personnel, involved in the control and certification activity);

7.draws up properly documented agreements covering the arrangements including

contracts and confidentiality any time it accepts a new operator ot it hires a new staff

member or it decides to subcontract work related to certification (e.g. testing or

inspection) to an external body or person, does your certification body

8.conducts periodic internal audits covering all procedures in a planned and systematic

manner, to verify that the quality system is implemented and is effective

8.maintains a record system to comply with existing regulations and to keep all data

concerning staff, certification system and certified operators always updated;

9.is able to manage appeals, complaints and disputes and any non conformity ;

10.Be ISO 65 Accredited by a 3rd part IAF Accreditation Body (AB) ; cooperates with AB

teams and provides them with full support during an onsite assessment and in any

other situation such as to provide all necessary information for assessment of the

competence and conformity with the accreditation criteria .

Control System

WHO IS INVOLVED: - Certification Body (CB)

- producers, processors,packers, traders

- Consortium/ Associations of Operators

TOOLS: Control Plan (Technical document + Controls Scheme) .

It describes the procedures followed by CB for the control of GI. It is distributed to

all operators of the production chain in order to guarantee the requirements of

conformity. It is also distributed to CB inspectors and CB staff.

A)

TECHNICAL

DOCUMENT

CONTROL PLAN

It is Table- shaped.

Procedures, requirements and auto- control activity, that must be

respected by all the subjects of the production chain, are described.

Type of controls, non conformities, and corrective actions, that must

be applied by the Control Body, are described.

Each part of the Table refers exactly to the Technical Document and

to the Control Plan .

It is distributed to all operators of the production chain. It is also

distributed to BAC inspectors and BAC staff.

b) CONTROLS SCHEME

Stages of the GIs control system application

1. Presentation of application by producers, processors, packers and

traders to CB.

2. Control/evaluation of procedure :

a. documentary evaluation of the first Application;

b. first inspection;

c. inspection and Control Points (cp) check for farmers, processors,

packers and traders.

d. Evaluation of the Inspection results

3. The operator is included/excluded from the List of Certified

operators.

Presentation of application

A. For Farmers

Operators who want to apply for a GI recognition must send to the CB,

within the day/month/ of every year, a specific application suitably

completed and they must attach:

a.Land Register certificate (copy) or official declaration.

b. Declaration of cultivation activity .

c.Document regarding the origin of the GI.

Presentation of application

B. For Processors/ Packers/Traders

Operators who want to apply for a GI recognition must send to CB,

within the fixed day/month/ of every year the first application-

renewal-renunciation suitably completed and they must attach:

a.Copy of the Chamber of Commerce registration.

b.Copy of the Activity Authorization.

By the application submitted, the applicant:

Accept to conform with the GI Specifications;

accepts all the contents of the Control Plan for the GI

agrees to cooperate with the Control Body helping

inspectors to carry out their activity of control;

agrees to pay the fees provided to accede to and stay into

the system.

Control Plan :Inspections

CB will inspect the operators who apply for the first time. After

the first year, operators are inspected on the basis of the

surveillance annual programme .

During the inspection, the inspector fills a specific Check List for

Farmers order to check each control point.

The inspection report must be signed both by the Inspector and by

the farmer.

CB perform the Document Evaluation :

In case of positive outcome :

CB makes a first inspection in order to:

a. Evaluate the correspondence between what declared in the

application and the real situation of the operator/s;

b. Evaluate the available documentation;

c. Hands out the suitable documentation for the implementation of

the system and the auto control procedure;

d. Records the inspection results on the inspection report and hands

out a copy to the operator;

e. Communicates his/her opinion about the operator’s conformity;

f. Communicates eventual lacks found during the inspection.

Inspection and Control Points (cp) for Farmers

During the first year of application and during following years, CB

inspector checks:

- all data indicated by the operator in the Application Form;

- area of production (planting/breading space and production);

- production method, harvesting and packaging.;

- identification and traceability;

- verifies if farmers and handling operators check physical and

chemical characteristics;

- verifies if the farm register is updated.

Inspection and Control Points (cp)

for handling operation, Traders and Exporters

During the first year of application and during following years, CB

inspector checks:

- all data indicated by the operator in the application;

- operation sites;

- that all the supplier farmers are GI certified;

- that during the transfer from farmers, the GI is accompanied by

document Traceability.

The handling of a GI Product (reception, storage, cleaning, quality

selection and packaging) must be done separately from a non GI

product.

The control system must include packing, transport, products keeping

and delivery method.

Inspection Evaluation

An evaluator evaluates the first inspection report, edited and sent to

CB by the inspector (at this stage the operator is registered into CB GI

Control System).

Assessment is done by checking the inspection results of each

control point of the check list. Control points are classified in Major

and Minor. To be conform and certified, Operators must comply with

all Major control points; in case of non compliance with Minor control

points, operators must conform with them in appropriate time.

List of Certified operators and non conforming operators

If an operator complies with all control points, it is included in the List of

Certified operator. In case some non compliances are found during the

evaluation of the inspection report, they are communicated to the

operator who must take the suitable corrective actions (indicated by the

CB).

CB carries out a further inspection to check if corrective actions have

been effectively applied and if so, the operator is included in the List of

Certified Operators; non conforming operators are excluded from this List

.

CB Certification of Producers Association

with Internal Control System (ICS)

2) INTERNAL CONTROL + EXTERNAL CONTROL:

(AUDIT)

carried out by the group carried out by CB (Certification Body)

(public/ private organization)

Association/Consortium

through through

Internal Control System (ICS) Documentary evaluation Re-inspection

Internal Inspectors [at the Association office] [on field AUDIT ]

“Public Bodies Inspectors”

??

The control of a Geographical Indications includes two different

levels of control:

1. External control carried out by a Third Part Certification

Body like Bioagricert (BAC).

2. Internal control carried out by the Head of the Group*.

*A producers’ group is a group of producers seeking to be PGI certified. The group must

be registered for example as a Cooperative, Producers Association, Packing Company,

Trading Company, Farming Company, etc. The head of the group must have ultimate

responsibility over the production, handling of the products, thus it is responsible

for the compliance of the whole group with Bioagricert PGI certification.

carried out

by the Group* / Association/ Community/

Gov. Agency

through

Internal Control System

(Public Service ?)

* Formalised Group ( with statute, article etc.)

GIs INTERNAL CONTROL SYSTEM

The Internal Control System (ICS) is a system organised by the group itself that

guarantees the integrity to the quality of the product. There should be a responsible

person in charge of the ICS.

With this system all people of the group dealing with the product (growers,

buyers, store keepers) are identified, registered and trained on the requirements of

Gis certification to ensure compliance. With the ICS all activities

are monitored by a system of regular visits and documentary control. All people

involved are made aware of their common responsibility for the product, which

implies a certain social control.

The Internal Control System Procedure/Document describes the responsibilities of

each level in the project. It provides transparency to the system in order to make

external controls easier.

The operator is responsible for the development and the implementation of all procedures

described in the ICS Procedure/ Document.

(AUDIT)

carried out by the CB (Certification Body)

( public/ private organization)

through an AUDIT which is divided into 2 parts:

1.Documentary evaluation 2.Re-inspection: [on field AUDIT ] a visit of the

[at the office] on: internal inspection on:

A.internal Control Plan A. x% operators in access to the Control System

B.group staff qualification B. X% (square root) in surveillance phase

Control Points

The most relevant points controlled during

the inspections concern:

FOR FARMERS

A) All data indicated by the head of the group in the Application Form.

B) Area of Production, cultivation, varieties, harvesting and storage.

C) Identification and traceability.

D) Document keeping.

FOR HANDLING OPERATION, TRADERS AND EXPORTERS

A) All data indicated by the head of the group in the Application Form.

B) If the processor is registered as ISAN INDIGENOUS THAI SILK YARN.

C) Area of Production.

D) Product identification and traceability.

E) Characteristic of the Isan Indigenous Thai Silk Yarn.

F) Processing method.

G) Packaging.

I) Documents Keeping.

1. External control: Bioagricert.

Farmers: send to the Head of the Group within the day/month/ of

every year the first application (Form 1) and attach:

• Land Register certificate (copy) or official declaration.

• Document proving the payment of the fixed fee for certification on the

basis of the contract signed with Bioagricert.

• Declaration of cultivation/farming activity.

• Document regarding the variety of silkworms.

• Annex of the application, suitably completed.

Processors/ Packers: send to the Head of the Group within the

day/month/ of every year the first application (Form 2) and

attach:

• Document proving the payment of the fixed certification fee on the

basis of the contract signed with Bioagricert.

• Copy of the enrolment at the Chamber of Commerce or equivalent.

• Copy of the Food Sanitary or equivalent.

External

Control

Complementaries Gis controls and products control

All controls that are done on Gi products

depend on the product characteristics

that the operator described in the

Product Specification concerning that particular GI.

Verification of compliance of a product with its product specification may be

ensured by one or more public authorities set up for this purpose or by one or

more product certification bodies

Points to control Certification Body Control Public Authority Control

Geographical area (general

description and characteristics) – Land register

(details and public declarations should be issued by a local Public Authority)

Information proving that product originates from that area the

(details and public declarations should be issued by a local Public Authority)

Information justifying the link between the product and the geographical area

(details and public declarations should be issued by a local Public Authority)

Description of the product, with an indication of its main physical,

chemical, microbiological and organoleptic properties

CB controls (through accredited laboratories) that product characteristics which have been indicated in the Product specification correspond to reality

(controls on product characteristics may be also done by the local Public Authority)

Any requirements laid down by Community or local/national provisions

HACCP- Sanitary measures (EU basic criteria) (eventual requirements set by the local regulation)

Main aspects to verify

Thank you for your attention

Riccardo Cozzo

CEO Bioagricert srl