ANNEX TO Decision of the Regional Council (DGR) No 212 of 28 February 2017 p. 6/6

ANNEX TO Decision of the Regional Council (DGR) No 1097 of 31 July 2018 p. 1/6

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DRAFT PROVISIONS FOR THE USE OF REFERENCES TO THE ‘VERIFIED QUALITY’ SYSTEM IN THE LABELLING, PRESENTATION OR ADVERTISING OF AGRICULTURAL PRODUCTS, AQUACULTURE AND FOOD
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Subject: Approval of the final text of the Provisions for the use of references to the ‘Quality Verified’ quality system in the labelling, presentation or advertising of agricultural products, aquaculture and food as the conclusion of the procedure for the provision of information to the European Commission. Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015, Article 5 Decision of the Regional Council No 1097 of 31 July 2018. Regional Law No 12 of 31 May 2001

Notes for transparency: With this decision, the Regional Council approves the final text of the Provisions for the use of references to the ‘Quality Verified’ quality system in the labelling, presentation or advertising of agricultural products, aquaculture and food, as the conclusion of the procedure for the provision of information to the European Commission, as provided for in Article 5 of Directive (EU) 2015/1535 (Notification No 2018/0486/I). The draft of these provisions, notified to the European Commission, was approved by Decision No 1097 of 31 July 2018.

The rapporteur reports the following:

Regional Law No 12 of 31 May 2001, ‘Protection and promotion of quality agricultural products, aquaculture and foodstuffs’ and subsequent additions and amendments, establishes that the agricultural and agro-food production obtained within the scope of the quality system instituted by the cited Regional Law, and in compliance with specific production specifications inspected by independent third party agencies, may be identified by a Veneto Region ‘Qualità Verificata’[Quality Verified] (QV) collective quality trademark.

The production specifications of Regional Law No 12/2001, being technical documents that describe the specific production methods or requirements for a determined product, are subject to the procedure for the provision of information in the field of technical regulations, provided for by Article 5 of Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 (hereinafter referred to as the Directive), as referred to in Article 4(2) of Regional Law No 12/2001.

Article 5 of Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 (hereinafter referred to as the Directive) requires Member States to notify the European Commission (hereinafter referred to as the Commission) of any draft technical regulation, at the same time as ‘the text of the basic legislative or regulatory provisions principally and directly concerned [...], should knowledge of such text be necessary to assess the implications of the draft technical regulation’ (Article 5(1)).

In addition, Article 6 of the Directive provides that Member States postpone adoption of the draft technical regulations for three months from the date the Commission receives the draft in the event in which there are no comments from the Commission or other Member States, or for six months in the event in which detailed opinions are issued on the notified draft technical regulations.

With Decision No 1097 of 31 July 2018, the Regional Council approved the draft Provisions for the use of references to the ‘Quality Verified’ quality system in the labelling, presentation or advertising of agricultural products, aquaculture and food (hereinafter referred to as the Provisions for the use of QV references), listed in Annex A. Furthermore, as a technical regulation of Regional Law No 12/2001, the Provisions for the use of the QV references are subject to the procedure for the provision of information in the field of technical regulations, as provided for in Article 5 of the Directive.

With the note of 29 August 2018, prot. No 351443, as rectified by the note of 29 August 2018 prot. No 352334, the competent regional organisation sent the aforementioned Provisions for the use of the QV references to the Ministry of Economic Development, requesting notification to the Commission in accordance with Article 5 of the Directive. Said notification was assigned number 2018/0486/I.

During the standstill period for the implementation of the technical rules, no comments or detailed opinions were presented concerning the notified draft Provisions for the use of the QV references by the Commission or other Member States. The contribution presented by the European association Tea & Herbal Infusions Europe (THIE) through the Technical Regulation Information System (TRIS) was assessed as not relevant by the competent regional organisation.

In order to conclude the procedure for the provision of information as provided for in Article 5 of the Directive, it is necessary to approve the final text of Annex A to the Provisions for the use of references to the ‘Quality Verified’ system in the labelling, presentation or advertising of agricultural products, aquaculture and food as an integral and substantial part of this measure.

The Directorate for Agri-food, the competent regional organisation, shall be entrusted with the execution of this measure, with reference to the performance of the following activities:

transmitting the final text of the notified technical regulation to the Ministry of Economic Development for subsequent forwarding to the Commission, along with the details of the publication of this measure in the Official Bulletin of the Veneto Region (BUR);

approving the application form for the authorisation of the use of the QV references, as provided for by point 2 of paragraph 7.1 of the Provisions for the use of the QV references, referred to in Annex A to this measure.

The rapporteur hereby concludes this report and proposes the approval of the following measure by the Regional Council.

THE REGIONAL COUNCIL

HAVING HEARD the rapporteur, who acknowledges that the competent organisation has certified that the application has been regularly filed and is also compatible with the current state and regional legislation, and that following the definition of this application, no comments have been received which might prejudice the approval of this act;

HAVING REGARD TO to the Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015;

HAVING REGARD TO Law No 317 of 21 June 1986, as amended;

HAVING REGARD TO Regional Law No 12 of 31 May 2001, and subsequent amendments and additions;

HAVING REGARD TO the Decision of the Regional Council Decision No 1097 of 31 July 2018;

HAVING REGARD TO the note of the Directorate for Agri-food of 29 August 2018, prot. No 351443 and of 29 August 2018, prot. No 352334;

HAVING REGARD TO Article 2(2), of Regional Law No 54 of 31 December 2012;

HAVING REGARD TO the Decisions of the Regional Council No 802 of 27 May 2016, No 803 of 27 May 2016 and No 1507 of 26 September 2016;

HAVING NOTED that the Director of the Economic Development Area has certified that the Deputy Director of the Area appointed with Decision of the Regional Council No 1138 of 31 July 2018, expressed in relation to this act their authorisation without the need to give remarks, with regard to the acts of the same Area;

RESOLVES

to approve the Recitals, as an integral and substantial part of this measure;

to approve the final text of Annex A to the Provisions for the use of references to the ‘Quality Verified’ system in the labelling, presentation or advertising of agricultural products, aquaculture and food, as an integral and substantial part of this measure;

to entrust the Directorate of Agri-food with the execution of this act;

to acknowledge that this decision does not involve expenditure from the regional budget;

to publish this act in the Official Bulletin of the Region.

THE PERSON DRAFTING THE MINUTES

Members of the Regional Council

Signed Atty. Mario Caramel

Form B - copy page 5 DGR No 74 of 29 January 2019

ANNEX TO Decision of the Regional Council (DGR) No 74 of 29 January 2019 p. 5/5

ANNEX TO Decision of the Regional Council (DGR) No 74 of 29 January 2019 p. 1/5

PROVISIONS FOR THE USE OF REFERENCES TO THE ‘QUALITY VERIFIED’ SYSTEM IN THE LABELLING, PRESENTATION OR ADVERTISING OF AGRICULTURAL PRODUCTS, AQUACULTURE AND FOOD

Regional Law No 12 of 31 May 2001
‘Protection and promotion of quality agricultural products, aquaculture and foodstuffs’ and subsequent amendments and additions

1. SUBJECT AND SCOPE OF APPLICATION

1. These provisions for the use of references to the ‘Quality Verified’ system in the labelling, presentation or advertising of agricultural products, aquaculture and food (hereinafter: Provisions for the use of QV references) describe the conditions for the use of references to the ‘Quality Verified’ system of Regional Law 12/2001 and govern the procedures for requesting the Regional Council an authorisation for the use of these references in the labelling, presentation or advertising of the foodstuffs referred to in point 2, letters (b) and (c).
1. These provisions for the use of references to the ‘Quality Verified’ system in the labelling, presentation or advertising of agricultural products, aquaculture and food (hereafter: Provisions for the use of QV references) describe the conditions for the use of references to the ‘Quality Verified’ system of Regional Law 12/2001 and govern the procedures for requesting from the Regional Council an authorisation for the use of these references in the labelling, presentation or advertising of the foodstuffs referred to in point 2, letters (b) and (c).

2. The Provisions for the use of QV references shall apply for the following types of products:


‘unprocessed products’ and ‘processed products’: as defined in Article 2(1)(n) and (o) of Regulation (EC) No 852/2004 of the European Parliament and of 29 April 2004 on the hygiene of foodstuffs;

‘QV product’: product that complies with the product specification of Regional Law 12/2001, identified or not by the QV mark;
‘QV product’: product that complies with the product specification of Regional Law 12/2001, identified

or not by the QV mark;

‘advertising’: as defined in Article 2(a) of Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising.


6. USE OF REFERNCES TO THE QV SYSTEM

6.1 Provisions for the products referred to in Chapter 1(2)(a)
Provisions for the products referred to in Chapter 1(2)(a)

1. The labelling, presentation or advertising of agricultural products, aquaculture and food identified by the QV mark, intended for the final consumer, shall include the following indication: ‘Quality mark protected by the Veneto Region’.


1. The unprocessed product used for the production of the foodstuff must be a QV product only.

2. The use of an unprocessed QV product must be highlighted in the labelling, presentation or advertising of a foodstuff by one of the following indications:
2. The use of an unprocessed QV product must be highlighted in the labelling, presentation or advertising of a

foodstuff by one of the following indications:

‘obtained from [name of the QV product] “Quality Verified”’;


5. Authorisation to use references to the QV system is suspended in case of temporary unavailability of the QV product(s) to be used.

6. The list of users is published on the website of the Regional Council: www.regione.veneto.it(section dedicated to the ‘Quality Verified’ system).
6. The list of users is published on the website of the Regional Council: www.regione.veneto.it (section dedicated to the ‘Quality Verified’ system).

7.4 Obligations of users