The Municipal Names (De.Co.) they give visibility to recipes, productions and knowledge that tell the story of a territory. Public recognition enhances its identity, but should not be confused with a quality certification nor with European protection of protected designations of origin (PDO), protected geographical indications (PGI) and traditional specialties guaranteed (TSG). As for the Traditional Agri-Food Products (PAT), understanding their limitations is essential to using them correctly.
The previous study published on FoodTimes highlighted the opportunities for agriculture, craftsmanship and local tourism (Dongo & De Nobili, 2019). The perspective remains valid, but the legal framework must be updated in light of sentence no. 75/2023 of the Constitutional Court and Regulation (EU) 2024/1143. Municipal recognition, registered trademark and certification remain distinct tools.
From Veronelli's intuition to municipal recognition
The idea of De.Co. you have to Luigi Veronelli, careful observer of peasant agriculture and the gastronomic cultures of the Municipalities. The objective was to make recognizable specialties that were too small to support the costs and complexity of registration as a PDO or PGI, preserving a territorial memory with the involvement of producers, restaurateurs and communities. The National Association of Italian Municipalities (ANCI) proposed a bill in 2000 that garnered widespread consensus among local administrations, without follow-up on a national level (Dongo & De Nobili, 2019).
A state law is still missing. The foundation ofmunicipal action is placed in the functions of representing the community and promoting its development and in the principle of subsidiarity, not in a power to establish new protected names. THE municipal regulations they normally refer to articles 3 and 13 of the Consolidated Law on the organization of local authorities (Municipality of Aprica, s.d., art. 1.2; legislative decree 267/2000, articles 3 and 13). The Sicilian law also refers to article 118 of the Constitution (Law Sicily 3/2022, art. 1.2).
Different Regions they then set up their own registers. The Constitutional Court recalls the laws of Liguria (l.r. 11/2018), Campania (l.r. 7/2021) and Basilicata (l.r. 23/2022), as well as the Sicilian one (Constitutional Court, 2023). For special autonomies, the relevant regulations must also be considered.
There is therefore no uniform national certification called 'De.Co.'. The concrete content of the recognition depends on the acts that govern it: municipal regulation, attribution resolution, sheet or specifications and rules for using the logo, in addition to any regional law. Even the extended denomination, sometimes including the words 'of origin', does not alone determine the legal effects.
The Constitutional Court: territorial identity, no privative rights
The decisive step is the sentence no. 75/2023 of the Constitutional Court, filed on 18 April 2023, on the law of the Sicilian Region 3/2022. The government argued that the De.Co. duplicate the European system of PDO, PGI and TSG. The Court declared the complaints relating to the protection of competition and the Lisbon Agreement inadmissible, because they were not indicated in the appeal resolution of the Council of Ministers. Instead, it declared those referring to European Union law unfounded (Constitutional Court, 2023).
According to the Court, De.Co. it's one 'mere certification of territorial identity‘, which falls within the notion of simple geographical indication and therefore does not interfere with the names registered at European level. Who gets the certification Not acquires a right to privative or exclusivity towards those who produce the same food without having obtained it. The logo testifies to the origin and historical-cultural link of the product with the municipal territory, without guaranteeing its quality (Constitutional Court, 2023).
The European foundation of this reading is the sentence Salami Felino of the Court of Justice of the European Union. An unregistered geographical name can receive national protection only if it designates a product without a particular connection between characteristics and origin, if the protection does not compromise the objectives of the European regulation and if it does not hinder the free movement of goods (EU Court of Justice, case C-35/13, 2014).
A precise operational limit arises from this. Resolution, regulation and disciplinary ‘Not may contain systems quality verification of local productions as a consequence of their implementation in that territory (Constitutional Court, 2023). The ruling concerns Sicilian discipline and does not validate every Italian municipal regulation without distinction. Referring to 'De.Co.' in a provision is not enough to make all its contents legitimate.
Limited legal effects
Recognition can produce administrative effects concrete:
- registration in a register;
- admission to use the logo;
- obligation to respect certain conditions;
- loss of authorization in case of non-compliance.
The regulation of the Municipality of Aprica, for example, enters in the register both the products and the subjects authorized to use the De.Co. It also regulates the use of the logo, prohibits names such as 'super' or 'excellent' and provides for controls, suspension, revocation and cancellation (Municipality of Aprica, s.d., articles 4, 10 and 11).
However, the same regulation shows how necessary a critical reading of local texts is. In fact, it entrusts the definition of 'quality standards' and the guarantee of the specifications to the regulations 'product quality and hygienic-sanitary safety parameters' (Municipality of Aprica, s.d., art. 8.7, letter 'c', and art. 8.8). Clauses of this type are similar to the quality verification systems that the Constitutional Court excluded from the founding documents of the De.Co.
On the other hand, the registration does not grant a commercial monopoly on the recipe or the name. The general protections against misleading communications and any rights to distinctive signs remain applicable, when the conditions are met. The latter must be demonstrated through the relevant title, not by invoking the acronym De.Co.
De.Co. and brands
Municipalities, like other public bodies, can obtain trademark registrations (Legislative Decree 30/2005, art. 19.3). For example, the Aprica regulation expressly provides for the deposit of the logo with the Italian Patent and Trademark Office (Municipality of Aprica, s.d., art. 5.5).
Legal entities under public law can also register a collective brand, attaching to the application the regulation of use with controls and sanctions (Legislative Decree 30/2005, art. 11.1 and 11.2; Chamber of Commerce of Florence, 2024).
The trademark protects the distinctive sign, it does not in itself grant a monopoly on the generic name of the product. Thus, when a figurative mark includes a geographical name, registration 'does not authorize the owner to prohibit third parties from using the name in commerce', provided that it complies with professional correctness. Anyone who produces in the area also has the right to use the brand, if they comply with the regulation (Legislative Decree 30/2005, art. 11.4).
For the company, the verification must therefore concern the sign actually registered, the owner, the products covered and the conditions of the concession (EU regulation 2024/1143, art. 26.1).
De.Co., PAT, DOP, IGP and STG: the differences
THE PAT they are the subject of a census based on the continuity of the processing, conservation and maturing methods, practiced homogeneously in the area for at least twenty-five years. Their list is not a register of certifications of individual companies (Ministerial Decree 350/1999, art. 1.2).
For them De.Co. this threshold should not be transferred automatically. The Sicilian regional law requires at least twenty years for 'traditional local products', while for 'typical products' it refers to methods consolidated in local customs without setting a deadline (Law Regional Law Sicily 3/2022, art. 2.2). The Aprica regulation also allows recently designed products with an identifying value for the community, as long as they have been made in the municipal territory for at least two years (Municipality of Aprica, s.d., art. 2.1, art. 3.2 and art. 6.1, letter 'a').
The regulation (EU) 2024/1143, regulates both the PDO and PGI - which involve registration, binding specifications and specific protection of names - and the TSG, which protect names linked to a production method or a traditional composition, without geographical connection.
| Profile | De.Co. | PAT | PDO, PGI and TSG |
| Purpose | Certify the territorial identity and enhance it | Census consolidated agri-food practices | Protect names and characteristics according to the European regime |
| Reference document | Municipal deeds and any applicable regional law | Product sheet in the list | Disciplinary registered |
| Checks | Those foreseen by the local system, without quality controls | The list does not certify individual productions | Official controls of compliance with the specifications |
| Exclusive | No proprietary rights on the name; any trademark protects only the logo | No rights deriving from the list | Specific protection of registered names |
Not even there coexistence can be taken for granted. Sicilian law excludes DOP, PGI and TSG products from the regional register and those registered in the PAT list. It also provides for the automatic forfeiture of the De.Co. in case of subsequent European recognition or registration among the PATs (Regional Law Sicily 3/2022, art. 1.4).
The Constitutional Court has indicated precisely in this 'surrender clause' a confirmation of compatibility with European Union law (Constitutional Court, 2023). It is not a national rule to be mechanically extended to all municipalities, but it demonstrates the need to read the territorial legislation.
How to set up recognition: useful work before the logo
For a municipality or a group of producers the path should start from a documented dossier, to be adapted to the local procedure. The first step is to specify theobject: agricultural product, processed food, recipe, knowledge or event. The same certification should not be extended to different situations without justification.
Followed by documentation of the connection with the territory through historical sources, recipe books, archives, verifiable testimonies and descriptions of practices. Documented facts must be kept separate from promotional narratives.
The specification or the form they must then describe what is done today: ingredients, production phases, processing locations and permitted variations. It is necessary to indicate which elements must remain local and which can come from other areas.
It is therefore necessary to verify theabsence of interference with PDO, PGI, TSG, PAT and earlier brands, also from the point of view of evocation. Procedure, criteria, authorized parties, graphic rules, checks and consequences of violations must finally be made public.
The presence of a commission or a specification does not, in itself, equate to independent certification. The checks must concern compliance with local tradition and compliance with the rules of use of the logo, not the quality of the product. It is useful that the register allows the consumer and professional buyer to understand what has been recognised, who is allowed to use the logo and what controls are actually foreseen.
Etiquette and advertising: avoid non-existent guarantees
Prudent and informative communication can report 'De.Co. recognized product from the Municipality of…', provided that the provision and conditions of use allow it. It is advisable to make the registration details and specifications available for consultation, including via a digital link.
Formulas like 'superior quality certified by the Municipality' or 'origin of all ingredients guaranteed by De.Co.' however, they are not justified by attestation alone. Voluntary information must be precise, clear and unambiguous, without attributing characteristics or guarantees to the food that it does not possess (EU regulation 1169/2011, articles 7 and 36.2). In compliance, among other things, with the general regulation of unfair commercial practices (Legislative Decree 206/2005, articles 20-22).
The place from the recipe, that of production e the origin of ingredients may be different. A logo bearing the name of the Municipality is in itself an indication of origin. If the product is manufactured elsewhere, the indication of the actual place of origin it becomes mandatory when its omission could mislead the consumer (EU regulation 1169/2011, art. 26.2, letter 'a'). If the origin of the food is indicated and theprimary ingredient has a different origin, it is also necessary to indicate the latter or declare its diversity (EU reg. 1169/2011, art. 26.3; EU executive reg. 2018/775, art. 2).
Furthermore, the rules on the primary ingredient do not apply to geographical terms contained in usual and generic names whose common interpretation does not indicate the origin (e.g. 'Genoese pesto'. See reg. exec. EU 2018/775, art. 1.1). The implementing regulation also excludes, pending specific rules, registered trademarks that constitute an indication of origin (EU Executive Reg. 2018/775, art. 1.2). In any case, the exclusion does not affect the prohibition of misleading information nor the obligation to indicate the origin when its omission is misleading.
Economic value: measure activities, don't count rewards
A De.Co. can support initiatives of direct sales, catering, teaching and visits to production sites. The benefit, however, depends on the project that accompanies it: availability of the product, continuity of operators, accessibility of information and collaboration between businesses and administration.
To evaluate its usefulness it is worthwhile measure the actual active producers, sales, visits, training initiatives and the permanence of the processes over time. The number of certificates issued alone does not measure turnover or quality. Even the free use of a logo does not eliminate the work necessary to document productions and administer the system.
Conclusions
Le De.Co. they have the meaning of making a productive culture knowable and help those who keep it alive. Their credibility requires reliable sources, understandable rules and communication proportionate to the recognition obtained.
Cultural enhancement, authorization to use a logo, protection of a brand and certification are distinct concepts. Making these differences explicit allows Municipalities to build more solid projects and companies to describe the territory without promising guarantees that recognition alone does not offer.
Dario Dongo
Credit cover DE.CO. Bologna
References
Previous editorial analysis
Dongo, D., & De Nobili, M. (2019, May 15). Municipal names, overlooked opportunities. The ABC. FoodTimes. https://www.foodtimes.eu/it/consumatori-e-salute/denominazioni-comunali-opportunita-trascurate-labc/
Jurisprudence
Constitutional Court. (2023, April 18). Sentence no. 75/2023, ECLI:IT:COST:2023:75. Decision of 23 February 2023, filing of 18 April 2023, Official Journal, 1st special series, n. 16 of 19 April 2023. https://www.cortecostituzionale.it/scheda-pronuncia/2023/75
Court of Justice of the European Union. (2014, May 8). Judgment in case C-35/13, Assica and Kraft Foods Italia against Association of producers for the protection of 'Salame Felino' and others. ECLI:EU:C:2014:306. https://curia.europa.eu/juris/liste.jsf?num=C-35/13
European Union regulatory sources
Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers. Consolidated text: 04/01/2025. http://data.europa.eu/eli/reg/2011/1169/2025-04-01
Commission Implementing Regulation (EU) 2018/775 of 28 May 2018 laying down rules for the application of Article 26(3) of Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, as regards the rules for indicating the country of origin or place of provenance of the primary ingredient of a food. Consolidated text: 06/09/2019. http://data.europa.eu/eli/reg_impl/2018/775/2019-06-09
Regulation (EU) 2024/1143 of the European Parliament and of the Council of 11 April 2024 on geographical indications for wine, spirit drinks and agricultural products, as well as traditional specialties guaranteed and optional quality terms for agricultural products. Consolidated text: 03/18/2026. http://data.europa.eu/eli/reg/2024/1143/2026-03-18
Italian and regional regulatory sources
Ministerial decree 8 September 1999, n. 350, Regulation containing rules for the identification of traditional products referred to in article 8, paragraph 1, of legislative decree 30 April 1998, n. 173. Official Journal no. 240 of 12 October 1999. https://www.gazzetta ufficio.it/eli/id/1999/10/12/099G0423/sg
Legislative decree 18 August 2000, n. 267, Consolidated law on the organization of local authorities. Regulatory. Latest consolidated version: 06/10/2026. https://www.normattiva.it/eli/id/2000/09/28/000G0304/CONSOLIDATED
Legislative decree 10 February 2005, n. 30, Industrial Property Code, pursuant to article 15 of law 12 December 2002, n. 273. Regulatory. Latest consolidated version: 12/06/2026. https://www.normattiva.it/eli/id/2005/03/04/005G0055/CONSOLIDATED
Legislative decree 6 September 2005, n. 206, Consumer Code, pursuant to article 7 of law 29 July 2003, n. 229. Regulatory. Latest consolidated version: 05/15/2026. https://www.normattiva.it/eli/id/2005/10/08/005G0232/CONSOLIDATED
Law of the Sicilian Region 18 March 2022, n. 3, Establishment and regulation of the electronic regional register of municipalities and related products with municipal denomination De.Co. Amendments to the regional law 28 March 1995, n. 22. Official Journal of the Sicilian Region n. 13 of 25 March 2022. https://w3.ars.sicilia.it/lex/L_2022_003.htm
Administrative documentation
Chamber of Commerce of Florence. (2024, March 8). Collective brand. https://www.fi.camcom.gov.it/marchio-collettivo-0
Municipality of Aprica. (s.d.). Regulation for the protection, valorisation and promotion of valuable local agri-food products and artisanal productions. Establishment of De.Co. (Municipal Name). Accessed 16 October 2026. https://comune.aprica.so.it/wp-content/uploads/2026/01/REGOLAMENTO-DECO.pdf
Dario Dongo, lawyer and journalist, PhD in international food law, founder of WIISE (FARE - GIFT – Food Times) and Égalité.
