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Phasing out is discontinuing the use of a term to describe a product over a period of time. Phasing out generally only applies to using terms that Australia has agreed to protect as geographical indications (GIs) in the Australia-European Union Free Trade Agreement (A-EU FTA).
During the phasing out period, a person can continue to use the protected term.
Australia has agreed to phase out use of 8 EU GIs, as set out below.
Australia has agreed to phase out or stop using the following terms 5 years after entry into force of the A-EU FTA
- Fontina
- Munster
- Sherry vinegar
- Slavonski
- Szedgedi
- Romano (retail)
Australia has agreed to phase out or stop using the following terms
- Ouzo – after 7 years
- Tsipouro – after 7 years
- Prosecco for export – after 10 years
Qualifying for phasing out
A person qualifies to continue using a term during the phasing out period, if they are making commercial use of the term in good faith in Australia as at the date of entry into force of the A-EU FTA.
During the phasing out period, the ability to continue to use a phased-out term will pass with a business when it is sold or passed to a successor.
There are no requirements to prove use of the term although, if challenged, a person would need to possess evidence of commercial use of the term as at the date of entry into force of the A-EU FTA.
Labelling rules
A person using a term after the A-EU FTA enters into force would need to include on the label a legible and visible indication of the geographical origin of the good concerned.
Compliance with the Australian Country of Origin Food Labelling Standard would normally satisfy this requirement.
Stock in trade
Once the phasing out period is over, a person who has legally labelled a good using a protected name before the name is fully protected, may market the good after the date of protection:
- at the wholesale level: for a further 5 years
- at the retail level: until stocks are exhausted.