33 Amendments of Anthea McINTYRE related to 2016/0392(COD)
Amendment 52 #
Proposal for a regulation
Recital 15
Recital 15
(15) In some cases, food business operators may be required or may want to indicate the origin of spirit drinks to draw consumers’ attention to the qualities of their product. Such origin indications should comply with harmonised criteria. Therefore, specific provisions on the indication of the country of origin or place of provenance in the presentation and labelling of spirit drinks should be laid down.
Amendment 54 #
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) In order to enhance protection and to combat counterfeiting more effectively, a facility should be introduced to permit the seizure of spirits suspected of infringing the protection given to geographical indications which are in transit through the EU Customs territory.
Amendment 58 #
Proposal for a regulation
Recital 19
Recital 19
(19) Procedures for the registration, modification and possible cancellation of Union or third country geographical indications in accordance with the TRIPS Agreement should be laid down whilst automatically recognising the status of existing protected geographical indications of the Union. In view of making procedural rules on geographical indications consistent through all the sectors concerned, such procedures for spirit drinks should be modelled on the more exhaustive and well tested procedures for agricultural products and foodstuffs laid down in Regulation (EU) No 1151/2012 while taking into account specificities of spirit drinks. In order to simplify the registration procedures and to ensure that information for food business operators and consumers is electronically available an electronic register of geographical indications should be established.
Amendment 61 #
Proposal for a regulation
Recital 21
Recital 21
(21) In applying a quality policy and in order to allow for a high level of quality of spirit drinks and diversity in the spirit drinks sector, Member States should be allowed to adopt rules on the definiproduction, presentation and labelling of spirit drinks produced in their territory that are stricter than those laid down in this Regulation.
Amendment 64 #
Proposal for a regulation
Recital 22
Recital 22
(22) In order to take into account evolving consumer demands, technological progress, developments in the relevant international standards and the need to improve the economic conditions of production and marketing, the traditional ageing processes and, in exceptional cases, the law of the importing third countries, and in order to ensure the protection of geographical indications, and taking into account the importance of traditional practice, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of the amendment of or derogations from the technical definitions and requirements of the categories of spirit drinks and the specific rules concerning some of them referred to under Chapter I of this Regulation, the labelling and presentation referred to under Chapter II of this Regulation, the geographical indications referred to under Chapter III of this Regulation and the checks and exchange of information referred under Chapter IV of this Regulation.
Amendment 68 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 – point d – point i – introductory part
Article 2 – paragraph 1 – point 1 – point d – point i – introductory part
(i) either directly by using any of the following methods individually or in combination:
Amendment 72 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 – point d – point ii – introductory part
Article 2 – paragraph 1 – point 1 – point d – point ii – introductory part
(ii) by adding to a spirit drink any of the following individually or in combination:
Amendment 77 #
Proposal for a regulation
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
(8) ‘presentation’ means the terms used on the labelling and on the packaging, includingas well as in advertising and sales promotion, in images or such like, as well as on the container, including the bottle and the closure;
Amendment 79 #
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
Amendment 97 #
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 2
Article 5 – paragraph 1 – subparagraph 2
The delegated acts referred to in points (a) and (b) of the first subparagraph shall be limited to meeting demonstrated needs resulting from evolving consumer demands, technological progress, developments in relevant international standards or needs for product innovation whilst taking into account the importance of traditional practice.
Amendment 113 #
Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 2 – point b
Article 8 – paragraph 4 – subparagraph 2 – point b
(b) by any terms indicapermitted inby the relevant product specification.
Amendment 116 #
Proposal for a regulation
Article 8 – paragraph 5 – subparagraph 2
Article 8 – paragraph 5 – subparagraph 2
Amendment 122 #
Proposal for a regulation
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) the alcohol used in the production of the foodstuffs originates exclusively from the spirit drinks referred to in the compound term or in the allusion(s), except for ethyl alcohol that may be presentof agricultural origin which is used as a carrier in flavourings used for the production of that foodstuff; and
Amendment 123 #
Proposal for a regulation
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) the spirit drinks used in the production of the foodstuff have not been diluted merely with water so that the alcoholic strength is reduced to below the minimum strength provided for under the relevant category of spirit drinks listed in Part I of Annex II.
Amendment 125 #
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1
Article 10 – paragraph 1 – subparagraph 1
A mixture shall bear the sales denomination ‘spirit drink’. This sales denomination shall be shown clearly and visibly in a prominent position on the label.
Amendment 130 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Where the origin of a spirit drink is indicated, it shall correspond to the country or territory of origin in accordance with Article 60 of Regulation (EU) No 952/2013 of the European Parliament and of the Council16 . _________________ 16 Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1)place or region where the stage in the production process of the finished product which conferred on the spirit drink its character and essential qualities took place.
Amendment 137 #
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1 (new)
Article 13 – paragraph 1 – subparagraph 1 (new)
Without prejudice to paragraph 1, in the case of spirit drinks produced in the Union and intended for export, the particulars provided for in this Regulation may be supplemented in a language easily understood by the final consumer.
Amendment 144 #
Proposal for a regulation
Article 16 – paragraph 1 – introductory part
Article 16 – paragraph 1 – introductory part
1. In order to take into account evolving consumer demands, technological progress, developments in the relevant international standards and the need to improve the economic conditions of production and marketing whilst ensuring consumer protection, the Commission shall be empowered to adopt delegated acts in accordance with Article 43 concerning:
Amendment 146 #
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
Amendment 150 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Protected gGeographical indications may be used by any operator marketing a spirit drink produced in conformity with the corresponding product specification.
Amendment 153 #
Proposal for a regulation
Article 18 – paragraph 2 – introductory part
Article 18 – paragraph 2 – introductory part
2. Protected gGeographical indications and the spirit drinks using those protected names in conformity with the product specification shall be protected against:
Amendment 155 #
Proposal for a regulation
Article 18 – paragraph 2 – point c
Article 18 – paragraph 2 – point c
(c) any other false or misleading indication as to the provenance, origin, nature or essential qualities of the product, on the inner or outer packaging, advertising material or documents relating to the product concerned, and the packpresentation or labelling of the product in a container liable to convey a false impression as to its origin;
Amendment 163 #
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. Protected gGeographical indications shall not become generic in the Union within the meaning of Article 32(1) .
Amendment 166 #
Proposal for a regulation
Article 18 – paragraph 4
Article 18 – paragraph 4
4. Member States shall take the steps necessary to stop the unlawful use of protected geographical indications as referred to in paragraph 2.
Amendment 169 #
Proposal for a regulation
Article 19 – paragraph 1 – point e
Article 19 – paragraph 1 – point e
(e) a description of the method of obtainproducing the spirit drink and, where appropriate, the authentic and unvarying local methods as well as information on packaging, if the applicant group so determines and gives sufficient product- specific justification as to why the packaging must take place in the defined geographical area to safeguard quality, to ensure the origin or to ensure control, taking into account Union law, in particular that on the free movement of goods and the free provision of services;
Amendment 174 #
Proposal for a regulation
Article 22
Article 22
Amendment 178 #
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. The scrutiny of the application shall focus ononly address the proposed amendment.
Amendment 187 #
Geographical indications of spirit drinks produced in third countries that are protected in the Union pursuant to an international agreement to which the Union is a contracting party may be entered in the Register as geographical indications, only after the Commission has adopted an implementing act to that effect.
Amendment 188 #
Proposal for a regulation
Article 32 – paragraph 3
Article 32 – paragraph 3
Amendment 190 #
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. The registration of a trademark which contains or consists of a geographical indication listed in the Register shall be refused or invalidated if its use would lead to any of the situations referred to in Article 18(2).
Amendment 200 #
Proposal for a regulation
Article 38 – paragraph 1
Article 38 – paragraph 1
Amendment 203 #
Proposal for a regulation
Article 38 – paragraph 2
Article 38 – paragraph 2
Amendment 211 #
Proposal for a regulation
Article 46 – paragraph 3 – subparagraph 1
Article 46 – paragraph 3 – subparagraph 1
Articles 19 to 23, 28 and 29 shall apply to applications for protection, applications for amendment and cancellations submitted after the date of application of this Regulation. Reference to Product Specifications as defined by Article 2. 1(7) shall also be taken to include the Technical Files of spirit drinks protected under Regulation (EC) No 110/2008 where appropriate and, in particular, with respect to Articles 18, 28, 29, 35, 38, 39 and this Article.