Activities of Mireille D'ORNANO related to 2016/0392(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council on the definition, presentation and labelling of spirit drinks, the use of the names of spirit drinks in the presentation and labelling of other foodstuffs and the protection of geographical indications for spirit drinks PDF (1 MB) DOC (245 KB)
Amendments (148)
Amendment 75 #
Draft legislative resolution
Citation 1 a (new)
Citation 1 a (new)
- having regard to Article 43(2) of the Treaty on the Functioning of the European Union,
Amendment 76 #
Draft legislative resolution
Citation 1 b (new)
Citation 1 b (new)
- having regard to Article 290 of the Treaty on the Functioning of the European Union, which emphasises, in particular, that the role of delegated acts is restricted to non-essential elements, which must be the subject of a legislative act;
Amendment 77 #
Draft legislative resolution
Citation 1 c (new)
Citation 1 c (new)
- having regard to Article 291 of the Treaty on the Functioning of the European Union, which defines the conditions for the exercise of the Commission’s implementing powers,
Amendment 78 #
Draft legislative resolution
Citation 1 d (new)
Citation 1 d (new)
- having regard to Regulation (EC) No 1924/2006 of the European Parliament and of the Council of 20 December 2006 on nutrition and health claims made on foods1, __________________ 1 OJ L 404, 30.12.2006, p.9.
Amendment 79 #
Draft legislative resolution
Citation 1 e (new)
Citation 1 e (new)
- having regard to Regulation (EC) No 1925/2006 of the European Parliament and of the Council of 20 December 2006 on the addition of vitamins and minerals and of certain other substances to foods1, __________________ 1 OJ L 404, 30.12.2006, p.26.
Amendment 80 #
Draft legislative resolution
Citation 1 f (new)
Citation 1 f (new)
- having regard to 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, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/20041, __________________ 1 OJ L 304, 22.11.2011, p. 18.
Amendment 81 #
Draft legislative resolution
Citation 1 g (new)
Citation 1 g (new)
- having regard to Regulation No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs1, __________________ 1 OJ L 343, 14.12.2012, p.1.
Amendment 82 #
Draft legislative resolution
Citation 1 h (new)
Citation 1 h (new)
- having regard to Commission Delegated Regulation (EU) No 664/2014 of 18 December 2013 supplementing Regulation (EU) No 1151/2012 of the European Parliament and of the Council with regard to the establishment of the Union symbols for protected designations of origin, protected geographical indications and traditional specialities guaranteed and with regard to certain rules on sourcing, certain procedural rules and certain additional transitional rules1, __________________ 1 OJ L 179, 19.6.2014, p. 17.
Amendment 83 #
Draft legislative resolution
Citation 1 i (new)
Citation 1 i (new)
Amendment 84 #
Draft legislative resolution
Citation 2
Citation 2
— having regard to Article 294(2) and Article 43(2) and Article 114(1) of the Treaty on the Functioning of the European Union, which provide the legislative foundation for the harmonisation of the internal market and seek in particular to ensure a high standard of consumer protection, pursuant to which the Commission submitted the proposal to Parliament (C8 0496/2017),
Amendment 85 #
Draft legislative resolution
Citation 2
Citation 2
— having regard to Article 294(2) concerning the common organisation of agricultural markets and Article 43(2) and Article 114(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8 0496/2017),
Amendment 86 #
Draft legislative resolution
Citation 2 a (new)
Citation 2 a (new)
- having regard to Articles 26, 28 and 37 of the Treaty on the Functioning of the European Union, which define the powers of the European Union to regulate the internal market and, in particular, free movement of goods,
Amendment 87 #
Proposal for a regulation
Recital 1
Recital 1
(1) Regulation (EC) No 110/2008 of the European Parliament and of the Council has proved successful in regulating the spirit drinks sector. However, in the light of recent experience and technological innovation it is necessary to update the rules on the definition, presentation and labelling of spirit drinks and to review the ways geographical indications for spirit drinks are registered, while preserving the high degree of legal protection of protected geographical indications, which entail both legal protection and recognition of the value of the national heritages and know-how of the Member States. __________________ 9 Regulation (EC) No 110/2008 of the European Parliament and of the Council of 15 January 2008 on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and repealing Council Regulation (EEC) No 1576/89 (OJ L 39, 13.2.2008, p. 16).
Amendment 88 #
Proposal for a regulation
Recital 2
Recital 2
(2) In order to align the powers conferred upon the Commission pursuant to Regulation (EC) No 110/2008 to Articles 290 and 291 of the Treaty on the Functioning of the European Union (‘the Treaty’), further, but not substantial, amendments to that Regulation are needed.
Amendment 89 #
Proposal for a regulation
Recital 3
Recital 3
(3) The measures applicable to spirit drinks should contribute to attaining a high level of consumer protection, preventing deceptive practices and attaining market transparency and fair competition. They should safeguard the reputation which the Union’s spirit drinks have achieved in the Union and on the world market by continuing to take into account the traditional practices used in the production of spirit drinks, which constitute one of the main reasons for the reputation for high-quality production of spirit drinks enjoyed by the European Union worldwide, as well as increased demand for consumer protection and information. Technological innovation should also be taken into account in respect of spirit drinks, where such innovation serves to improve quality, without affecting the traditional character of the spirit drinks concerned. The production of spirit drinks is strongly linked to the agricultural sector. Besides representing a major outlet for the agriculture of the Union, this link is determinant for the quality and reputation of the spirit drinks produced in the Union. This strong link to the agricultural sector should therefore be emphasised by the regulatory framework.
Amendment 90 #
Proposal for a regulation
Recital 3
Recital 3
(3) The measures applicable to spirit drinks should contribute to attaining a high level of consumer protection, preventing deceptive practices by increasing protection of national production by means, in particular, of protected indications of origin and attaining market transparency and fair competition. They should safeguard the reputation which the Union’s spirit drinks have achieved in the Union and on the world market by continuing to take into account the traditional practices used in the production of spirit drinks as well as increased demand for consumer protection and information. Technological innovation should also be taken into account in respect of spirit drinks, where such innovation serves to improve quality, without affecting the traditional character of the spirit drinks concerned. The production of spirit drinks is strongly linked to the agricultural sector. Besides representing a major outlet for the agriculture of the Union, this link is determinant for the quality and reputation of the spirit drinks produced in the Union. This strong link to the agricultural sector should therefore be emphasised by the regulatory framework.
Amendment 92 #
Proposal for a regulation
Recital 3
Recital 3
(3) The measures applicable to spirit drinks should contribute to attaining a high level of consumer protection, preventing deceptive practices and attaining market transparency and fair competition. They should safeguard the reputation for high quality which the Union’s spirit drinks have achieved in the Union and on the world market by continuing to take into account the traditional practices used in the production of spirit drinks as well as increased demand for consumer protection and information. Technological innovation should also be taken into account in respect of spirit drinks, where such innovation serves to improve quality, without affecting the traditional character of the spirit drinks concerned. The production of spirit drinks is strongly linked to the agricultural sector. Besides representing a major outlet for the agriculture of the Union, this link is determinant for the quality and reputation of the spirit drinks produced in the Union. This strong link to the agricultural sector should therefore be emphasised by the regulatory framework.
Amendment 93 #
Proposal for a regulation
Recital 3
Recital 3
(3) The measures applicable to spirit drinks should contribute to attaining a high level of consumer protection, preventing fraudulent and deceptive practices and attaining market transparency and fair competition. They should safeguard the reputation which the Union’s spirit drinks have achieved in the Union and on the world market by continuing to take into account the traditional practices used in the production of spirit drinks as well as increased demand for consumer protection and information. Technological innovation should also be taken into account in respect of spirit drinks, where such innovation serves to improve quality, without affecting the traditional character of the spirit drinks concerned. The production of spirit drinks is strongly linked to the agricultural sector. Besides representing a major outlet for the agriculture of the Union, this link is determinant for the quality and reputation of the spirit drinks produced in the Union. This strong link to the agricultural sector should therefore be emphasised by the regulatory framework.
Amendment 94 #
Proposal for a regulation
Recital 3
Recital 3
(3) The measures applicable to spirit drinks should contribute to attaining a high level of consumer protection, preventing deceptive practices and attaining market transparency and fair competition. They should safeguard the reputation which the Union’s spirit drinks have achieved in the Union and on the world market by continuing to take into account the traditional practices used in the production of spirit drinks as well as increased demand for consumer protection and information. Technological innovation should also be taken into account in respect of spirit drinks, where such innovation serves to improve quality, without affecting the traditional character and quality of the spirit drinks concerned. The production of spirit drinks is strongly linked to the agricultural sector. Besides representing a major outlet for the agriculture of the Union, this link is determinant for the quality and reputation of the spirit drinks produced in the Union. This strong link to the agricultural sector should therefore be emphasised by the regulatory framework.
Amendment 95 #
Proposal for a regulation
Recital 3
Recital 3
(3) The measures applicable to spirit drinks should contribute to attaining a high level of consumer protection, preventing deceptive practices and attaining market transparency and fair competition. They should safeguard the reputation which the Union’s spirit drinks have achieved in the Union and on the world market by continuing to take into account the traditional practices used in the production of spirit drinks as well as increased demand for consumer protection and information. Technological innovation should also be taken into account in respect of spirit drinks, where such innovation objectively serves to improve quality, without affecting the traditional character of the spirit drinks concerned. The production of spirit drinks is strongly linked to the agricultural sector. Besides representing a major outlet for the agriculture of the Union, this link is determinant for the quality and reputation of the spirit drinks produced in the Union. This strong link to the agricultural sector should therefore be emphasised by the regulatory framework.
Amendment 97 #
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) In this respect, it should be noted that the spirit drinks sector is an important source of employment in the European Union, as approximately one million jobs, in production and sales combined, depend on their production, and that the revenue in excise duties and VAT amounts to around EUR 23 billion per annum, as the European Economic and Social Committee states in its aforementioned report.
Amendment 99 #
Proposal for a regulation
Recital 3 b (new)
Recital 3 b (new)
(3b) It should also be recalled that the spirit drink industry contributes to the reputation for high quality enjoyed by European products on the world market, as the European market for spirit drinks has a turnover of EUR 21 billion, making the European Union the main producer and exporter of spirit drinks worldwide.
Amendment 100 #
Proposal for a regulation
Recital 3 c (new)
Recital 3 c (new)
(3c) It should be recalled that, for all the above reasons, the maintenance of a high degree of protection for, and quality of, European production of spirit drinks is of great economic importance, bearing in mind the economic significance of European exports of these drinks, the consumption of spirit drinks by people in Europe and the jobs linked directly or indirectly to their production in the European Union.
Amendment 101 #
Proposal for a regulation
Recital 3 d (new)
Recital 3 d (new)
(3d) It should also be recalled that, with regard to the internal market, despite the fall in overall consumption of alcoholic drinks and, therefore, of spirit drinks in the EU by 32% between 1980 and 2014, the EU is, according to the World Health Organisation, the region of the world with the highest alcohol consumption. Thus, European household expenditure on food and beverages represents approximately 14% of households’ budgets, making the European spirit drinks industry a driver of internal consumption in the European Union.
Amendment 102 #
Proposal for a regulation
Recital 4
Recital 4
(4) To ensure a more uniform approach in the legislation on spirit drinks, this Regulation should set outmaintain clear criteria for the definition, presentation and labelling of spirit drinks as well as for the protection of geographical indications. It should also set out rules on the use of ethyl alcohol or distillates of agricultural origin in the production of alcoholic beverages and on the use of the sales denominations of spirit drinks in the presentation and labelling of foodstuffs.
Amendment 105 #
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) In this respect, it should be recalled that in spite of an increase in turnover and a significant market share worldwide, the spirit drinks sector of the European Union has seen a substantial decline in competitiveness compared to competing geographical areas.
Amendment 106 #
Proposal for a regulation
Recital 4 b (new)
Recital 4 b (new)
(4b) The sectoral regulations on consumer information on food, in particular Regulation (EU) No 1169/2011, which for the time being excludes beverages containing more than 1.2% alcohol from its scope, must not result in additional costs for the industries concerned in the light of the decline in competitiveness already noted in the spirit drinks industry.
Amendment 107 #
Proposal for a regulation
Recital 5
Recital 5
(5) In the interests of consumers, this Regulation should apply to all spirit drinks placed on the Union market, whether produced in the Member States or in third countries. In order to maintain and improve the reputation of the spirit drinks produced in the Union on the world market, this Regulation should also apply to spirit drinks produced in the Union for export, bearing in mind the necessary adjustments for the purpose of exports of those spirit drinks, particularly regarding the translation of the information contained on labels, sales denominations and all other information into foreign languages.
Amendment 108 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) It should be recalled that exports of wines and spirits are very dynamic in the European Union, with a marked improvement in the balance of trade in the period 2003 to 2012 because, during that period, the trade balance improved from showing a deficit of EUR 3 billion in 2003 to showing a surplus of EUR 10 billion in 2012.
Amendment 109 #
Proposal for a regulation
Recital 5 b (new)
Recital 5 b (new)
(5b) European and national regulations must contribute to the dynamism of exports by granting facilities which are necessary as regards, inter alia, translations of commercial information into foreign languages, but at the same time the preservation of traditional production methods and the legal protection of protected geographical indications are of crucial importance and contribute to the competitiveness of European products on the international market.
Amendment 110 #
Proposal for a regulation
Recital 6
Recital 6
(6) In order to meet consumer expectations and to conform to traditional practices, ethyl alcohol used for the production of spirit drinks and other alcoholic beverages should be exclusively of agricultural origin. This should also ensure an additional outlet for basic agricultural products.
Amendment 111 #
Proposal for a regulation
Recital 7
Recital 7
(7) This Regulation should continue to focus on definitions of spirit drinks classified into categories by taking into account the traditional quality practices. This Regulation should also lay down specific rules for certain spirit drinks that are not included in the list of categories.
Amendment 112 #
Proposal for a regulation
Recital 8
Recital 8
(8) It should be clarified that a new category may only be added if a spirit drink has a significant market share in at least one Member State. Moreover, the name chosen for the new category shall either be a widely used nameould correspond to the denomination widely used for the spirit drink in question or, where this is not possible, be of a descriptive nature, in particular, by referring to the raw material used for the production of the spirit drink.
Amendment 113 #
Proposal for a regulation
Recital 8
Recital 8
(8) It should be clarified that a new category may only be added if a spirit drink has a significant market share in at least one Member State. Moreover, the name chosen for the new category shall either be a widely used name or, where this is not possible, be of a descriptive nature, in particular, by referring to the main agricultural raw material used for the production of the spirit drink.
Amendment 114 #
Proposal for a regulation
Recital 8
Recital 8
(8) It should be clarified that a new category may only be added if a spirit drink objectively has a significant market share in at least one Member State. Moreover, the name chosen for the new category shall either be a widely used name or, where this is not possible, be of a descriptive nature, in particular, by referring to the raw material used for the production of the spirit drink.
Amendment 115 #
Proposal for a regulation
Recital 9
Recital 9
(9) Regulation (EC) No 1334/2008 of the European Parliament and the Council10 also applies to spirit drinks. However, it is necessary to lay down additional rules concerning flavourings which will only apply to spirit drinks. __________________ 10 Regulation (EC) No 1334/2008 of the European Parliament and of the Council of 16 December 2008 on flavourings and certain food ingredients with flavouring properties for use in and on foods and amending Council Regulation (EEC) No 1601/91, Regulations (EC) No 2232/96 and (EC) No 110/2008 and Directive 2000/13/EC (OJ L 354, 31.12.2008, p. 34).
Amendment 116 #
Proposal for a regulation
Recital 11
Recital 11
(11) Industries in the sector for alcoholic drinks with a strength of more than 1.2% alcohol should decide any implementing rules for Regulation (EU) No 1169/2011 of the European Parliament and of the Council should applywith regard to the presentation and labelling of spirit drinks, save as otherwise provided for in this Regulation. __________________ 11 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, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004 (OJ L 304, 22.11.2011, p. 18).
Amendment 121 #
Proposal for a regulation
Recital 12
Recital 12
(12) In order to ensure the uniform use of compound terms and allusions in Member States, it is necessary to lay down provisions concerning their use for the purpose of presentation of spirit drinks and other foodstuffs.
Amendment 123 #
Proposal for a regulation
Recital 14
Recital 14
(14) While iIt is important to ensure that in general the maturation period or age specifies only the youngest alcoholic component, it should be possible to provide, by means of delegated acts, for a derogation, to take account of traditional ageing processes in the Member Statescannot be specified.
Amendment 125 #
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 129 #
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, or any other information concerning, in particular, the agricultural raw material used, 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 132 #
Proposal for a regulation
Recital 18
Recital 18
(18) Regulation (EU) No 1151/2012 of the European Parliament and of the Council13 does not apply to spirit drinks. Rules onegulation (EC) No 110/2008 therefore lays down specific rules applicable to protection of protected geographical indications of spirit drinks should therefore be laid down. G. Rules on protection of geographical indications identifyingof spirit drinks as originating in the territory of a country, or a region or locality in that territory, where a given quality, reputation or other characteristic of the spirit drink are essentially attributable to its geographical origin should be registered by the Commissionshould therefore be laid down. As a result of this Regulation, geographical indications are to be registered using a strictly defined procedure, involving the participation of and dialogue with the national competent authorities of the Member States. __________________ 13 Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (OJ L 343, 14.12.2012, p. 1).
Amendment 133 #
Proposal for a regulation
Recital 18
Recital 18
(18) Regulation (EU) No 1151/2012 of the European Parliament and of the Council13 does not apply to spirit drinks. Rules on protection of geographical indications of spirit drinks should therefore be laid down. Geographical indications identifying spirit drinks as originating in the territory of a country, or a region or locality in that territory, where a given quality, reputation or other characteristic of the spirit drink are essentially attributable to its geographical origin should be registered by the Commission. __________________ 13 Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (OJ L 343, 14.12.2012, p. 1).
Amendment 137 #
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 138 #
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 140 #
Proposal for a regulation
Recital 20 a (new)
Recital 20 a (new)
(20a) The Member States and the Commission shall jointly decide the content of and procedures for these exchanges of information.
Amendment 141 #
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 and for the production of their national products of spirit drinks and diversity in the spirit drinks sector, Member States should be allowed to adopt rules on the definition, presentation and labelling of spirit drinks produced in their territory that are stricter than those laid down in this Regulation.
Amendment 142 #
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 definition, presentation and labelling of spirit drinks produced in their territory that are stricter than those laid down in this Regulation or are adapted to their national situations.
Amendment 145 #
Proposal for a regulation
Recital 22
Recital 22
Amendment 153 #
Proposal for a regulation
Recital 23
Recital 23
(23) In order to react rapidly to economic and technological developments regarding spirit drinks covered by this Regulation for which no category and technical specifications exist so as to protect consumers and the economic interests of producers and unify the given production and quality requirements for those spirit drinks, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission as regard the additionCommission may, with the prior agreement of the Member States concerned, subject to certain conditions, ofadd new categories of spirit drinks to those listed respectively in Part I and II of Annex II to this Regulation and the technical specifications thereof.
Amendment 154 #
Proposal for a regulation
Recital 24
Recital 24
(24) It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and in particular representatives of micro-enterprises and SMEs in the industry, conducted in accordance with the principles laid down in the Inter-institutional Agreement on Better Law-Making of 13 April 201614 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. __________________ 14 Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission of 13 April 2016 on Better Law-Making (OJ L 123, 12.5.2016, p. 1).
Amendment 155 #
Proposal for a regulation
Recital 24
Recital 24
(24) It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level conducted in accordance with the principles laid down in the Inter-institutional Agreement on Better Law-Making of 13 April 201614 and in the context of REFIT. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. __________________ 14 Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission of 13 April 2016 on Better Law-Making (OJ L 123, 12.5.2016, p. 1).
Amendment 156 #
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
(24a) In this context, the European Economic and Social Committee has also stressed the need for this proposal for a regulation to be considered under REFIT.
Amendment 157 #
Proposal for a regulation
Recital 25
Recital 25
(25) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission subject to the conditions provided for by this Regulation.
Amendment 158 #
Proposal for a regulation
Recital 27
Recital 27
Amendment 161 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 – point d – point i – indent 1
Article 2 – paragraph 1 – point 1 – point d – point i – indent 1
- distillation, with or without added flavourings, of naturally fermented products,
Amendment 162 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 – point d – point i – indent 3 – indent 2
Article 2 – paragraph 1 – point 1 – point d – point i – indent 3 – indent 2
Amendment 163 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 – point d – point i – indent 3 – indent 2
Article 2 – paragraph 1 – point 1 – point d – point i – indent 3 – indent 2
- colourings,
Amendment 164 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 – point d – point i – indent 3 – indent 3
Article 2 – paragraph 1 – point 1 – point d – point i – indent 3 – indent 3
- sugars or other sweetening products, exhaustively enumerated,
Amendment 165 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 – point d – point ii – indent 4
Article 2 – paragraph 1 – point 1 – point d – point ii – indent 4
Amendment 168 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 – point d – point ii – indent 4
Article 2 – paragraph 1 – point 1 – point d – point ii – indent 4
- other foodstuffalcoholic beverages;
Amendment 171 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point b
Article 2 – paragraph 1 – point 3 – point b
(b) distillates of agricultural origin and/or ethyl alcohol of agricultural origin;
Amendment 174 #
Proposal for a regulation
Article 2 – paragraph 1 – point 4 – point b
Article 2 – paragraph 1 – point 4 – point b
(b) the term ‘liqueur’, in accordance with the conditions laid down in Annex 2, Part 1 (term 32) of this Regulation;
Amendment 175 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
(5) ‘allusion’ means the direct or indirect reference to one or more spirit drinks, a sales denomination listed in Part I of Annex II or geographical indications, other than the reference in a compound term or list of ingredients referred to in Article 8(6);
Amendment 182 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The alcohol used in the production of alcoholic beverages and to dilute or dissolve colours, flavourings or any other authorised additives used in the preparation of alcoholic beverages shall be ethyl alcohol of exclusively agricultural origin.
Amendment 190 #
Proposal for a regulation
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
Amendment 191 #
Proposal for a regulation
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) contain flavourings as defined inDoes not affect the English version.) peuvent contenir des substances aromatisantes telles que définies à l’annexe I, point (8) of Annex I;
Amendment 192 #
Proposal for a regulation
Article 4 – paragraph 2 – point d
Article 4 – paragraph 2 – point d
(d) contain colouring as defined inDoes not affect the English version.) peuvent contenir des matières colorantes telles que définies à l’annexe I, point (14) of Annex I;
Amendment 195 #
Proposal for a regulation
Article 4 – paragraph 3 – point c
Article 4 – paragraph 3 – point c
(c) contain flavourings as defined inDoes not affect the English version.) peuvent contenir des substances aromatisantes telles que définies à l’annexe I, point (8) of Annex I;
Amendment 199 #
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1 – point b
Article 5 – paragraph 1 – subparagraph 1 – point b
Amendment 204 #
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.
Amendment 215 #
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 2 – point b
Article 5 – paragraph 2 – subparagraph 2 – point b
(b) a spirit drink has a significant market sharen objectively significant share of the market for sprit drinks in at least one Member State;
Amendment 216 #
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 2 – point c
Article 5 – paragraph 2 – subparagraph 2 – point c
(c) the name chosen for the new category shall either be a name widely used namin the reference Member State or where this is not possible be of a descriptive nature, in particular, by referring to the raw material used for the production of the spirit drink;
Amendment 217 #
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 2 – point c
Article 5 – paragraph 2 – subparagraph 2 – point c
(c) the name chosen for the new category shall either be a widely used name or where this is not possible be of a descriptive nature, in particular, by referring to the main agricultural raw material used for the production of the spirit drink;
Amendment 218 #
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 2 – point d
Article 5 – paragraph 2 – subparagraph 2 – point d
(d) the technical specifications for the new category shall be laid down and based on an evaluation of existing quality and production parameters used on the Union market. When laying down the technical specifications, the applicable Union consumer protection legislation shall be respected and account shall be taken of any relevant international standards. They shall ensure fair competition amongst union producers as well as the high reputation of Union spirit drinks, particularly thanks to the use of traditional production methods which guarantee a high standard of quality of the product concerned.
Amendment 219 #
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 2 – point d
Article 5 – paragraph 2 – subparagraph 2 – point d
(d) the technical specifications for the new category shall be laid down and based on an evaluation of existing quality and production parameters used on the Union market. When laying down the technical specifications, the applicable Union consumer protection legislation shall be respected and account shall be taken of any relevant international standards and of the requirements of this Regulation. They shall ensure fair competition amongst union producers as well as the high reputation of Union spirit drinks.
Amendment 220 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
Amendment 221 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
Products referred to in Article 1(1) placed on the Union market must comply with the labelling requirements set out in Regulation (EU) No 1169/2011, which exempts alcoholic beverages containing more than 1.2% alcohol from food and energy labelling requirements, unless otherwise provided in this Regulation.
Amendment 223 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
Products referred to in Article 1(1) placed on the Union market must comply with the labelling requirements set out in Regulation (EU) No 1169/2011, unless otherwise provided in this Regulation.
Amendment 226 #
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
For the purposes of the application of Regulation (EU) No 1169/2011, greater flexibility is needed for alcoholic beverages containing more than 1.2% alcohol in comparison with other foodstuffs subject to that Regulation with respect, in particular, to labelling and information to the final consumer. In that regard, it should be borne in mind that the requirements, on the one hand, concerning the analysis needed in order to determine the energy content of alcoholic beverages and, on the other hand, concerning labelling may give rise to significant costs for businesses in the alcoholic beverages sector and that, for this reason, it is appropriate that the industries in this sector should determine, by means of industry self-regulation, the conditions and details of this labelling.
Amendment 228 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. The sales denominations of spirit drinks which meet the requirements laid down for the categories of spirit drinks listed in Part I of Annex II shall be the names of the relevant categories, unless; other sales denominations armay be provided for under those categories on condition that such denominations make it possible to inform consumers clearly about the nature of the product and are therefore in no way of a nature to mislead consumers.
Amendment 229 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. The sales denominations of spirit drinks which meet the requirements laid down for the categories of spirit drinks listed in Part I of Annex II shall be the names of the relevant categories,: no other mark, appellation or invented name may be substituted for them unless other sales denominations are provided for under those categories.
Amendment 231 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The sales denomination of a spirit drink not complying with the requirements laid down for the categories of spirit drinks listed in Part I of Annex II shall be ‘spirit drink’. Under no circumstances may it be supplemented by words or phrases suggesting an association with a sales denomination or a protected geographical indication specified by this Regulation which is liable to mislead the consumer.
Amendment 234 #
Proposal for a regulation
Article 8 – paragraph 5 – subparagraph 2
Article 8 – paragraph 5 – subparagraph 2
Amendment 239 #
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 present in flavourings used for the production of that foodstuff; et
Amendment 241 #
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), and the alcoholic strength of each spirit drink referred to in the compound term corresponds to the standard alcoholic strength of the spirit drink concerned and is at all events not significantly lower or higher; except for ethyl alcohol that may be present in flavourings used for the production of that foodstuff; and
Amendment 243 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. A compound term describing an alcoholic beverage shall not consist of a combination of the term ‘liqueur’ with the sales denominations provided for under one of the categories 33 to 41 of Part I of Annex II or with a protected geographical origin.
Amendment 244 #
Proposal for a regulation
Article 9 – paragraph 5
Article 9 – paragraph 5
Amendment 249 #
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 2 – point a
Article 10 – paragraph 1 – subparagraph 2 – point a
(a) those names or geographical indications appear exclusively in a list of all the alcoholic ingredients contained in the mixture, preceded by the term ‘mixed spirit drink’; and
Amendment 250 #
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 2 – point b
Article 10 – paragraph 1 – subparagraph 2 – point b
(b) the term ‘mixed spirit drink’ appears in a clear and visible manner and, in particular, in the same visual field as the sales denomination, in uniform characters of the same font and colour as those used for the sales denomination and in characters which are no larger than half the size of those used for the sales denomination.
Amendment 251 #
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 1
Article 10 – paragraph 2 – subparagraph 1
Amendment 254 #
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 2 – introductory part
Article 10 – paragraph 2 – subparagraph 2 – introductory part
In the case referred to in the first subparagraph, the presentation or labelling of the mixture may show the names listed in Part I of Annex II for geographical indications corresponding to the spirits drinks that were mixed, provided that these names appear:
Amendment 258 #
Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 2
Article 10 – paragraph 3 – subparagraph 2
The list of alcoholic ingredients shall appear in uniform characters of the same font and colour as those used for the sales denomination and in characters which are no larger than half the size of the characters used for the sales denomination.
Amendment 259 #
Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 2
Article 10 – paragraph 3 – subparagraph 2
The list of alcoholic ingredients shall appear in a clear and visible manner in uniform characters of the same font and colour as those used for the sales denomination and in characters which are no larger than half the size of the characters used for the sales denomination.
Amendment 280 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
The terms in italics in Annex II and the geographical indications shall neither be translated on the label nor in the presentation of the spirit drink. To meet requirements for the export of spirit drinks, certain labelling information may be duplicated in another language, including one which is not a European Union official language, so that end users in the country to which the product concerned is exported can easily understand essential information, thus serving to make the product more commercially attractive.
Amendment 283 #
Proposal for a regulation
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
In the case of spirit drinks originating in third countries and marketed in the European Union, essential information shall be included on the label and must, without fail, be translated into the language of the Member State in which the spirit drinks concerned are marketed, so that end users can easily understand essential information about them.
Amendment 287 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
The Union symbol for the relevant protected geographical indication may be used for the labelling and presentation of spirit drinks covered by that protected indication of origin.
Amendment 291 #
Proposal for a regulation
Article 16 – paragraph 1 – point a
Article 16 – paragraph 1 – point a
Amendment 292 #
Proposal for a regulation
Article 16 – paragraph 1 – point b
Article 16 – paragraph 1 – point b
Amendment 293 #
Proposal for a regulation
Article 16 – paragraph 1 – point c
Article 16 – paragraph 1 – point c
(c) updating and completing Union reference methods for the analysis of spirit drinks, in the light of technical progress and provided that such updating does not substantively change the reference methods and does not generate additional costs for producers.
Amendment 294 #
Proposal for a regulation
Article 16 – paragraph 1 – point c
Article 16 – paragraph 1 – point c
(c) updating and completing Union reference methods for the analysis of spirit drinks.
Amendment 295 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
Amendment 298 #
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
Amendment 302 #
Proposal for a regulation
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
Amendment 305 #
Proposal for a regulation
Article 18 – paragraph 2 – point a – point i
Article 18 – paragraph 2 – point a – point i
(i) by comparable products not complying with the product specification and not covered by the registration of the protected name; or
Amendment 316 #
Proposal for a regulation
Article 19 – paragraph 1 – point h
Article 19 – paragraph 1 – point h
(h) any additional information, in particular any specific labelling rule for the spirit drink in question.
Amendment 318 #
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1 – point c – point i
Article 20 – paragraph 1 – subparagraph 1 – point c – point i
(i) the main points of the product specification: the name, a description of the spirit drink, including, where appropriate, specific rules concerning packaging and labelling, and a concise definition of the geographical area in question;
Amendment 320 #
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1 – point c – point i
Article 20 – paragraph 1 – subparagraph 1 – point c – point i
(i) the main points of the product specification: the name, a description of the spirit drink, including, where appropriate, specific rules concerning packaging and labelling, and a concise definition of the geographical area;
Amendment 321 #
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1 – point c – point i a (new)
Article 20 – paragraph 1 – subparagraph 1 – point c – point i a (new)
(ia) any relevant additional information about production methods or about specific rules on, for example, labelling;
Amendment 325 #
Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 3
Article 21 – paragraph 1 – subparagraph 3
A joint application shall be submitted to the Commission by athe Member States concerned, or by an applicant group in a third country concerned, directly or through the authorities of that third country. It shall include the declaration referred to in point (c) of Article 20(2) from all the Member States concerned. The requirements laid down in Article 20 shall be fulfilled in all Member States and third countries concerned.
Amendment 326 #
Proposal for a regulation
Article 21 – paragraph 4 – subparagraph 1
Article 21 – paragraph 4 – subparagraph 1
If, after assessment of any opposition received, the Member State considers that the requirements of this Chapter are met, it may take a favourable decision and lodge an application dossier with the Commission. It shall in such case inform the Commission of admissible oppositions received from a natural or legal person that have legally marketed the products in question, using the names concerned continuously for at least five years preceding the date of the publication referred to in paragraph 3. Member States shall also keep the Commission informed of the national judicial proceedings possibly affecting the registration procedure.
Amendment 327 #
Proposal for a regulation
Article 21 – paragraph 4 – subparagraph 1
Article 21 – paragraph 4 – subparagraph 1
If, after assessment of any opposition received, the Member State considers that the requirements of this Chapter are met, it may take a favourable decision and lodge an application dossier with the Commission. It shall in such case inform the Commission of admissible oppositions received from a natural or legal person that have legally marketed the products in question, using the names concerned continuously for at least five years preceding the date of the publication referred to in paragraph 3. Member States shall also keep the Commission informed of the national judicial proceedings possibly affecting the registration procedure.
Amendment 330 #
Proposal for a regulation
Article 22 – paragraph 4
Article 22 – paragraph 4
Amendment 331 #
Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 1
Article 23 – paragraph 1 – subparagraph 1
The Commission shall scrutinise by appropriate means any application that it receives pursuant to Article 21, in order to check that it is justified and that it meets the conditions of this Chapter. This scrutiny should not exceed a period of 12 months. Where this period is exceeded, the Commission shall indicate in writing to the applicant the reasons for the delay, within 12 months.
Amendment 334 #
Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 1 a (new)
Article 23 – paragraph 1 – subparagraph 1 a (new)
The 12-month deadline shall be a strict one which the Commission may not exceed unless there is a compelling reason to do so. The Commission must, without fail and at the earliest possible date, indicate to the applicant in writing the reason for any delay in the scrutiny procedure and how much additional time it is expected to take. That additional time shall be strictly fixed and may not be exceeded.
Amendment 335 #
Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 2
Article 23 – paragraph 1 – subparagraph 2
The Commission shall, at least each month, make public the list of names for which registration applications have been submitted to it, as well as their date of submission, in particular by publishing the list on a public internet platform which it has set up for that purpose.
Amendment 336 #
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. Where, based on the scrutiny which the Commission carrieds out pursuant to the first subparagraph of paragraph 1, the Commission considers leads to the conclusion that the conditions laid down in this Chapter are fulfilled, ithe Commission shall publish in the Official Journal of the European Union the single document referred to in point (c) of Article 20(1) and the reference to the publication of the product specification.
Amendment 337 #
Proposal for a regulation
Article 24 – paragraph 1 – subparagraph 5
Article 24 – paragraph 1 – subparagraph 5
The Commission shall forward the notice of opposition to the authority or body that lodged the application without delayat the earliest possible date.
Amendment 338 #
Proposal for a regulation
Article 24 – paragraph 3 – subparagraph 1
Article 24 – paragraph 3 – subparagraph 1
Within two months after the receipt of an admissible reasoned statement of opposition, the Commission shall invite the authority or person that lodged the opposition and the authority or body that lodged the application to engage in appropriate consultations for a period that shall not exceed three months. This deadline shall start on the date when the invitation to the interested parties is del, which shall be sent by the Commission by post and by electronic means at the earliest possible date, is receivered by electronic means. the abovementioned authority or body.
Amendment 339 #
Proposal for a regulation
Article 24 – paragraph 3 – subparagraph 3
Article 24 – paragraph 3 – subparagraph 3
When the interested parties reach an agreement, the authorities of the Member State or of the third country from which the application was lodged shall notify the Commission of all the factors which enabled that the agreement tohas been reached, includingadvising it in particular of the opinions of the applicant and of the authorities of a Member State or of a third country or other natural and legal persons having lodged an opposition.
Amendment 340 #
Proposal for a regulation
Article 24 – paragraph 3 – subparagraph 5
Article 24 – paragraph 3 – subparagraph 5
At any time during these three months, the Commission may, at the request of the applicantust, if the applicant requests it to do so, extend the deadline for the consultations by a maximum of three months.
Amendment 341 #
Proposal for a regulation
Article 25 – paragraph 1 – point c
Article 25 – paragraph 1 – point c
(c) the registration of the name proposed would jeopardise the existence of an entirely or partly identical name or of a trade mark or the existence of products which have been legally on the market for at least five years preceding the date of the publication provided for in Article 23(2), or would, in any event, be likely to mislead the consumer.
Amendment 342 #
Proposal for a regulation
Article 26
Article 26
Amendment 353 #
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
The Commission shall adopt implementing acts, without applying the procedure referred to in Article 44(2), establishing and maintaining a publicly accessible updated electronic register of geographical indications of spirit drinks recognised under this scheme (‘the Register’), in addition to Annex III to this Regulation establishing the official and exhaustive list of such indications in the European Union.
Amendment 356 #
Proposal for a regulation
Article 30 – paragraph 1 a (new)
Article 30 – paragraph 1 a (new)
The abovementioned electronic register shall serve to make the list of protected geographical indications more accessible for public consultation. It may not, however, replace Annex III to this Regulation establishing the official and exhaustive list of the protected geographical indications.
Amendment 357 #
Proposal for a regulation
Article 30 – paragraph 3
Article 30 – paragraph 3
Amendment 368 #
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. For a period of up to two years following the entry into force of this Regulation, the Commission, by means of implementing acts, may, on its own initiative,and subject to the agreement of the reference Member State, the Commission may cancel the protection of geographical indications referred to in Article 20 of Regulation (EU) No 110/2008 if they do not comply with point (6) of Article 2(1). Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 44(2).
Amendment 369 #
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. For a period of up to two years following the entry into force of this Regulation, the Commission, by means of implementing acts, may, on its own initiative, cancel the protection of geographical indications referred to in Article 20 of Regulation (EU) No 110/2008 if they do not comply with point (6) of Article 2(1). Those implementing acts shall be adopted in accordance with the examination procedure referred to in Commission and the Member State concerned agree that they do not comply with point (6) of Article 44(22(1).
Amendment 370 #
Proposal for a regulation
Article 34 – paragraph 2 a (new)
Article 34 – paragraph 2 a (new)
2a. In order for the Commission to cancel the protection of a protected indication of origin it is a binding requirement that the competent national authorities should agree to the cancellation.
Amendment 372 #
Proposal for a regulation
Article 35 – paragraph 1 – subparagraph 1 – point b
Article 35 – paragraph 1 – subparagraph 1 – point b
(b) control body within the meaning of point 5 of the second subparagraph of Article 2 of Regulation (EC) No 882/2004 of the European Parliament and of the Council19, operating as a product certification body recognised and accredited as such by the reference Member State. __________________ 19 Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (OJ L 165, 30.4.2004, p. 1).
Amendment 373 #
Proposal for a regulation
Article 35 – paragraph 1 – subparagraph 2
Article 35 – paragraph 1 – subparagraph 2
Amendment 375 #
Proposal for a regulation
Article 35 – paragraph 2 – point b
Article 35 – paragraph 2 – point b
(b) product certification body recognised and accredited by the third country.
Amendment 376 #
Proposal for a regulation
Article 35 – paragraph 3 – subparagraph 1
Article 35 – paragraph 3 – subparagraph 1
Member States shall make public the names and addresses of the authorities and bodies referred to in paragraph 1, and update that information periodicallas necessary.
Amendment 377 #
Proposal for a regulation
Article 35 – paragraph 5
Article 35 – paragraph 5
5. The competent authorities or bodies, referred to in paragraphs 1 and 2, verifying compliance of the protected geographical indication with the product specification shall fulfil conditions set by the Member States in question for their accreditation as control and certification bodies; in particular, they shall be objective and impartial. They and shall have at their disposal the qualified staff and resources necessary to carry out their tasks.
Amendment 378 #
Proposal for a regulation
Article 38 – paragraph 1
Article 38 – paragraph 1
Amendment 382 #
Proposal for a regulation
Article 38 – paragraph 1 – point a
Article 38 – paragraph 1 – point a
Amendment 383 #
Proposal for a regulation
Article 38 – paragraph 1 – point b
Article 38 – paragraph 1 – point b
Amendment 384 #
Proposal for a regulation
Article 38 – paragraph 2
Article 38 – paragraph 2
Amendment 387 #
Proposal for a regulation
Article 38 – paragraph 3
Article 38 – paragraph 3
Amendment 388 #
Proposal for a regulation
Article 38 – paragraph 3 – point a
Article 38 – paragraph 3 – point a
Amendment 389 #
Proposal for a regulation
Article 38 – paragraph 3 – point b
Article 38 – paragraph 3 – point b
Amendment 390 #
Proposal for a regulation
Article 38 – paragraph 4
Article 38 – paragraph 4
4. In order to ensure that product specifications provide relevant and succinct information, the Commission shall be empowered to adopt delegated acts, in accordance with Article 43, laying down rules which limit the information contained in the product specification, exclusively where such a limitation is necessary to avoid excessively voluminous applications for registration and where it will not result in certain categories of product being given a competitive advantage at the expense of others.
Amendment 391 #
Proposal for a regulation
Article 38 – paragraph 5
Article 38 – paragraph 5
5. In order to facilitate the administrative process of an amendment application, including where the amendment consists in a temporary change of the product specification resulting from the imposition of obligatory sanitary and phytosanitary measures by the public authorities or linked to natural disasters or adverse weather conditions formally recognised by the competent national authorities, the Commission shall be empowered to adopt delegated acts, in accordance with Article 43, to establish conditions and requirements for the procedure concerning the amendments to be approved both by the Member States and by the Commission.
Amendment 392 #
Proposal for a regulation
Article 38 – paragraph 6
Article 38 – paragraph 6
6. In order to prevent the unlawful use of geographical indications, the Commission shall be empowered to adopt delegated acts in accordance with Article 43 concerning the appropriate actions to be implemented by the Member States in this respect. Member States may take additional measures, including measures stricter than those adopted by the Commission.
Amendment 393 #
Proposal for a regulation
Article 39 – paragraph 1 – point a
Article 39 – paragraph 1 – point a
(a) the form of the specification and measures on theain items of information to be provided in the product specification with regard to the link between the geographical area and the final product;
Amendment 394 #
Proposal for a regulation
Article 41 – paragraph 2
Article 41 – paragraph 2
Amendment 399 #
Proposal for a regulation
Article 43 – paragraph 2
Article 43 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 5, 16, 38, 41 and 46(2) shall be conferred on the Commission for an indeterminate five-year period of time from the entry into force of this Regulation.
Amendment 401 #
Proposal for a regulation
Article 46 – paragraph 2
Article 46 – paragraph 2