63 Amendments of Ulrike MÜLLER related to 2016/0392(COD)
Amendment 128 #
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 130 #
Proposal for a regulation
Recital 17
Recital 17
(17) Concerning the protection of geographical indications, it is important to have due regard to the Agreement on Trade-Related Aspects of Intellectual Property Rights (‘TRIPS Agreement’), and in particular Articles 22 and 23 thereof, and to the General Agreement on Tariffs and Trade (‘GATT Agreement’) which were approved by Council Decision 94/800/EC.12 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 Union Customs territory. __________________ 12 Council Decision 94/800/EC of 22 December 1994 concerning the conclusion on behalf of the European Community, as regards matters within its competence, of the agreements reached in the Uruguay Round multilateral negotiations (1986-1994) (OJ L 336, 23.12.1994, p. 1).
Amendment 149 #
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, while 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 152 #
Proposal for a regulation
Recital 23
Recital 23
Amendment 166 #
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 foodstuffs; alcoholic beverages; Or. en (See wording of Article 2 - Paragraph 1 - Point d - Point ii of Regulation 110/2008.)
Amendment 170 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 – point d – point ii – indent 4 a (new)
Article 2 – paragraph 1 – point 1 – point d – point ii – indent 4 a (new)
- drinks;
Amendment 173 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point b a (new)
Article 2 – paragraph 1 – point 3 – point b a (new)
(ba) ethyl alcohol of agricultural origin;
Amendment 180 #
Proposal for a regulation
Article 2 – paragraph 1 – point 11 a (new)
Article 2 – paragraph 1 – point 11 a (new)
(11a) ‘of agricultural origin’ means obtained from agricultural products listed in Annex I to the TFEU or fermented alcoholic beverages originating exclusively from such products.
Amendment 208 #
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 practices.
Amendment 212 #
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
Amendment 214 #
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 2
Article 5 – paragraph 2 – subparagraph 2
Amendment 233 #
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. Or. en (See Article 9 - Paragraph 6 of Regulation 110/2008.)
Amendment 236 #
Proposal for a regulation
Article 8 – paragraph 5 – subparagraph 2
Article 8 – paragraph 5 – subparagraph 2
Amendment 240 #
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 inof agricultural origin that may be used as a carrier for flavourings used for the production of that foodstuff; and
Amendment 245 #
Proposal for a regulation
Article 9 – paragraph 5
Article 9 – paragraph 5
5. TWithout prejudice to Article 13(1) of Regulation (EU) No 1169/2011, the allusion to any spirit drink category or geographical indication, for the presentation of a foodstuff, shall not be in the same line as the sales denomination. Without prejudice to the second subparagraph of Article 10(3) of this Regulation, for the presentation of alcoholic beverages, the allusion shall appear in a font size smaller than those used for the sales denomination and compound term.
Amendment 267 #
Proposal for a regulation
Article 11 – paragraph 3 a (new)
Article 11 – paragraph 3 a (new)
3a. Products listed in paragraphs 1 to 14 of Part I of Annex II, including products with a registered geographical indication that are not sweetened in order to round off the final taste of the product, may voluntarily indicate this quality characteristic on the label with terms such as e.g. "without added sugar".
Amendment 270 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Where the origin of a spirit drink is indicated, it shall cmean the place or respond 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 . __________________ 16Regulation (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.gion where the stage in the production process of the finished product which conferred on the spirit drink its character and essential definitive qualities took place. __________________ Or. en (See Annex I, Point 13 of Regulation 110./2013, p. 1). 08.)
Amendment 284 #
Proposal for a regulation
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
In the case of spirit drinks produced in the Union and intended for export, the geographical indications and the terms indicated in italics in Annex II may be repeated in a language other than an official language of the European Union when it is a legal requirement of the importing country.
Amendment 290 #
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 at the same time ensuring consumer protection and taking into account traditional practice, the Commission shall be empowered to adopt delegated acts in accordance with Article 43 concerning:
Amendment 300 #
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
Amendment 306 #
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 packing of the product used on its presentation or labelling a containernd liable to convey a false impression as to its origin;
Amendment 310 #
Proposal for a regulation
Article 18 – paragraph 3 a (new)
Article 18 – paragraph 3 a (new)
Amendment 314 #
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 319 #
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, category, a description of the spirit drink, including, where appropriate, specific rules concerning packaging and labelling, and a concise definition of the geographical area;
Amendment 329 #
Proposal for a regulation
Article 22
Article 22
Amendment 332 #
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 shall consist of a check that there are no manifest errors in the application and should not exceed a period of 126 months. Where this period is exceeded, the Commission shall indicate in writing to the applicant the reasons for the delay.
Amendment 343 #
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. Where, on the basis of the information available to the Commission from the scrutiny carried out pursuant to the first subparagraph of Article 23(1), the Commission considers that the conditions for registration are not fulfilled, it shall adopt implementing acts rejecting the application. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 44(2)delegated acts supplementing this Regulation, in accordance with Article 43, rejecting the application.
Amendment 344 #
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. If the Commission receives no notice of opposition or no admissible reasoned statement of opposition under Article 24, it shall adopt implementing acts, without applying the procedure referred to indelegated acts supplementing this Regulation, in accordance with Article 44(2)3, registering the name.
Amendment 345 #
Proposal for a regulation
Article 27 – paragraph 3 – point a
Article 27 – paragraph 3 – point a
(a) if an agreement has been reached, register the name by means of implementing acts adopted without applying the procedure referred to in Article 44(2),adopt delegated acts supplementing this Regulation, in accordance with Article 43, to register the name and, if necessary, amend the information published pursuant to Article 23(2) provided such amendments are not substantial; or
Amendment 346 #
Proposal for a regulation
Article 27 – paragraph 3 – point b
Article 27 – paragraph 3 – point b
(b) if an agreement has not been reached, adopt implementing acts deciding on the registration. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 44(2)delegated acts supplementing this Regulation, in accordance with Article 43, deciding on the registration.
Amendment 347 #
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 349 #
Proposal for a regulation
Article 29 – paragraph 1 – introductory part
Article 29 – paragraph 1 – introductory part
The Commission mayis empowered to adopt delegated acts supplementing this Regulation, in accordance with Article 43, on its own initiative or at the request of any natural or legal person having a legitimate interest, adopt implementing actsin order to cancel the registration of a geographical indication in the following cases:
Amendment 351 #
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
Amendment 352 #
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
The Commission shall adopt implementing acts, without applying the procedure referred to indelegated acts, supplementing this Regulation, in accordance with Article 44(2)3, establishing and maintaining a publicly accessible updated electronic register of geographical indications of spirit drinks recognised under this scheme (‘the Register’). The Register [insert footnote with a direct link to the relevant site] will provide direct access to all product specifications for spirit drinks registered as geographical indications.
Amendment 358 #
Proposal for a regulation
Article 30 – paragraph 3
Article 30 – paragraph 3
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 a delegated act to that effect.
Amendment 361 #
Proposal for a regulation
Article 34 – title
Article 34 – title
Amendment 362 #
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. Without prejudice to paragraph 2, gGeographical indications of spirit drinks protected under Regulation (EC) No 110/2008, shall automatically be protected as geographical indications under this Regulation. The Commission shall list them in the Register.
Amendment 366 #
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
Amendment 379 #
Proposal for a regulation
Article 38 – paragraph 1
Article 38 – paragraph 1
Amendment 386 #
Proposal for a regulation
Article 38 – paragraph 2
Article 38 – paragraph 2
Amendment 403 #
Proposal for a regulation
Article 46 – paragraph 3 – subparagraph 3 a (new)
Article 46 – paragraph 3 – subparagraph 3 a (new)
Reference to product specifications as defined in point 7 of Article 2(1) 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 this Article and Articles 18, 28, 29, 35, 38, 39 of this Regulation.
Amendment 409 #
Proposal for a regulation
Annex I – paragraph 1 – point 2 a (new)
Annex I – paragraph 1 – point 2 a (new)
(2a) In the context of this Regulation, the general term “distillation” is used for both single and multiple distillation or re- distillation.
Amendment 412 #
Proposal for a regulation
Annex I – paragraph 1 – point 14
Annex I – paragraph 1 – point 14
(14) ‘Colouring’ means using in the preparaoduction of a spirit drink one or more colours, as defined in point 2 of Annex I to Regulation (EC) No 1333/2008.
Amendment 425 #
Proposal for a regulation
Annex II – section 1 – part 5 – point d
Annex II – section 1 – part 5 – point d
(d) Brandy or Weinbrand shall not be flavoured. This shall not exclude traditional production methods which have an approval in at least one member state.
Amendment 438 #
Proposal for a regulation
Annex II – section 1 – part 9 – point f – paragraph 3 – indent 5 a (new)
Annex II – section 1 – part 9 – point f – paragraph 3 – indent 5 a (new)
– ‘Obstler’ for a fruit spirit produced exclusively from apples, pears or both.
Amendment 447 #
Proposal for a regulation
Annex II – section 1 – part 15 – point a – paragraph 1 – introductory part
Annex II – section 1 – part 15 – point a – paragraph 1 – introductory part
Vodka is a spirit drink produced from ethyl alcohol of agricultural origin obtained following fermentation with yeast from either:
Amendment 453 #
Proposal for a regulation
Annex II – section 1 – part 15 – point b
Annex II – section 1 – part 15 – point b
(b) The minimum alcoholic strength by volume of vodka shall be 37.5 %.
Amendment 455 #
Proposal for a regulation
Annex II – section 1 – part 15 – point d
Annex II – section 1 – part 15 – point d
(d) The description, presentation or labelling of vodka not produced exclusively from potatoes or cereals shall bear the indication ‘produced from ...’, supplemented by the name of the raw materials used to produce the ethyl alcohol of agricultural origin.
Amendment 468 #
Proposal for a regulation
Annex II – section 1 – part 22 – point c
Annex II – section 1 – part 22 – point c
(c) The term London gin may be supplemented byincorporate the term ‘dry’.
Amendment 474 #
Proposal for a regulation
Annex II – section 1 – part 31 – point a
Annex II – section 1 – part 31 – point a
(a) Flavoured vodka is vodka which has been given a predominant flavour other than that of the raw materials.
Amendment 476 #
Proposal for a regulation
Annex II – section 1 – part 31 – point b
Annex II – section 1 – part 31 – point b
(b) The minimum alcoholic strength by volume of flavoured vodka shall be 37.5 %.
Amendment 482 #
Proposal for a regulation
Annex II – section 1 – part 31 – point c
Annex II – section 1 – part 31 – point c
(c) Flavoured vodka may be sweetened, blended, flavoured, matured or coloured.
Amendment 484 #
Proposal for a regulation
Annex II – section 1 – part 31 – point d
Annex II – section 1 – part 31 – point d
(d) Flavoured vodka may also be sold under the name of any predominant flavour with the word ‘vodka’.
Amendment 490 #
Proposal for a regulation
Annex II – section 1 – part 32 – point a – introductory part
Annex II – section 1 – part 32 – point a – introductory part
(a) Liqueur is a spirit drink:
Amendment 493 #
Proposal for a regulation
Annex II – section 1 – part 32 – point a – point i – indent 1
Annex II – section 1 – part 32 – point a – point i – indent 1
– 70 grams per litre for ‘Kirschlikör’ or ‘Kirschliqueur’ (cherry liqueurs) the ethyl alcohol of which consists exclusively of cherry spirit,
Amendment 497 #
Proposal for a regulation
Annex II – section 1 – part 32 – point a – point i – indent 2
Annex II – section 1 – part 32 – point a – point i – indent 2
– 80 grams per litre for Enzianlikör or Enzianliqueur (gentian) or similar ‘Liköre’ or liqueurs prepared with gentian or similar plants as the sole aromatic substance,
Amendment 499 #
Proposal for a regulation
Annex II – section 1 – part 32 – point b
Annex II – section 1 – part 32 – point b
(b) The minimum alcoholic strength by volume of liqueur shall be 15 %.
Amendment 503 #
Proposal for a regulation
Annex II – section 1 – part 32 – point c – introductory part
Annex II – section 1 – part 32 – point c – introductory part
(c) Flavouring substances and flavouring preparations may be used in the preparation of liqueur. However, only natural flavouring substances and flavouring preparations shall be used in the preparation of the following liqueurs:
Amendment 506 #
Proposal for a regulation
Annex II – section 1 – part 32 – point c – point i – introductory part
Annex II – section 1 – part 32 – point c – point i – introductory part
(i) fruit liqueurs made from fruit:
Amendment 508 #
Proposal for a regulation
Annex II – section 1 – part 32 – point c – point ii – introductory part
Annex II – section 1 – part 32 – point c – point ii – introductory part
(ii) plant liqueurs made from plants:
Amendment 510 #
Proposal for a regulation
Annex II – section 1 – part 32 – point d – paragraph 1 – introductory part
Annex II – section 1 – part 32 – point d – paragraph 1 – introductory part
The following compound terms may be used in the presentation of liqueurs produced in the Union where ethyl alcohol of agricultural origin is used to mirror established production methods:
Amendment 514 #
Proposal for a regulation
Annex II – section 1 – part 32 – point d – paragraph 2
Annex II – section 1 – part 32 – point d – paragraph 2
As regards the labelling and presentation of those liqueurs, the compound term must appear on the labelling and in the presentation in one line in uniform characters of the same font and colour and the word ‘liqueur’ must appear in immediate proximity in characters no smaller than that font. If the alcohol does not come from the spirit drink indicated, its origin must be shown on the labelling in the same visual field as the compound term and the word ‘liqueur’ either by stating the type of agricultural alcohol or by the words ‘agricultural alcohol’ preceded on each occasion by ‘made from’ or ‘made using’.
Amendment 516 #
Proposal for a regulation
Annex II – section 1 – part 32 – point d a (new)
Annex II – section 1 – part 32 – point d a (new)
(da) The sales denomination Liqueur can also be supplemented with the name of the aroma or foodstuff used in the preparation of the product.