59 Amendments of Marc TARABELLA related to 2016/0392(COD)
Amendment 47 #
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 of the spirit drinks concerned. The production of spirit drinks is strongly linked to the agricultural sector, and is subject to the general rules for foodstuffs set down in Regulations 178/2006 on general food law principles, 1169/2011 on food information to consumers and 2017/625 on official controls. 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 50 #
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 out clear criteria for the definition, presentation and labelling of spirit drinks as well as for the protection of geographical indications, without prejudice to the varieties of official languages and alphabets in the EU. 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 53 #
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) Member States are responsible for monitoring the unlawful use of protected geographical indications and the Commission should be informed of the application of the rules in Member States, thus providing a suitable framework to allow fake spirits to be removed from the market.
Amendment 55 #
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) Furthermore, the protection of geographical indications should be extended to goods brought, in the course of trade, into the Union without being released for free circulation, where such goods, including their packaging, originate in third countries.
Amendment 57 #
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 protectregistered 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 transparent and exhaustive electronic register of geographical indications should be established. with the same legal value as Annex III of Regulation 110/2008 should be established. Geographical indications registered under Regulation 110/2008 should automatically be registered by the Commission. The Commission should complete the verification of geographical indications contained in Annex III of Regulation 110/2008, in accordance with Art. 20 of that Regulation, before the entry into force of this Regulation.
Amendment 59 #
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19a) In order to ensure full compliance with the provisions concerning the protection of geographical indications of spirit drinks, consideration should be given to the adoption of rules preventing the fraudulent use of geographical indications to designate products in transit through Union territory, even where they are not intended for free circulation on the Union market.
Amendment 62 #
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 respecting traditional practices, 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 67 #
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 70 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 – point d – point i – indent 2
Article 2 – paragraph 1 – point 1 – point d – point i – indent 2
- the maceration or similar processing of plant materials in ethyl alcohol of agricultural origin, distillates of agricultural origin or spirit drinks or a mixturecombination thereof within the meaning of this Regulation,
Amendment 74 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3 – introductory part
Article 2 – paragraph 1 – point 3 – introductory part
(3) ‘mixture’ means a spirit drink listed in Part I of Annex II or corresponding to a geographical indication mixed with anyone or more of the following:
Amendment 76 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
(7) ‘product specification’ means a file attached to the application for the protection of a geographical indication setting out the specifications which the spirit drink must comply with and corresponding to the "technical file" referred in Regulation 110/2008;
Amendment 78 #
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 81 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The alcohol used in the production of alcoholic beveragespirit drinks and to dilute or dissolve colours, flavourings or any other authorised additives used in the preparation of alcoholic beveragespirit drinks shall be ethyl alcohol of agricultural origin.
Amendment 82 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The alcohol used in the production of alcoholic beveragespirit drinks and to dilute or dissolve colours, flavourings or any other authorised additives used in the preparation of alcoholic beverages shall be ethyl alcohol of agricultural origin.
Amendment 85 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Distillates used in the production of alcoholic beveragespirit drinks and to dilute or dissolve colours, flavourings or any other authorised additives used in the preparation of alcoholic beveragespirit drinks shall exclusively be of agricultural origin.
Amendment 86 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Distillates used in the production of alcoholic beveragespirit drinks and to dilute or dissolve colours, flavourings or any other authorised additives used in the preparation of alcoholic beverages shall exclusively be of agricultural origin.
Amendment 87 #
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. Where ethyl alcohol or distillates of agricultural origin are to be marketed, the raw materials from which they have been obtained shall be specified in the electronic accompanying documents.
Amendment 89 #
Proposal for a regulation
Article 4 – paragraph 1 – point e
Article 4 – paragraph 1 – point e
(e) solely be sweetened in accordance with point (3) of Annex I and in order to round off the final taste of the product. The Member States' own legislation shall be taken into account.
Amendment 93 #
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1 – point b
Article 5 – paragraph 1 – subparagraph 1 – point b
Amendment 95 #
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 2
Article 5 – paragraph 1 – subparagraph 2
The delegatedimplementing 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, while at the same time taking traditional practice into account.
Amendment 98 #
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 100 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
Amendment 105 #
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 2 – point a
Article 5 – paragraph 2 – subparagraph 2 – point a
(a) the marketing of a spirit drink under a particular name and in accordance with uniform technical specifications is economically and technically necessary to protect the interests of consumers and producers;
Amendment 107 #
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 significantis present on the market share in at least one Member State;
Amendment 108 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
Amendment 111 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Where a spirit drink meets the requirements of more than one of the categories of spirit drinks 15 to 47 of Part I of Annex II, it may be sold under one or more of the relevant sales denominations provided for under those categories.
Amendment 115 #
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
Amendment 121 #
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 126 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. A maturation period or age may only be specified in the presentation or labelling of a spirit drink where it refers to the youngest alcoholic component and provided that all the operations to age the spirit drink was agedtook place under supervision of the tax authorities of a Member State or a supervision affording equivalent guarantees. The Commission shall adopt a public register listing the bodies appointed by each Member State to supervise ageing processes.
Amendment 128 #
Proposal for a regulation
Article 11 – paragraph 3 a (new)
Article 11 – paragraph 3 a (new)
3a. The maturation period or age and the sales denomination of a spirit drink shall be specified in the electronic accompanying documents.
Amendment 129 #
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 anplace or region where the relevant stage in the production process of the finished product took place which conferred ofn the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1)spirit drink its character and essential definitive qualities.
Amendment 136 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
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. be used according to the linguistic traditions and laws in the member state(s) where the drink is produced in order to facilitate the presentation of the spirit drink both on the internal and external markets. 2. Without prejudice to paragraph 1, in the case of spirit drinks produced in the Community and intended for export, the particulars provided for in this Regulation may be repeated in a language other than an official language of the European Union. 3. The particulars provided for in this Regulation shall be given in one or more official languages of the European Union in such a way that the final consumer can easily understand each of those items of information, unless the consumer is provided with the information by other means. 4. In the case of spirit drinks originating in third countries, use of an official language of the third country in which the spirit drink was produced shall be authorised if the particulars provided for in this Regulation are also given in an official language of the European Union in such a way that the final consumer can easily understand each item.
Amendment 138 #
Proposal for a regulation
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
Without prejudice to paragraph 1, in the case of spirit drinks produced in the Union and intended for export, the geographical indications and the terms in italics in Annex II may be repeated in a language other than an official language of the Union when this is a legal requirement of the importing country.
Amendment 141 #
Proposal for a regulation
Article 14 – title
Article 14 – title
Use of a Union symbol for protected registered geographical indications
Amendment 143 #
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, while ensuring consumer protection and taking into account traditional practices, the Commission shall be empowered to adopt delegated acts supplementing this regulation in accordance with Article 43 concerning:
Amendment 145 #
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
Amendment 147 #
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
Amendment 149 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. ProtectRegistered geographical indications may be used by any operator marketing a spirit drink produced in conformity with the corresponding product specification.
Amendment 152 #
Proposal for a regulation
Article 18 – paragraph 2 – introductory part
Article 18 – paragraph 2 – introductory part
2. ProtectRegistered geographical indications and the spirit drinks using those protected names in conformity with the product specification shall be protected against:
Amendment 159 #
Proposal for a regulation
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
2a. The protection of geographical indications referred to in paragraph 2 shall be extended to goods brought, in the course of trade, into the Union without being released for free circulation, where such goods, including their packaging, originate in third countries.
Amendment 162 #
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. ProtectRegistered geographical indications shall not become generic in the Union within the meaning of Article 32(1) .
Amendment 165 #
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 protectregistered geographical indications as referred to in paragraph 2.
Amendment 168 #
Proposal for a regulation
Article 19 – paragraph 1 – point a
Article 19 – paragraph 1 – point a
(a) the name to be protectregistered as a geographical indication, as it is used, whether in trade or in common language, and only in the languages which are or were historically used to describe the specific product in the defined geographical area;
Amendment 171 #
Proposal for a regulation
Article 19 – paragraph 1 – point f
Article 19 – paragraph 1 – point f
(f) details establishing the link between a given quality, reputation or otherand characteristics of the spirit drink and the geographical area referred to in point (d);
Amendment 173 #
Proposal for a regulation
Article 21 – paragraph 5
Article 21 – paragraph 5
5. Where the application relates to a geographical area in a third country the application shall be lodged with the Commission, either directly or via the authorities of the third country concerned.
Amendment 179 #
Proposal for a regulation
Article 29 – paragraph 1 – introductory part
Article 29 – paragraph 1 – introductory part
The Commission may, on its own initiative orafter consulting the respective authority of the member states affected, at the request of any natural or legal person having a legitimate interest, adopt implementing acts to cancel the registration of a geographical indication in the following cases:
Amendment 181 #
Proposal for a regulation
Article 29 – paragraph 1 – point a
Article 29 – paragraph 1 – point a
(a) where compliance with the conditions of the product specification is notcan no longer be ensured;
Amendment 182 #
Proposal for a regulation
Article 29 – paragraph 1 – point b
Article 29 – paragraph 1 – point b
(b) where no product is placed on the market under the geographical indication for at least seven consecutive years.
Amendment 183 #
Proposal for a regulation
Article 29 – paragraph 3 a (new)
Article 29 – paragraph 3 a (new)
Acts to cancel the registration of geographical indications shall be published in the Official Journal of the European Union.
Amendment 185 #
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’)., replacing and having the same legal value as Annex III of Regulation (EC) No 110/2008
Amendment 192 #
Proposal for a regulation
Article 34 – title
Article 34 – title
Implementing powers with respect to existing protectregistered geographical indications
Amendment 195 #
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 only after consulting and reaching an agreement with the competent authority of the concerned member state 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 197 #
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. For a period of up to two years followingUp to the entry into force of this Regulation, the Commission, by means of implementing acts, may, on its own initiative, cancel the protecregistration 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 199 #
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 protectregistered geographical indication with the product specification shall be objective and impartial. They shall have at their disposal the qualified staff and resources necessary to carry out their tasks.
Amendment 205 #
Proposal for a regulation
Article 40 – paragraph 1
Article 40 – paragraph 1
1. Member States shall be responsible for checks on spirit drinks, in accordance with Regulation 2017/625. They shall take the measures necessary to ensure compliance with this Regulation and designate the competent authorities responsible on compliance with this Regulation.
Amendment 208 #
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. This delegation of power shall be tacitly extended for a period of identical duration unless the European Parliament or the Council opposes such an extension not later than three months before the end of each period.
Amendment 210 #
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 period of timefive years from the entry into force of this Regulation.
Amendment 216 #
Proposal for a regulation
Annex I – paragraph 1 – point 3 – point f
Annex I – paragraph 1 – point 3 – point f
(f) any other natural carbohydrate substances or agricultural raw materials having a similar effect to the products referred to in points (a) to (e).
Amendment 218 #
Proposal for a regulation
Annex I – paragraph 1 – point 3 – point f
Annex I – paragraph 1 – point 3 – point f
(f) any other natural carbohydrate substancessubstances of agricultural origin having a similar effect to the products referred to in points (a) to (e).