BETA

Activities of Emma McCLARKIN related to 2016/0392(COD)

Shadow opinions (1)

2016/11/22
Committee: INTA
Dossiers: 2016/0392(COD)
Documents: PDF(534 KB) DOC(140 KB)

Amendments (17)

Proposal for a regulation
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.

2017/07/14
Committee: INTA

Proposal for a regulation
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.12Furthermore, in order to tackle counterfeiting in spirit drinks, the protection of EU geographical indications should be extended to goods in transit through the EU customs territory, regardless of the final destination market. _________________ 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).

2017/07/14
Committee: INTA

Proposal for a regulation
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 registered 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~~similar procedures used 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, a transparent and easily accessible electronic register of geographical indications should be established, provided it has the same legal value as Annex III of Regulation (EC) No 110/2008..

2017/07/14
Committee: INTA

Proposal for a regulation
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.

2017/07/14
Committee: INTA

Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 2 – point b

(b) by any terms ~~indica~~permitted inby the relevant product specification.

2017/07/14
Committee: INTA

Proposal for a regulation
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 of this Regulation may be supplemented in a language other than an official language of the Union when it is a legal requirement of the importing country.However, the particulars provided in the language of the importing country shall not replace the Union official language version.

2017/07/14
Committee: INTA

Proposal for a regulation
Article 16 – paragraph 3

3. In exceptional cases where the law of the importing third country so requires, the Commission shall be empowered to adopt delegated acts in accordance with Article 43 concerning derogations from the provisions on presentation and labelling contained in this Chapter.deleted

2017/07/14
Committee: INTA

Proposal for a regulation
Article 18 a (new)

Article 18 a The protection of geographical indications referred to in paragraph 2 of Article 18 shall be extended to goods brought, in the course of trade, into the Union without being released for free circulation, where such goods, including packaging, come from third countries.

2017/07/14
Committee: INTA

Proposal for a regulation
Article 22

1. A Member State may, on a transitional basis only, grant protection to a name under this Regulation at national level, with effect from the date on which an application is lodged with the Commission. 2. Such national protection shall cease on the date on which either a decision on registration under this Regulation is taken or the application is withdrawn. 3. Where a name is not registered under this Chapter, the consequences of such national protection shall be the sole responsibility of the Member State concerned. 4. The measures taken by Member States under paragraph 1 shall produce effects at national level only, and they shall have no effect on intra-Union or international trade.Article 22 deleted Transitional national protection

2017/07/14
Committee: INTA

Proposal for a regulation
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 12six months. Where this period is exceeded, the Commission shall indicate in writing to the applicant the reasons for the delay.

2017/07/14
Committee: INTA

Proposal for a regulation
Article 28 – paragraph 2 – subparagraph 2

However, where the amendment applications involve one or more amendments to the product specification that relate to the essential characteristics of the product, alter the link referred to in point (f) of Article 19, include a change to the name, or to any part of the name of the spirit drink, affect the defined geographical area or represent an increase in restrictions on trade in the product or its raw materials, the Member State shall submit the amendment application to the Commission for approval and the application shall follow the procedure laid down in Articles 21 ~~to 27~~and 23 to 27. As regards third countries, the amendment shall be approved according to the system in place in those third countries.

2017/07/14
Committee: INTA

Proposal for a regulation
Article 28 – paragraph 3

3. The scrutiny of the application shall focus solely on the proposed amendment.

2017/07/14
Committee: INTA

Proposal for a regulation
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’). The electronic register shall have the same legal value as Annex III of Regulation (EC) No 110/2008.

2017/07/14
Committee: INTA

Proposal for a regulation
Article 38 – paragraph 1

1. In order to take account of the specificities of the production in the demarcated geographical area, the Commission shall be empowered to adopt delegated acts in accordance with Article 43 concerning: (a) the additional criteria for the demarcation of the geographical area; and (b) the restrictions and derogations related to the production in the demarcated geographical area.deleted

2017/07/14
Committee: INTA

Proposal for a regulation
Article 38 – paragraph 1 – point a

~~(a) the additional criteria for the demarcation of the geographical area; an~~deleted

2017/07/14
Committee: INTA

Proposal for a regulation
Article 38 – paragraph 1 – point b

~~(b) the restrictions and derogations related to the production in the demarcated geographical area.~~deleted

2017/07/14
Committee: INTA

Proposal for a regulation
Article 38 – paragraph 2

~~2. In order to ensure product quality and traceability, the Commission may, by means of~~ delegated acts adopted in accordance with Article 43, provide for the conditions under which the product specification may include information concerning packaging as referred to in point (e) of Article 19 or any specific labelling rule as referred to in point (h) of Article 19.

2017/07/14
Committee: INTA