Next event: Decision by Parliament, 1st reading 2024/02/28 more...
- Debate in Parliament 2024/02/27
- Approval in committee of the text agreed at 1st reading interinstitutional negotiations 2023/12/11
- Coreper letter confirming interinstitutional agreement 2023/12/04
- Results of vote in Parliament 2023/06/01
- Decision by Parliament, 1st reading 2023/06/01
- Matter referred back to the committee responsible 2023/06/01
- Debate in Parliament 2023/05/31
- Committee report tabled for plenary, 1st reading/single reading 2023/05/03
- Committee report tabled for plenary, 1st reading 2023/05/03
- Vote in committee, 1st reading 2023/04/20
- Committee opinion 2023/01/31
- Committee opinion 2023/01/30
- Committee of the Regions: opinion 2022/11/30
- Amendments tabled in committee 2022/11/28
- Amendments tabled in committee 2022/11/28
- Amendments tabled in committee 2022/11/28
Progress: Awaiting Council's 1st reading position
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | AGRI | DE CASTRO Paolo ( S&D) | AMARO Álvaro ( EPP), SANDER Anne ( EPP), TOLLERET Irène ( Renew), GRUFFAT Claude ( Verts/ALE), LIZZI Elena ( ID), AGUILAR Mazaly ( ECR), RODRÍGUEZ PALOP Eugenia ( GUE/NGL) |
Committee Opinion | INTA | LANCINI Danilo Oscar ( ID) | Arnaud DANJEAN ( PPE), Jordi CAÑAS ( RE), Emmanouil FRAGKOS ( ECR), Marek BELKA ( S&D), Manuela RIPA ( Verts/ALE) |
Committee Opinion | ENVI | ||
Committee Opinion | IMCO | ||
Committee Opinion | JURI | VÁZQUEZ LÁZARA Adrián ( Renew) | Raffaele STANCANELLI ( ECR) |
Lead committee dossier:
Legal Basis:
RoP 57, TFEU 043-p2, TFEU 118-p1
Legal Basis:
RoP 57, TFEU 043-p2, TFEU 118-p1Subjects
- 2.10.03 Standardisation, EC/EU standards and trade mark, certification, compliance
- 3.10.03 Marketing and trade of agricultural products and livestock
- 3.10.06.08 Wine, alcoholic and non-alcoholic beverages
- 3.10.10 Foodstuffs, foodstuffs legislation
- 4.60.02 Consumer information, advertising, labelling
Events
The European Parliament adopted by 520 votes to 19, with 64 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council on European Union geographical indications for wine, spirit drinks and agricultural products, and quality schemes for agricultural products, amending Regulations (EU) No 1308/2013, (EU) 2017/1001 and (EU) 2019/787 and repealing Regulation (EU) No 1151/2012.
The European Parliament's position adopted at first reading under the ordinary legislative procedure amends the Commission's proposal as follows:
Subject matter
This Regulation lays down the rules on the following quality schemes:
(a) protected designations of origin and protected geographical indications for wine, protected designations of origin and protected geographical indications for agricultural products, including foodstuffs, as referred to in Article 5(1), point (c), and geographical indications for spirit drinks;
(b) traditional specialities guaranteed and optional quality terms, as set out in Title III, Chapters 2 and 3 respectively, for agricultural products, including foodstuffs.
Unitary and exhaustive system of geographical indications
The system should:
- ensure that producers acting collectively have the necessary powers and responsibilities to manage the geographical indication concerned, including in order to respond to societal demands, such as for animal health and welfare, for products resulting from sustainable production in its three dimensions of economic, environmental and social value, and to operate and be competitive in the market;
- contribute to fair competition and generate added value with the aim of sharing that added value across the marketing chain, in order to ensure a fair return for producers and a capacity to invest in the quality, reputation and sustainability of their products, as well as contributing to the achievement of rural development policy objectives by providing support to agricultural and processing activities, preserving know-how and promoting specific quality products due to the geographical area where they are produced;
- ensure that consumers receive reliable information and necessary guarantee of the origin, authenticity, quality, reputation and other characteristics linked to the geographical origin or the geographical environment of such products and can readily identify them in the marketplace including in electronic commerce;
- ensure the efficient and user-friendly registration of geographical indications taking into account the appropriate protection of intellectual property rights;
- ensure effective controls , enforcement and place on the market throughout the Union, including in electronic commerce, thereby ensuring the integrity of the internal market; and
- contribute to the effective protection of intellectual property rights related to such products in third country markets.
Protection of geographical indications online
Geographical indications should be better protected online. The Regulation pays particular attention to enforcing the protection of geographical indications against domain names that infringe this protection. Competent national authorities should have the tools to react to an infringement of the protection of a geographical indication by a registered domain name.
Consequently, in the exercise of their official control tasks, these authorities will be able to take measures to disable access from the territory of the Member State concerned to domain names registered in violation of the protection of geographical indications. An information and alert system for domain names will be set up by the EU Intellectual Property Office (EUIPO).
Use of geographical indications designating a product used as an ingredient in the name of a processed product
The amended text stipulates that the geographical indication designating a product used as an ingredient in a processed product may be used in the name of that processed product, or in its labelling, or in its advertising material where: (a) the processed product does not contain any other product comparable to the ingredient designated by the geographical indication; (b) the ingredient designated by the geographical indication is used in sufficient quantities to confer an essential characteristic on the processed product concerned; and (c) the percentage of the ingredient designated by the geographical indication in the processed product is indicated in the label.
A recognised producer group should be notified by the producers of the processed product and may issue recommendations on the correct use of the GI.
More rights for GI producers
GI producers should prevent or counter any measures or commercial practices that are detrimental to the image and value of their products, including devaluing marketing practices.
Where agricultural products are designated by a geographical indication, an indication of the name of the producer or operator must appear on the labelling in the same visual field as the geographical indication . The same will apply in the case of spirit drinks designated by a geographical indication. The name of the operator is understood to be the name of the operator responsible for the production stage at the end of which the product covered by the geographical indication is obtained, or responsible for the substantial transformation of this product.
A producer group may take appropriate action to ensure the protection of the geographical indication and the intellectual property rights directly linked to it, including taking legal action and making applications to the customs authorities, and preventing or countering any measure or commercial practice which damages or is likely to damage the reputation or value of the geographical indication concerned.
Sustainability
A producer group, or a recognised producer group where such a group exists, may agree on sustainable practices to be adhered to in the production of the product designated by a geographical indication or in carrying out other activities subject to one or more obligations provided for in the product specification. Such practices should aim to apply sustainability standards higher than those laid down by Union or national law in terms of environmental, social or economic sustainability or animal welfare.
A producer group, or a recognised producer group where such a group exists, may prepare and regularly update a sustainability report based on verifiable information, comprising a description of existing sustainable practices implemented in the production of the product.
Application for registration
An application for registration of a geographical indication at Union stage should be submitted to the Commission electronically, through a digital system. The Commission should examine applications for registration. The examination should not exceed a period of six months from the day of the reception of the application.
The EUIPO should maintain and keep the Union register up-to-date with respect to registrations, amendments and cancellations of geographical indications.
Specific rules on sourcing of feed and of raw materials, and on slaughtering
In respect of a product of animal origin, the name of which is registered as a designation of origin, feed should be sourced entirely from within the defined geographical area. Insofar as sourcing entirely from within the defined geographical area is not practicable, feed sourced from outside that area may be added, provided that the product quality or characteristics essentially due to the geographical environment are not affected. The amount of feed sourced from outside the defined geographical area should not exceed 50 % of dry matter on an annual basis.
The European Parliament adopted, by 603 votes to 18 with 8 abstentions, amendments to the proposal for a regulation of the European Parliament and of the Council on European Union geographical indications for wine, spirit drinks and agricultural products, and quality schemes for agricultural products, amending Regulations (EU) No 1308/2013, (EU) 2017/1001 and (EU) 2019/787 and repealing Regulation (EU) No 1151/2012.
The matter has been referred to the committee responsible for interinstitutional negotiations.
The regulation would lay down rules governing the following quality schemes: (a) protected designations of origin (PDOs) and protected geographical indications (PGIs) for wines, agricultural products and foodstuffs and geographical indications for spirit drinks; (b) traditional specialities guaranteed (TSGs).
Members stressed that high-quality products represent one of the biggest assets the Union has, both for its economy and cultural identity. Those products are the strongest representation of the “made in the EU” brand, recognisable throughout the whole world, which generate growth and preserve our heritage. Wines, spirit drinks and agricultural products are European assets that need to be further strengthened and protected.
Citizens and consumers have the right to expect any geographical indication and quality system to be backed up by a solid verification and control system, whether the product comes from the EU or a third country.
Geographical indications
The unitary and exclusive system of geographical indications, protecting the names of wines, spirit drinks and agricultural products which have characteristics, attributes or a reputation linked to their place of production, should: (a) help producers to obtain a fair return for the quality of their products; (b) contribute to the achievement of the objectives of rural development policy by supporting farming and processing activities and farming systems associated with high-quality products.
The system should:
- ensure that consumers receive reliable information and a guarantee of authenticity and traceability of the quality, reputation and other characteristics linked to the place of production of these products and can easily identify them on the market, including in the domain name system and in e-commerce;
- guarantee the simple, efficient and user-friendly registration of geographical indications, taking into account the uniform, appropriate and effective protection of intellectual property rights in the internal market, including the Union's digital markets;
- ensuring effective controls, enforcement, use and marketing throughout the EU, as well as in the domain name system and in e-commerce;
- preserving know-how and promoting and supporting local and regional products;
- ensure effective protection of the intellectual property rights of producers of these products on third-country markets.
According to Members, geographical indications should be better protected online .
Top level domain name registries and other domain name registries operating in the EU should revoke or transfer a domain name registered under that domain to the recognised producer group designated by the geographical indication concerned or to the competent authority of the Member State from which the geographical indication in question originates, if that domain name has been registered by its holder without any rights or legitimate interest in the geographical indication.
In particular, a producer group should be able to pursue legal action, including civil and criminal action, to ensure the offline and online protection of the geographical indication and the intellectual property rights directly related to it, including websites, domain names and e-commerce, and to claim damages.
The EUIPO should be empowered, under the delegated acts, to establish and manage an alert system monitoring registration of domain names in the Union which could conflict with the names included in the Union register of geographical indications.
Processed products
Parliament is calling for better protection of GIs in processed products. Processed products containing a GI ingredient should not be allowed to be named after the GI unless authorised to do so by the GI producers.
Commission scrutiny of registration applications
The examination period should not last more than five months from the date of submission of the application for registration. In duly justified cases, the scrutiny procedure could be extended by a maximum of three months. National authorities should handle most requests for changes to existing GI registrations without the Commission having to check them again.
The Commission should remain responsible for registration, amendment and cancellation procedures, due to a strong relationship with the Common Agricultural Policy and the expertise needed to ensure that the specificities of wines, spirit drinks and agricultural products are adequately assessed.
Producer groups
Producer groups should be given the means to better identify and market the specific characteristics of their products, as well as adequate resources to exercise their powers and responsibilities. Member States should be able to ensure that the contribution to the costs of exercising the powers and responsibilities of the recognised producer group is compulsory for all producers of products covered by the geographical indication concerned. A producer group could be set up on the initiative of interested producer groups.
Sustainability undertaking
To enable the adoption of sustainability commitments, producers should receive financial support, through pre-determined, specific and easily accessible funding, and should be properly informed of the opportunities arising from the adoption of sustainability commitments.
These commitments should contribute to one or more social, environmental or economic objectives, including:
- climate change mitigation and adaptation, including energy efficiency and decrease water consumption;
- preservation and sustainable use of soil, landscapes and natural resources;
- preservation of biodiversity and plants varieties, and transition to a circular economy;
- reduction of the use of pesticides, greenhouse gas (GHG) emissions and the use of antimicrobials;
- improving animal health and welfare;
- attracting and sustaining young producers of products benefiting from a protected designation of origin or a protected geographical indication;
- contributing to the valorisation of rural areas as well as cultural and gastronomic heritage.
Recognition of the European system
All EU geographical indications should be protected under bilateral and multilateral trade and other international agreements through the recognition of the European system as such. In this respect, the EU should make major commercial and diplomatic efforts to ensure the protection of traditional practices that bring together historical, cultural and gastronomic heritage while ensuring sustainable production.
PURPOSE: to revise the system of geographical indications (GIs) for wines, spirit drinks and agricultural products with a view to facilitating the adoption of GIs throughout the Union as intellectual property instruments accessible to all farmers and producers of products, linked by characteristics or reputation, and to their place of production.
PROPOSED ACT: Regulation of the European Parliament and of the Council.
ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.
BACKGROUND: Geographical indications (GIs) identify products that have qualities, characteristics or a reputation due to natural and human factors linked to their place of origin. They constitute an intellectual property right (IPR) designed to promote fair competition between producers by preventing bad faith uses of a name and fraudulent and deceptive practices. Today, the EU register of geographical indications contains almost 3 500 names of wines, spirit drinks, agricultural products and foodstuffs.
An evaluation published in December 2021 showed that the existing framework is effective and provides clear EU added value. However, it highlighted certain limitations , such as the low level of consumer awareness and understanding of GIs in some Member States, as well as the low level of enforcement of the legislation. It also pointed out that environmental sustainability and animal welfare could be taken into account more. Furthermore, the length and complexity of the registration and amendment procedures, both at national and EU level, are seen as the main nuisance for producers and source of administrative burden.
Therefore, the proposal meets the following general objectives: (i) to ensure effective IPR protection in the Union, including efficient registration processes, in order to reward producers fairly for their efforts; (ii) to increase the use of GIs throughout the Union for the benefit of the rural economy.
CONTENT: the proposal for the revision of the GI system consists of a set of rules designed to put in place a coherent system for GIs aimed at assisting producers to better communicate the qualities, characteristics and attributes of their GI products, and at ensuring appropriate consumer information. Moreover, the proposal clarifies and improves the traditional speciality guarantee (TSG) scheme while it makes no changes to the scheme for optional quality terms.
The proposal has the following specific objectives:
(1) improve the enforcement of GI rules to better protect IPR and better protect GIs on the internet , including against bad faith registrations and fraudulent and deceptive practices, and uses in the domain name system, and combat counterfeiting;
(2) streamline and clarify the legal framework to simplify and harmonise the procedures for application for registration of new names and amendments to product specifications. The different technical and procedural rules for geographical indications would be merged, resulting in a single simplified GI registration procedure for EU and third country applicants;
(3) contribute to making the Union food system more sustainable by integrating specific sustainability criteria. As a direct follow-up to the Farm to Table strategy, producers could highlight their actions in the field of social, environmental or economic sustainability in their specifications by setting the corresponding requirements;
(4) empower producers and producer groups to better manage their GI assets and encourage the development of structures and partnerships within the food supply chain. Member States should recognise GI producer groups at their request. Recognised groups would be empowered to manage, enforce and develop their GI, including access to anti-counterfeiting authorities and customs services in all Member States;
(5) increase correct market perception and consumer awareness of the GI policy and Union symbols to enable consumers to make informed purchasing choices. It is foreseen to make the use of EU symbols or indications on the packaging of products with a geographical indication obligatory in order to increase consumer awareness of this category of products and the related guarantees, and to facilitate the identification of these products on the market, thus facilitating controls;
(6) safeguard the protection of traditional food names to better valorise and preserve traditional products and production methods.
As regards the reduction of administrative burden, the proposal provides for technical assistance in the registration procedure by an existing EU agency and full exploitation of digital tools. The European Union Intellectual Property Office (EUIPO) will provide technical support in the monitoring process to help speed up procedures.
The new domain name information and alert system to be established by EUIPO will provide GI applicants with an additional digital tool as part of the application process to better protect and enforce their GI rights.
Documents
- Decision by Parliament, 1st reading: T9-0101/2024
- Debate in Parliament: Debate in Parliament
- Approval in committee of the text agreed at 1st reading interinstitutional negotiations: GEDA/A/(2023)012101
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2023)012101
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament, 1st reading: T9-0210/2023
- Debate in Parliament: Debate in Parliament
- Committee report tabled for plenary, 1st reading/single reading: A9-0173/2023
- Committee report tabled for plenary, 1st reading: A9-0173/2023
- Committee opinion: PE736.693
- Committee opinion: PE731.609
- Committee of the Regions: opinion: CDR3736/2022
- Amendments tabled in committee: PE737.394
- Amendments tabled in committee: PE738.756
- Amendments tabled in committee: PE739.502
- Committee draft report: PE736.493
- Contribution: COM(2022)0134
- Document attached to the procedure: OJ C 454 30.11.2022, p. 0112
- Document attached to the procedure: N9-0089/2022
- Economic and Social Committee: opinion, report: CES6620/2021
- Document attached to the procedure: SEC(2022)0197
- Document attached to the procedure: SWD(2022)0135
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2022)0136
- Legislative proposal published: COM(2022)0134
- Document attached to the procedure: SEC(2022)0197
- Document attached to the procedure: SWD(2022)0135
- Document attached to the procedure: EUR-Lex SWD(2022)0136
- Economic and Social Committee: opinion, report: CES6620/2021
- Document attached to the procedure: OJ C 454 30.11.2022, p. 0112 N9-0089/2022
- Committee draft report: PE736.493
- Amendments tabled in committee: PE737.394
- Amendments tabled in committee: PE738.756
- Amendments tabled in committee: PE739.502
- Committee of the Regions: opinion: CDR3736/2022
- Committee opinion: PE731.609
- Committee opinion: PE736.693
- Committee report tabled for plenary, 1st reading/single reading: A9-0173/2023
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2023)012101
- Contribution: COM(2022)0134
Activities
- Clara AGUILERA
Plenary Speeches (0)
- Sergio BERLATO
Plenary Speeches (0)
- Franc BOGOVIČ
Plenary Speeches (0)
- Daniel BUDA
Plenary Speeches (0)
- Fabio Massimo CASTALDO
Plenary Speeches (0)
- Paolo DE CASTRO
Plenary Speeches (0)
- Herbert DORFMANN
Plenary Speeches (0)
- Angel DZHAMBAZKI
Plenary Speeches (0)
- Maria GRAPINI
Plenary Speeches (0)
- Danilo Oscar LANCINI
Plenary Speeches (0)
- Gilles LEBRETON
Plenary Speeches (0)
- Emmanuel MAUREL
Plenary Speeches (0)
- Gabriel MATO
Plenary Speeches (0)
- Tonino PICULA
Plenary Speeches (0)
- Jiří POSPÍŠIL
Plenary Speeches (0)
- Anne SANDER
Plenary Speeches (0)
- Michaela ŠOJDROVÁ
Plenary Speeches (0)
- Marc TARABELLA
Plenary Speeches (0)
- Valter FLEGO
Plenary Speeches (0)
- Juozas OLEKAS
Plenary Speeches (0)
- Sandra PEREIRA
Plenary Speeches (0)
- Dino GIARRUSSO
Plenary Speeches (0)
- Nicola PROCACCINI
Plenary Speeches (0)
- Eugenia RODRÍGUEZ PALOP
Plenary Speeches (0)
- Irène TOLLERET
Plenary Speeches (0)
- Marie-Pierre VEDRENNE
Plenary Speeches (0)
- Ibán GARCÍA DEL BLANCO
Plenary Speeches (0)
- Billy KELLEHER
Plenary Speeches (0)
- César LUENA
Plenary Speeches (0)
- Martin HOJSÍK
Plenary Speeches (0)
- Christine SCHNEIDER
Plenary Speeches (0)
- Mazaly AGUILAR
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- Cristina MAESTRE MARTÍN DE ALMAGRO
Plenary Speeches (0)
- Rosanna CONTE
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- Silvia SARDONE
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- Tomislav SOKOL
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- Álvaro AMARO
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- Aurélia BEIGNEUX
Plenary Speeches (0)
- Nicola BEER
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- Krzysztof JURGIEL
Plenary Speeches (0)
- Angelika WINZIG
Plenary Speeches (0)
- Maxette PIRBAKAS
Plenary Speeches (0)
- Isabel CARVALHAIS
Plenary Speeches (0)
- Elena LIZZI
Plenary Speeches (0)
- Adrián VÁZQUEZ LÁZARA
Plenary Speeches (0)
- Jean-Lin LACAPELLE
Plenary Speeches (0)
- Salvatore DE MEO
Plenary Speeches (0)
- Claude GRUFFAT
Plenary Speeches (0)
- Manuela RIPA
Plenary Speeches (0)
- Ladislav ILČIĆ
Plenary Speeches (0)
- Achille VARIATI
Plenary Speeches (0)
- Rafał ROMANOWSKI
Plenary Speeches (0)
Amendments | Dossier |
183 |
2022/0089(COD)
2022/11/16
INTA
183 amendments...
Amendment 10 #
Proposal for a regulation Recital 9 (9) Ensuring uniform recognition and protection throughout the Union for the intellectual property rights related to names protected in the Union is a priority that can be effectively achieved only at Union level. Geographical indications protecting the names of wines, spirit drinks and agricultural products having characteristics, attributes or reputation linked to their place of production are an exclusive Union’s competence. A unitary and exclusive system of geographical indications therefore needs to be provided. Geographical indications are a collective right held by all eligible producers in a designated area willing to adhere to a product specification. Producers acting collectively have more powers than
Amendment 100 #
Proposal for a regulation Article 17 – paragraph 5 Amendment 101 #
Proposal for a regulation Article 17 – paragraph 5 Amendment 102 #
Proposal for a regulation Article 18 – paragraph 2 – point b (b) requests the Commission to suspend the scrutiny because
Amendment 103 #
Proposal for a regulation Article 18 – paragraph 3 3. The exemption shall have effect until the Commission is informed by the Member State or, where applicable, the region that the original application has been restored or that the Member State or the region withdraws its request for suspension.
Amendment 104 #
Proposal for a regulation Article 19 – paragraph 1 1. Within 3 months from the date of publication in the Official Journal of the European Union of the single document and the reference to the product specification pursuant to Article 17(4), the authorities of a Member State or where applicable a region, or of a third country, or a natural or legal person having a legitimate interest, established or resident in a third country, may lodge an opposition or a notice of comment with the Commission.
Amendment 105 #
Proposal for a regulation Article 19 – paragraph 6 6. Within 1 month from the end of the consultations referred to in paragraph (4), the applicant producer group established in the third country or the authorities of the Member State or, where applicable, the region, or of the third country from which the Union application for registration was lodged shall notify the Commission of the result of the consultations, including all the information exchanged, whether agreement was reached with one or all of the opponents, and of any consequent changes to the application for registration. The authority or person that lodged an opposition to the Commission may also notify the Commission of its position at the end of
Amendment 106 #
Proposal for a regulation Article 19 – paragraph 10 10. The Commission shall be empowered to adopt delegated acts, in accordance with Article 84 supplementing this Regulation by detailed procedures and deadlines for the opposition procedure, for the official submission of comments by national authorities and persons with a legitimate interest, which will not trigger the opposition procedure
Amendment 107 #
Proposal for a regulation Article 19 – paragraph 10 10. The Commission shall be empowered to adopt delegated acts, in accordance with Article 84 supplementing this Regulation by detailed procedures and deadlines for the opposition procedure, for the official submission of comments by national authorities and persons with a legitimate interest, which will not trigger the opposition procedure
Amendment 108 #
Proposal for a regulation Article 19 – paragraph 10 10. The Commission shall be empowered to adopt delegated acts, in accordance with Article 84 supplementing this Regulation by detailed procedures and deadlines for the opposition procedure, for the official submission of comments by
Amendment 109 #
Proposal for a regulation Article 19 – paragraph 11 Amendment 11 #
Proposal for a regulation Recital 9 (9) Ensuring uniform recognition and protection throughout the Union for the intellectual property rights related to names protected in the Union is a priority that can be effectively achieved only at Union level. Geographical indications protecting the names of wines, spirit drinks and agricultural products having characteristics, attributes or reputation linked to their place of production are an exclusive Union’s competence. A unitary and exclusive system of geographical indications therefore needs to be provided. Geographical indications are a collective right held by all eligible producers in a designated area willing to adhere to a product specification. Producers acting
Amendment 110 #
Proposal for a regulation Article 23 – paragraph 5 a (new) 5a. The Commission shall also make public the applicable criteria and steps to decide the list of geographical indications protected under international agreements, in order to allow all interested parties, including small-scale geographical indications and those under 5 years of existence, to request the corresponding inclusion in the relevant list for their protection.
Amendment 111 #
Proposal for a regulation Article 23 – paragraph 5 b (new) 5b. In the context of international trade agreements negotiations, the European Commission shall consult recognised producer groups with regard to the protection of their name.
Amendment 112 #
Proposal for a regulation Article 23 – paragraph 7 Amendment 113 #
Proposal for a regulation Article 25 – paragraph 10 Amendment 114 #
Proposal for a regulation Article 25 – paragraph 10 Amendment 115 #
Proposal for a regulation Article 26 – paragraph 6 Amendment 116 #
Proposal for a regulation Article 26 – paragraph 6 Amendment 117 #
Proposal for a regulation Article 27 – paragraph 1 – introductory part 1. Geographical indications entered in
Amendment 118 #
Proposal for a regulation Article 27 – paragraph 1 – point a (a) any direct or indirect commercial use of the geographical indication in respect of products not covered by the registration, where those products are comparable to the products registered under that name or where use of a name exploits, weakens, dilutes, or is detrimental to the reputation of, the protected name, including where those products are used as ingredients;
Amendment 119 #
Proposal for a regulation Article 27 – paragraph 1 – point a (a) any direct or indirect commercial use of the geographical indication in respect of products not covered by the registration, where those products are comparable to the products registered under that name or where use of a name exploits, weakens, dilutes, or is detrimental
Amendment 12 #
Proposal for a regulation Recital 9 a (new) (9a) Tourism should be regarded as an enabler of awareness of geographical indications. Tourism is one of Europe’s main industrial ecosystems, with four closely linked key vectors, namely transport, accommodation, experience and intermediation, and the success of the industry lies in the degree of influence between these four vectors. Geographical indications could play a key role to achieve the Union’s sustainable tourism objectives because the awareness of their existence, and therefore of the producers belonging to them, could help diversify and complement locations and destinations. In this sense, local craft activities, agro-tourism, rural tourism and ecotourism are an integral part of geographical indications’ awareness. Finally, the improved cooperation and coordination between stakeholders, greater involvement of local authorities in tourism and market research, professional communication and marketing strategies are necessary to boost the social, economic and environmental performance of both sustainable tourism and geographical indications.
Amendment 120 #
Proposal for a regulation Article 27 – paragraph 1 – point b (b) any misuse, imitation or evocation, even if the true origin of the products or services is indicated or if the protected name is translated, transcribed, transliterated or accompanied by an expression such as ‘style’, ‘type’, ‘method’, ‘as produced in’, ‘imitation’, ‘flavour’, ‘like’ or similar
Amendment 121 #
Proposal for a regulation Article 27 – paragraph 1 – point b (b) any misuse, imitation or evocation, even if the true origin of the products or services is indicated or if the protected name is translated, transcribed, transliterated or accompanied by an expression such as ‘style’, ‘type’, ‘method’, ‘as produced in’, ‘imitation’, ‘flavour’, ‘like’ or similar, including when those products are used as ingredients.
Amendment 122 #
Proposal for a regulation Article 27 – paragraph 1 – point c (c) any other false or misleading indication as to the provenance, origin, nature or essential qualities of the product that is used on the inner or outer packaging, advertising material, documents or information provided on websites or on domain names relating to the product concerned, and the packing of the product in a container liable to convey a false impression as to its origin;
Amendment 123 #
Proposal for a regulation Article 27 – paragraph 1 – point c (c) any other false or misleading indication as to the provenance, origin, nature or essential qualities of the product that is used on the inner or outer packaging, advertising material, documents or information provided on websites or on domain names relating to the product concerned, and the packing of the product in a container liable to convey a false impression as to its origin;
Amendment 124 #
Proposal for a regulation Article 27 – paragraph 2 Amendment 125 #
Proposal for a regulation Article 27 – paragraph 4 – point a (a) goods entering the customs territory of the Union without being released for free circulation within that territory;
Amendment 126 #
Proposal for a regulation Article 27 – paragraph 4 – point a a (new) (aa) goods produced in EU and destined to be exported and commercialised in third countries
Amendment 127 #
Proposal for a regulation Article 27 – paragraph 4 – point b a (new) (ba) goods produced in the Union and intended to be exported and marketed in third countries, in particular in the context of bilateral trade agreements;
Amendment 128 #
Proposal for a regulation Article 27 – paragraph 4 a (new) 4a. goods produced in the Union and destined to be exported and marketed in third countries; and
Amendment 129 #
Amendment 13 #
Proposal for a regulation Recital 9 a (new) (9a) A unitary and exclusive system of geographical indications should contribute significantly to increase awareness, recognition and consumer understanding, both in the Union and in third countries, of the symbols, indications and abbreviations demonstrating participation in the European quality schemes and their added value, complementing Regulation (EU) No 1144/2014 of the European Parliament and of the Council of 22 October 2014 on information provision and promotion measures concerning agricultural products implemented in the internal market and in third countries.
Amendment 130 #
Proposal for a regulation Article 27 – paragraph 7 a (new) 7a. 7 a. Each Member State shall take appropriate administrative and judicial steps to prevent or stop the unlawful use of protected designations of origin and protected geographical indications, as provided for in paragraph 1, that are produced or marketed in that Member State or imported from third countries. To that end, Member States shall designate the authorities that are responsible for taking those steps in accordance with procedures determined by each individual Member State. Those authorities shall provide adequate guarantees of objectivity and impartiality, and shall have at their disposal the qualified staff and resources necessary to carry out their functions.
Amendment 131 #
Proposal for a regulation Article 28 – paragraph 2 2. The geographical indication designating a product ingredient shall not be used in the food name of the related processed product, except in cases of an agreement with a producer group representing t
Amendment 132 #
Proposal for a regulation Article 32 – paragraph 1 1. A producer group shall be set up on the initiative of interested stakeholders, including farmers, farm suppliers, intermediate processors and final processors, as specified by the national authorities and according to the nature of the product concerned.
Amendment 133 #
Proposal for a regulation Article 32 – paragraph 1 1. A producer group shall be set up on the initiative of interested stakeholders, including farmers, farm suppliers, intermediate processors and final processors, as specified by the national authorities and according to the nature of the product concerned. Member States shall verify that
Amendment 134 #
Proposal for a regulation Article 32 – paragraph 2 – introductory part 2. A producer group may exercise in particular the following non-exhaustive powers and responsibilities:
Amendment 135 #
Proposal for a regulation Article 32 – paragraph 2 – point b (b) take legal action including, but not limited to a civil case or bringing the case before the courts, to ensure protection of the geographical indication and of the intellectual property rights that are directly connected with it; and claiming damages.
Amendment 136 #
Proposal for a regulation Article 32 – paragraph 2 – point b b) take legal action to ensure protection of the geographical indication and of the intellectual property rights that are directly connected with it, and claim damages;
Amendment 137 #
Proposal for a regulation Article 32 – paragraph 2 – point b (b) take legal action to ensure protection of the geographical indication and of the intellectual property rights that are directly connected with it, and claim damages;
Amendment 138 #
Proposal for a regulation Article 32 – paragraph 2 – point d – point iii a (new) (iiia) share good practices, lessons learned and expertise with other producer groups;
Amendment 139 #
Proposal for a regulation Article 32 – paragraph 2 – point e (e) combat counterfeiting and suspected fraudulent uses on the internal market, including the Union digital market, and in third markets of a geographical indication designating products that are not in compliance with the product specification, by monitoring the use of the geographical indication across the internal market and on third countries markets where the geographical indications are protected, including on the internet, and, as necessary, inform enforcement authorities using confidential systems available.
Amendment 14 #
(11) The Union has for some time been aiming at simplifying the regulatory framework of the Common Agricultural Policy. This approach should also apply to regulations in the field of geographical indications, without calling into question the specific characteristics of each sector. In order to simplify the lengthy registration and amendment procedures, harmonised procedural rules for geographical indications for wine, spirit drinks and agricultural products should be laid down in a single legal instrument, while maintaining product specific provisions for wine in Regulation (EU) No 1308/2013, for spirit drinks in Regulation (EU) 2019/787 and for agricultural products in this Regulation. The procedures for the registration, amendments to the product specification and cancellation of the registration in respect of geographical indications originating in the Union, including opposition procedures, should be carried out by the Member States and the Commission, taking into account the information coming from the producer groups and, where applicable, the regional and local entities that assist in the implementation and management of geographical indications.. The Member States and the Commission, or where applicable regions, should be responsible for distinct stages of each procedure. Member States should be responsible for the first stage of the procedure, which consists of receiving the application from the producer group, assessing it, including running a national opposition procedure, and, following the results of the assessment, submitting the application to the Commission. The Commission should be responsible for scrutinising the application in the second stage of the procedure, including running a worldwide opposition procedure, and taking a decision on granting the protection to the geographical indication or not. Geographical indications should be registered only at Union level. However, with effect from the date of application with the Commission for registration at Union level, Member States
Amendment 140 #
Proposal for a regulation Article 33 – paragraph 1 1. Upon a request of a producer group
Amendment 141 #
Proposal for a regulation Article 33 – paragraph 2 2. A producer group may be designated as recognised producer group
Amendment 142 #
Proposal for a regulation Article 33 – paragraph 2 a (new) 2a. 2a. Member States or, in accordance with an international agreement to which the Union is a contracting party, third countries may decide on the basis of objective and non- discriminatory criteria that producer groups already recognised at national level before … [the date of entry into force of this Regulation] are to be considered as recognised producer groups.
Amendment 143 #
Proposal for a regulation Article 33 – paragraph 3 – point c a (new) (ca) (ca) to liaise with the Commission in the context of negotiations on international agreements as regards the protection of the geographical indications;
Amendment 144 #
Proposal for a regulation Article 33 – paragraph 3 – point d a (new) Amendment 145 #
Proposal for a regulation Article 33 – paragraph 3 a (new) 3a. In the context of international trade agreements negotiations, the European Commission shall consult recognised producer groups with regards to the protection of their name
Amendment 146 #
Proposal for a regulation Article 33 – paragraph 4 Amendment 147 #
Proposal for a regulation Article 33 – paragraph 5 5. Member States or, in accordance with an international agreement to which the Union is a contracting party, third countries shall carry out checks in order to ensure that the conditions
Amendment 148 #
Proposal for a regulation Article 33 – paragraph 5 – subparagraph 1 (new) With regard to the geographical indications of Irish Whiskey/Uisce Beatha Éireannach/Irish Whisky, Irish Cream and Irish Poitín/Irish Poteen, the provisions of Articles 32 and 33 shall apply to their geographical areas referred to in the respective product specifications.
Amendment 149 #
Proposal for a regulation Article 33 – paragraph 5 a (new) 5a. Member States or, in accordance with an international agreement to which the Union is a contracting party, third countries shall inform the Commission by 31 March of each year, of every decision to grant, refuse or annul recognition taken during the previous calendar year.
Amendment 15 #
Proposal for a regulation Recital 11 (11) The Union has for some time been aiming at simplifying the regulatory framework of the Common Agricultural Policy. This approach should also apply to regulations in the field of geographical indications, without calling into question the specific characteristics of each sector. In order to simplify the lengthy registration and amendment procedures, harmonised procedural rules for geographical indications for wine, spirit drinks and agricultural products should be laid down in a single legal instrument, while maintaining product specific provisions for wine in Regulation (EU) No 1308/2013, for spirit drinks in Regulation (EU) 2019/787 and for agricultural products in this Regulation. The procedures for the
Amendment 150 #
Proposal for a regulation Article 33 a (new) Amendment 151 #
Proposal for a regulation Article 34 – paragraph 1 1.
Amendment 152 #
Proposal for a regulation Article 34 – paragraph 2 2.
Amendment 153 #
Proposal for a regulation Article 34 – paragraph 2 2.
Amendment 154 #
Proposal for a regulation Article 34 – paragraph 3 Amendment 155 #
Proposal for a regulation Article 34 – paragraph 3 3. The Commission shall be empowered to adopt delegated acts in accordance withArticle84 supplementing this Regulation by provisions entrusting EUIPO to establish and manage a domain name information and alert system that would provide the applicant, upon the submission of an application for a geographical indication, with information about the availability of the geographical indication as a domain name and, on optional basis, the registration of a domain name identical to their geographical indication.
Amendment 156 #
Proposal for a regulation Article 37 – paragraph 2 2. In the case of products originating in the Union that are marketed under a geographical indication, the Union symbol associated with it shall appear on the labelling and advertising material. The geographical indication and an indication of the name of the producer or vendor shall appear in the same field of vision as the Union symbol. The country of origin of a primary ingredient which is not the same as the given country of origin of the geographical indication shall be indicated with reference to Member States or third countries. The labelling requirements laid down in Article 13(1) of Regulation (EU) No 1169/2011 for the presentation of mandatory particulars shall apply to the geographical indication.
Amendment 157 #
Proposal for a regulation Article 37 – paragraph 2 2. In the case of products originating in the Union that are marketed under a
Amendment 158 #
Proposal for a regulation Article 37 – paragraph 5 – subparagraph 2 The abbreviations ‘PDO’ or ‘PGI’, corresponding to the indications ‘protected designation of origin’ or ‘protected geographical indication’,
Amendment 159 #
Proposal for a regulation Article 37 – paragraph 9 Amendment 16 #
Proposal for a regulation Recital 11 a (new) (11a) Quality is ensured in the Union through public policies associated with the production of public goods and its contribution to the transition towards a sustainable food system, with resilient cold and food chains. Therefore, quality should be ensured through a holistic and multidimensional approach, encompassing environmental, economic and social-cultural sustainability. Geographical indications are tools capable of contributing to the maintenance of Local Food Systems, diversification and specialisation of rural economies, safeguarding SMEs, the environmental protection of the rural landscape, preservation of biodiversity and the Natura 2000 network, among others.
Amendment 160 #
Proposal for a regulation Article 38 – paragraph 3 3. When performing the controls and enforcement activities provided for in this Title, the responsible competent authorities and product certification bodies in the EU Member States and third countries shall comply with the requirements laid down in Regulation (EU) 2017/625, or equivalent legal requirements in third countries. However, Title VI, Chapter 1, of Regulation (EU) 2017/625 shall not apply to controls of geographical indications.
Amendment 161 #
Proposal for a regulation Article 38 – paragraph 3 3. When performing the controls and enforcement activities provided for in this Title, the responsible competent authorities and product certification bodies in the EU Member States and third countries shall comply with the requirements laid down in Regulation (EU) 2017/625. However, Title VI, Chapter 1, of Regulation (EU) 2017/625 shall not apply to controls of geographical indications.
Amendment 162 #
Proposal for a regulation Article 39 – paragraph 3 a (new) 3a. Internal controls in paragraph 2 and third party verification in paragraph 3 will ensure compliance with current sanitary and phytosanitary rules and environmental, social and animal welfare standards.
Amendment 163 #
Proposal for a regulation Article 39 – paragraph 6 a (new) 6a. The authority that will verify the specifications and compliance standards in accordance with paragraphs 3, "3-4" and 6, must have knowledge in environmental matters, and specifically in the control of legality in the use of water.
Amendment 164 #
Proposal for a regulation Article 42 – paragraph 3 3. Member States shall take appropriate administrative and judicial
Amendment 165 #
Proposal for a regulation Article 42 – paragraph 3 3. Member States shall take appropriate administrative and judicial steps to prevent or stop the use of names of products or services, including domain names, that are produced, operated or marketed in their territory and that contravenes the protection of geographical indications provided for in Article 27 and Article 28.
Amendment 166 #
Proposal for a regulation Article 44 – paragraph 1 1. Member States shall assist each other for the purpose of carrying out the controls and enforcement provided for in this Chapter in accordance with Regulation (EU) 2017/625. Where applicable, regions with competences in management of geographical indications shall also assist each other for the purpose of better enforcement.
Amendment 167 #
Proposal for a regulation Article 44 – paragraph 4 4. In case of a possible violation of protection conferred to a geographical indication, Member States or, where applicable, regions, shall take measures to facilitate the transmission, from law enforcement authorities, public prosecutors and judicial authorities, to the competent authorities referred in Article 39(3) of information on such possible violation.
Amendment 168 #
Proposal for a regulation Article 46 – paragraph 1 Amendment 169 #
Proposal for a regulation Article 46 – paragraph 1 Amendment 17 #
Proposal for a regulation Recital 12 (12) To contribute to the transition to a sustainable food system and respond to societal demands for sustainable, environmentally and climate friendly, animal welfare ensuring, resource efficient, socially and ethically responsible production methods, producers of geographical indications should be encouraged to adhere to sustainability standards that are more stringent than the mandatory ones and go beyond good
Amendment 170 #
Proposal for a regulation Article 46 – paragraph 1 The Commission shall be empowered to adopt delegated acts in accordance with Article 84 supplementing this Regulation by rules on entrusting EUIPO with the scrutiny of third country geographical indications,
Amendment 171 #
Proposal for a regulation Article 46 – paragraph 1 a (new) All geographical indications and quality schemes originating in third countries should be backed-up by an equivalent level of verification of compliance and scrutiny to the level applicable to products originating in the EU, regardless of the specific process that has been followed to register or recognise them in the EU.
Amendment 172 #
Proposal for a regulation Article 46 – paragraph 1 b (new) Within the examination of geographical indications from third countries in paragraph 1, the compliance of these third countries with the environmental, health, social and animal welfare regulations contained in the European standards must be demonstrated.
Amendment 173 #
Proposal for a regulation Article 46 – paragraph 1 c (new) The Commission will approve equivalences of third countries with EU Member States once the requirements of paragraph 2 have been met.
Amendment 174 #
Proposal for a regulation Article 47 – paragraph 1 – introductory part 1. Where the Commission exercises any of the empowerments provided for in this Regulation to entrust tasks to EUIPO, it shall also be empowered to adopt delegated acts in accordance with Article 84 to supplement this Regulation by criteria for monitoring performance in the execution of such tasks. Such criteria
Amendment 175 #
Proposal for a regulation Article 47 – paragraph 1 – point e (e) user satisfaction, from both within the EU and third countries.
Amendment 176 #
Proposal for a regulation Article 47 – paragraph 1 – point e (e) user satisfaction, from both within and outside the EU.
Amendment 177 #
Proposal for a regulation Article 47 – paragraph 2 2. No later than
Amendment 178 #
Proposal for a regulation Article 47 – paragraph 2 2. No later than
Amendment 179 #
Proposal for a regulation Article 51 – paragraph 1 – point g g) any specific
Amendment 18 #
Proposal for a regulation Recital 12 (12) To contribute to the transition to a sustainable food system and respond to societal demands for sustainable, environmentally and climate friendly, animal welfare ensuring, resource efficient, socially and ethically responsible production methods, producers of geographical indications should be encouraged to adhere to sustainability standards, including animal welfare, biodiversity protection and fair working conditions, that are more stringent than the mandatory ones and go beyond good practice. Such specific requirements
Amendment 180 #
Proposal for a regulation Article 51 – paragraph 2 2. The product specification may also include sustainability undertakings, including animal welfare, biodiversity protection and decent work conditions.
Amendment 181 #
Proposal for a regulation Article 51 – paragraph 2 2. The product specification
Amendment 182 #
Proposal for a regulation Article 52 – paragraph 1 – point a a) the main points of the product specification, namely: the name, a description of the product, including, where appropriate, specific rules concerning packaging
Amendment 183 #
Proposal for a regulation Article 67 – paragraph 3 Amendment 184 #
Proposal for a regulation Article 73 – paragraph 10 10. The Commission shall be empowered to adopt delegated acts in accordance with Article 84 supplementing this Regulation by additional rules to provide for appropriate certification and accreditation procedures to apply in respect of product certification bodies referred to in paragraphs 2, 5 and
Amendment 185 #
Proposal for a regulation Article 73 – paragraph 10 10. The Commission shall be empowered to adopt delegated acts in accordance with Article 84 supplementing this Regulation by additional rules to provide for appropriate
Amendment 186 #
Proposal for a regulation Article 84 – paragraph 2 2. The power to adopt delegated acts referred to in Article 1
Amendment 187 #
Proposal for a regulation Article 84 – paragraph 2 2. The power to adopt delegated acts referred to in Article 12(4), Article 14(2), Article 15(6), Article 17(5), Article 19(10), Article 23(7), Article 25(10), Article 26(6), Article 28(3), Article 29(3), Article 34(3), Article 46(1), Article 46, Article 47(1), Article 48(6), Article 48(7), Article 49(4), Article 51(3), Article 55(5), Article 56(2), Article 73(10), Article 69(4), Article 70(2), Article 58(3), Article 62(10), Article 67(3), Article 68(6), Article 73(10), Article 76(4), Article 77(1), Article 78(3), Article 78(4), shall be conferred on the Commission for a period of 7 years from [date of entry into force of this Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than 9 months before the end of the seven-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than 3 months before the end of each period.
Amendment 19 #
Proposal for a regulation Recital 15 (15) To ensure transparency and uniformity across Member States, it is necessary to establish and maintain an electronic Union register of geographical indications, registered as protected designations of origin or protected geographical indications. The register should provide information to consumers and to those involved in trade. The register should be an electronic database stored within an information system, and should be accessible to the public. This register should enable easy access to the product specifications behind each geographical indication and quality schemes, regardless of whether they are from the EU or third- countries, including those recognised via trade agreements or via the mechanism foreseen in the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications1a. Any EU consumer should likewise be able to access the product specifications of all recognised geographical indications and quality schemes in the EU, including those recognised via a trade agreement or via the multilateral recognition system by the Geneva Act. _________________ 1a https://www.wipo.int/publications/en/detai ls.jsp?id=3983
Amendment 20 #
Proposal for a regulation Recital 15 (15) To ensure transparency and uniformity across Member States, it is necessary to establish and maintain an electronic Union register of geographical indications, registered as protected designations of origin or protected geographical indications. The periodically updated register should provide uniform information to consumers and to those involved in trade on all types of geographical indications entered into the register pursuant to their registration in the member state, by third country application, as a result of a concluded international trade agreement or upon international registration derived from the Geneva Act of the Lisbon Treaty system. The register should be an electronic database stored within an information system, and should be accessible to the public.
Amendment 21 #
Proposal for a regulation Recital 15 (15) To ensure transparency and uniformity across Member States, it is necessary to establish and maintain an electronic Union register of geographical
Amendment 22 #
Proposal for a regulation Recital 15 (15) To ensure transparency and uniformity across Member States, it is necessary to establish and maintain an electronic Union register of geographical indications, registered as protected designations of origin or protected geographical indications. The register should provide information to consumers and to those involved in trade. The register should be an electronic database stored within an information system, and should be accessible to the public and accessible in all the official languages of the Member States..
Amendment 23 #
Proposal for a regulation Recital 16 (16) The Union negotiates international agreements, including those concerning the protection of designations of origin and geographical indications, with its trade partners. In order to facilitate the provision to the public of information about the names protected by those international agreements, and in particular to ensure protection and control of the use to which those names are put, those names may be entered in the Union register of geographical indications. Unless specifically identified as designations of origin in such international agreements, the names should be entered in the register as protected geographical indications. When a new international trade agreement is signed by the Commission, producer groups should be duly notified by the closest administration. In case a geographical indication has not been included, the Commission, together with the national, regional or local administration, should establish mechanisms to secure the intellectual property of that geographical indication or producer group in the partner country.
Amendment 24 #
Proposal for a regulation Recital 16 (16) The Union negotiates international agreements, including those concerning the protection of designations of origin and
Amendment 25 #
Proposal for a regulation Recital 16 a (new) (16a) In the scope of the ongoing and future trade agreements the Union is and will be negotiating; it should put a significant efforts with commercial and diplomatic means in preserving under the agreements the EU GIs system and insuring the protection of century old practices which bring together historical, cultural and gastronomic heritage and insure at the same time sustainable production.
Amendment 26 #
Proposal for a regulation Recital 16 a (new) (16a) Given their recognised role in creating economic value and jobs, maintaining local traditions and knowledge and protecting natural resources, all European Union geographical indications should be protected under bilateral trade agreements through the recognition of the European system as a whole.
Amendment 27 #
Proposal for a regulation Recital 16 a (new) (16a) International trade agreements with particular provisions on the protection of designations of origin and geographical indications are of particular importance, as they provide market access and opportunities for economic growth and jobs for both EU and third countries right-holders, while protecting against unfair practices and safeguarding consumer safety and health.
Amendment 28 #
Proposal for a regulation Recital 16 b (new) (16b) In order to unlock the full potential of designations of origin and geographical indications in international trade, this Regulation should be complemented with further cooperation and engagement with third countries through trade policy with a view to enhancing legislative frameworks for the protection and enforcement of designation of origin and geographical indications in third country markets, taking due consideration of the level of development of third countries.
Amendment 29 #
Proposal for a regulation Recital 17 (17) For the optimal functioning of the internal market, it is important that producers and other operators concerned, authorities and consumers may quickly and easily have access to the relevant information concerning a registered protected designation of origin or protected geographical indication. This information should include, where applicable, the information on the identity of the producer group recognised at national level. Where applicable, regional or local administrations should be able to provide administrative assistance to producer groups. At the same time, regional or local entities should encourage and incentivise producers to join these producer groups or other stakeholders managing geographical indications.
Amendment 30 #
Proposal for a regulation Recital 17 a (new) (17a) While negotiating trade agreements, or specific bilateral agreements on GIs, the parties should always bear in mind the specificities they represent and the complex tissue of producers entering into the scope of the protected products; in this regard, special attention should be given to very small, small and medium producers which are the main actors and preservers of the system and the ones insuring the sustainability of the entire production.
Amendment 31 #
Proposal for a regulation Recital 18 a (new) (18a) The Commission should promote the registration of small-scale geographical indications originating in the EU and in third countries, ensuring that the procedures in place do not result in disproportionate burdens nor entail excessive managing costs for those. In order to ensure fair competition and promote international trade, the rules under this Regulation should not therefore create discrimination nor constitute a barrier for potential applicants, particularly producers in the EU and third countries qualifying as micro, small or medium size enterprises.
Amendment 32 #
Proposal for a regulation Recital 23 (23) Producer groups play an essential role in the application process for the registration of geographical indications, as well as in the amendment of specifications and cancellation requests. They should be equipped with the means to better identify and market the specific characteristics of their products. The role of the producer group should hence be clarified to include the right to: participation in consultative bodies, exchanging information with public authorities on geographical indication policy-related topics and the right to participate in consultations with the Commission in the run-up to trade negotiations concerning geographical indications with third countries.
Amendment 33 #
Proposal for a regulation Recital 24 (24) As producers of products bearing geographical indications are mostly small or medium size enterprises, they face competition from other operators along the food supply chain which can create unfair competition between local producers and those operating on a more extended scale. In this context, in the interest of all the producers concerned, it is necessary to
Amendment 34 #
Proposal for a regulation Recital 27 (27) In order to avoid creating unfair conditions of competition, any producer, including a third-country producer, should be able to use a registered geographical indication, provided that the product concerned complies with the requirements of the relevant product specification or single document or an equivalent to the latter, i.e. a complete summary of the product specification. The system set up by the Member States should also guarantee that producers complying with the rules are entitled to be covered by the verification of compliance of the product specification. Third country producers should be subject to EU-comparable verification procedures set up by their respective oversight authorities.
Amendment 35 #
Proposal for a regulation Recital 28 (28) The symbols, indications and abbreviations identifying a registered geographical indication, and the rights therein pertaining to the Union, should be protected in the Union as well as in third countries with the aim of ensuring that they are used on genuine products and that consumers are not misled as to the qualities of products. National, regional or local administrations should assist producer groups to raise awareness about their geographical indications, as well as through the tourist offices for visitors to know the geographical indications of the region they are visiting.
Amendment 36 #
Proposal for a regulation Recital 29 (
Amendment 37 #
Proposal for a regulation Recital 30 (30) The use of Union symbols or indications on the packaging of, and on the presentation pages of retail websites for, products designated by a geographical indication should be made obligatory in order to make this category of products, and the guarantees attached to them, better known to consumers and to permit easier identification of these products on the market, thereby facilitating checks. However, in view of the specific nature of products covered by this Regulation, special provisions concerning labelling should be maintained for wine and spirit drinks. The use of such symbols or indications should remain voluntary for third country geographical indications and designations of origin.
Amendment 38 #
Proposal for a regulation Recital 31 (31) The added value of the geographical indications is based on consumer trust. The system of geographical indications significantly relies on self-control, due diligence and individual responsibility of producers,
Amendment 39 #
Proposal for a regulation Recital 31 (31) The added value of the geographical indications is based on consumer trust. The system of geographical indications significantly relies
Amendment 40 #
Proposal for a regulation Recital 31 (31) The added value of the geographical indications is based on consumer trust. The system of
Amendment 41 #
Proposal for a regulation Recital 33 (33) Information on the competent authorities and product certification bodies should be made public to ensure the transparency and allow interested parties to contact them in all the official languages of Member States.
Amendment 42 #
Proposal for a regulation Recital 36 (36) Online platforms have become increasingly used for sales of products, including of those designated as geographical indications, and in some cases they might represent an important space as regards preventing fraud. In this regard, this Regulation should establish rules to ensure appropriate labelling of products sold via online platforms, and to provide powers to Member States to disable access to the content that contravenes the rules. These rules should be without prejudice to Regulation (EU) No 2022/XX of the European Parliament and of the Council32 . National and, where applicable, regional or local administrations should introduce this information accordingly and assist, teach and incentivise the private online platforms. _________________ 32 Regulation (EU) […] of the European
Amendment 43 #
Proposal for a regulation Recital 36 (36) Online platforms have become increasingly used for sales of products, including of those designated as geographical indications, and in some cases they might represent an important space as regards preventing fraud. In this regard, this Regulation should establish rules to ensure appropriate labelling of products sold via online platforms, and that all information on the geographical indication of the product is included on its presentation page, and to provide powers to Member States to disable access to the content that contravenes the rules. These rules should be without prejudice to Regulation (EU) No 2022/XX of the European Parliament and of the Council32. _________________ 32Regulation (EU) […] of the European
Amendment 44 #
Proposal for a regulation Recital 36 a (new) (36a) In its efforts to build a sustainable and resilient legal framework for a European single digital market where the level-playing field is ensured for all small and medium size enterprises (SMEs), the Union has provided itself with acts such as Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act)and Regulation XXX/XXX on contestable and fair markets in the digital sector (Digital Markets Act). When it comes to geographical indications, stakeholders that do not depend on public administrations but that seek to raise awareness and provide services for producer groups or other stakeholders related to geographical indications should be able to do so. For that reason, the Commission, Member States and, where applicable, regional and local administrations should assist this SMEs in order to create a market of information providers for producer groups, geographical indications and other related activities.
Amendment 45 #
Proposal for a regulation Recital 37 (37) Taking into account that a product designated by the geographical indication produced in one Member State might be sold in another Member State, administrative assistance between Member States, as well as with third-countries, should be ensured to allow effective controls and its practicalities should be laid down.
Amendment 46 #
Proposal for a regulation Recital 37 (37) Taking into account that a product designated by the geographical indication produced in one Member State might be sold in another Member State, administrative assistance between Member States and with third countries should be ensured to allow effective controls and its practicalities should be laid down.
Amendment 47 #
Proposal for a regulation Recital 37 (37) Taking into account that a product designated by the geographical indication produced in one Member State might be sold in another Member State, administrative assistance between Member States and with third countries should be ensured to allow effective controls and its practicalities should be laid down.
Amendment 48 #
Proposal for a regulation Recital 39 (39) The procedures for registration,
Amendment 49 #
Proposal for a regulation Recital 39 (39) The procedures for registration, amendment and cancellation of geographical indications, including the scrutiny and the opposition procedure, should be carried out in the most efficient way.
Amendment 5 #
Proposal for a regulation Recital 3 (3) In its Communication of 25 November 2020 titled ‘Making the most of the EU’s innovative potential – An intellectual property action plan to support the EU’s recovery and resilience’, the Commission undertook to look at ways to strengthen, modernise, streamline and better enforce geographical indications for agricultural products, wine and spirit drinks. Moreover, in its Communication of 30 June 2021 “A long-term vision for the EU’s rural areas: Towards stronger, connected, resilient and prosperous rural areas by 2040”, the Commission gave geographical indications a role among the flagship initiatives promoting prosperous rural areas, because of their contribution to the economic diversification and specialisation of rural areas. Finally, Regulation (EU) 2021/2117, as part of the reform of the Common Agricultural Policy (CAP), introduced changes to the Union’s system of geographical indications.
Amendment 50 #
Proposal for a regulation Recital 40 Amendment 51 #
Proposal for a regulation Recital 43 (43) To implement the rules related to geographical indications, the Commission should be assisted by a committee, composed by the delegates of the Member States, understandable to the consumer..
Amendment 52 #
Proposal for a regulation Recital 48 (48) In order to avoid creating unfair conditions of competition, any producer, including a producer from a third country, should be able to use a registered name of a traditional speciality guaranteed, provided that the product concerned complies with the requirements of the relevant specification and the producer is covered by a system of controls. For traditional specialities guaranteed produced within the Union, the Union symbol should be indicated on the labelling and it should be possible to associate it with the indication ‘traditional speciality guaranteed’. The use of the names, the Union symbol and the indication should be regulated to ensure a uniform approach across the internal market. Where applicable, regional or local administrations should be able to provide administrative assistance to producer groups of traditional specialities guaranteed.
Amendment 53 #
Proposal for a regulation Recital 51 (51) Participation in the traditional speciality guaranteed scheme should ensure that any operator complying with the rules of this scheme is entitled to be covered by the verification of compliance with the product specification. Where applicable, regional or local administrations should be able to provide administrative assistance to producer groups. At the same time, regional or local entities should encourage and incentivise producers to join these producer groups or other stakeholders managing traditional specialties guaranteed.
Amendment 54 #
Proposal for a regulation Recital 52 (52) The procedures for the registration, amendments to the product specification and the cancellation of the registration in respect of traditional specialities guaranteed originating in the Union, including opposition procedures, should be carried out by the Member States and the Commission. The Member States and the Commission should be responsible for distinct stages of each procedure. Member States and, where applicable, regions, should be responsible for the first stage of the procedure, which consists of receiving the application from the producer group, assessing it, including running a national opposition procedure, and, following the results of the assessment, submitting the Union application to the Commission. The Commission should be responsible for scrutinising the application, including running a worldwide opposition procedure, and taking a decision on granting the traditional specialities guaranteed protection or not. The protection afforded by this Regulation upon registration should be equally available to traditional specialities guaranteed of third countries that meet the corresponding criteria and that are protected in their country of origin. The Commission should also carry out the corresponding procedures for traditional specialities guaranteed originating in third
Amendment 55 #
Proposal for a regulation Recital 53 (53) The optional quality terms scheme was introduced by Regulation (EU) No 1151/2012. It refers to specific horizontal characteristics, of one or more categories of products, farming methods or processing attributes which apply in specific areas. The optional quality term ‘mountain product’ has met the conditions laid down for optional quality terms and was established by that Regulation. It has provided mountain producers with an effective tool to better market their product and to reduce the actual risks of consumer confusion as to the mountain provenance of products on the market. The possibility for producers to use optional quality terms should be maintained, as the scheme has not yet fully met its potential in the Member States due to a short time of its application. Where applicable, regional or local administrations should be able to provide administrative assistance to mountain producers. At the same time, regional or local entities should encourage and incentivise mountain producers to join producer groups or other stakeholders managing ‘mountain products’.
Amendment 56 #
Proposal for a regulation Recital 56 (56) In order to supplement or amend certain non-essential elements of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of defining sustainability standards and laying down criteria for the recognition of existing sustainability standards; entrusting the EUIPO with the tasks related to
Amendment 57 #
Proposal for a regulation Recital 56 (56) In order to supplement or amend certain non-essential elements of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of defining sustainability standards and laying down criteria for the recognition of existing sustainability standards, including animal welfare, biodiversity protection and decent work conditions; clarifying or adding items to be supplied as part of accompanying information; entrusting the EUIPO with the tasks related to scrutiny for opposition and the opposition procedure, operation of the register, publication of standard amendments to a product specification, consultation in the context of cancellation procedure, establishment and management
Amendment 58 #
Proposal for a regulation Article 1 – paragraph 1 – point b (b) traditional specialities guaranteed
Amendment 59 #
Proposal for a regulation Article 1 – paragraph 1 – point b a (new) (ba) c) optional quality terms for agricultural products.
Amendment 6 #
Proposal for a regulation Recital 4 (4) The quality and diversity of the Union’s wine, spirit drinks and agricultural production is one of its important strengths
Amendment 60 #
Proposal for a regulation Article 2 – paragraph 1 – point i a (new) (ia) 'sustainability undertaking' means an undertaking promoting sustainable production in its three dimensions, by contributing to one or more social, environmental and economic objectives.
Amendment 61 #
Proposal for a regulation Article 4 – paragraph 1 – point a (a) producers acting collectively have the necessary powers and responsibilities to manage their geographical indication, including to create value and to respond to societal demands for products resulting from sustainable production in its three dimensions of economic, environmental and social value, and to operate in the
Amendment 62 #
Proposal for a regulation Article 4 – paragraph 1 – point a (a) that producers acting collectively have the necessary powers and responsibilities to manage their geographical indication, including to create value and to respond to societal demands for products resulting from sustainable production in its three dimensions of economic, environmental and social value, and to operate in the market;
Amendment 63 #
Proposal for a regulation Article 4 – paragraph 1 – point a (a) that producers acting collectively have the necessary powers and responsibilities to manage their geographical indication, including to create value and to respond to societal demands for products resulting from sustainable production in its three dimensions of economic, environmental and social value, and to operate in the market;
Amendment 64 #
Proposal for a regulation Article 4 – paragraph 1 – point a a (new) (aa) a fair return for producers for the qualities of their products;
Amendment 65 #
Proposal for a regulation Article 4 – paragraph 1 – point a b (new) Amendment 66 #
Proposal for a regulation Article 4 – paragraph 1 – point b a (new) (ba) that the added value associated with geographical indications is fairly shared across the supply chain;
Amendment 67 #
Proposal for a regulation Article 4 – paragraph 1 – point c (c) that consumers receive reliable information and a guarantee of authenticity of such products originating in the internal market and imported from third markets and can readily identify them in the marketplace, including in the domain name system and in electronic commerce;
Amendment 68 #
Proposal for a regulation Article 4 – paragraph 1 – point d (d) efficient registration of geographical indications taking into account the uniform, appropriate and effective protection of intellectual property rights
Amendment 69 #
Proposal for a regulation Article 4 – paragraph 1 – point e (e) effective enforcement and marketing throughout the Union and in the domain name system and in electronic commerce ensuring the integrity of the internal market.
Amendment 7 #
Proposal for a regulation Recital 5 (5) Citizens and consumers in the Union increasingly demand quality as well as traditional products. They are also concerned to maintain the diversity of agricultural production in the Union. This generates a demand for wine, spirit drinks and agricultural products with identifiable specific characteristics, in particular those linked to their geographical origin, both in terms of territory and production process.
Amendment 70 #
Proposal for a regulation Article 4 – paragraph 1 – point e a (new) (ea) f) effective protection of intellectual property rights of producers of such products in third markets in compliance with international agreements, standards, best practices and agreements with third countries.
Amendment 71 #
Proposal for a regulation Article 4 – paragraph 1 – point e a (new) (ea) the added value associated with geographical indication products is shared across the supply chain to ensure producers may stabilise their prices and invest in the quality and reputation of their products.
Amendment 72 #
Proposal for a regulation Article 4 – paragraph 1 a (new) 1a. a fair return for producers for the qualities of their products
Amendment 73 #
Proposal for a regulation Article 4 – paragraph 1 b (new) 1b. support to agricultural and processing activities and the farming systems associated with high-quality products, thereby contributing to the achievement of rural development policy objectives
Amendment 74 #
Proposal for a regulation Article 5 – paragraph 2 2. The registration and the protection of geographical indications is without prejudice to the obligation of producers to comply with other Union rules, in particular those relating to the placing of products on the market, sanitary and phytosanitary rules, environmental, social and animal welfare rules, the common organisation of the markets, the competition rules and the provision of food information to consumers. Compliance with these rules shall be verified by appropriate controls.
Amendment 75 #
Proposal for a regulation Article 6 – paragraph 1 1. Products designated by geographical indications shall be classified according to the combined nomenclature at two, four
Amendment 76 #
Proposal for a regulation Article 7 – paragraph 1 – point g a (new) (ga) 'association of producer groups' means an organisation that promotes the interests of producers of products designated by different geographical indications.
Amendment 77 #
Proposal for a regulation Article 7 – paragraph 1 – point g a (new) (ga) 'association of producer groups' means an organisation that promotes the interests of producers of products designated by different geographical indications.
Amendment 78 #
Proposal for a regulation Article 8 – paragraph 2 2. An authority designated by a Member State or by a third country may be deemed to be an applicant producer group for the purposes of this Title, with respect to geographical indications of a spirit drink, if it is not feasible for the producers concerned to form a group by reason of their number, geographical location or organisational characteristics. In such case, the application referred to in Article 9(2) shall state those reasons.
Amendment 79 #
Proposal for a regulation Article 8 – paragraph 2 2. An authority designated by a Member State or by a third country may be deemed to be an applicant producer group for the purposes of this Title, with respect to geographical indications of a spirit drink, if it is not feasible for the producers concerned to form a group by reason of their number, geographical location or organisational characteristics. In such case, the application referred to in Article 9(2) shall state those reasons.
Amendment 8 #
Proposal for a regulation Recital 5 a (new) (5a) Citizens and consumer are entitled to expect that any geographical indication and quality scheme is backed-up with a robust verification and control system, regardless of whether the product originates from the EU or a third country.
Amendment 80 #
Proposal for a regulation Article 8 – paragraph 2 2. An authority designated by a Member State or by a third country may be deemed to be an applicant producer group for the purposes of this Title, with respect to geographical indications of a spirit drink, if it is not feasible for the producers concerned to form a group by reason of their number, geographical location or organisational characteristics. In such case, the application referred to in Article 9(2) shall state those reasons.
Amendment 81 #
Proposal for a regulation Article 8 – paragraph 4 a (new) 4a. The rules established under this Regulation shall not discriminate nor create barriers for all applicants, particularly for producers in the EU and third countries that qualify as micro, small or medium size enterprises within the meaning of the Annex to Recommendation 2003/361/EC.
Amendment 82 #
Proposal for a regulation Article 9 – paragraph 4 4. As part of the scrutiny referred to in paragraph (3), the Member State
Amendment 83 #
Proposal for a regulation Article 9 – paragraph 5 5. The Member State shall establish the modalities of the opposition procedure. These modalities may include criteria for the admissibility of an opposition, a period of consultation between the applicant producer group and each opponent, and submission of a report from the applicant producer group on the outcome of the consultations including any changes the applicant producer group has made to the application for registration. Where applicable, the Member State shall take into account the opinion of its regional administrations.
Amendment 84 #
Proposal for a regulation Article 9 – paragraph 6 6. If, after the scrutiny of the application for registration and the assessment of the results of any opposition received and any changes to the application agreed with the applicant producer group, the Member State considers that the requirements of this Regulation are met, it may take a favourable decision and lodge a Union application as referred to in Article 15. Where applicable, the Member State shall take into account the opinion of its regional administrations.
Amendment 85 #
Proposal for a regulation Article 9 – paragraph 7 7. The Member State shall ensure that its decision, be it favourable or not, is made public and that any natural or legal person having a legitimate interest has an opportunity to lodge an appeal. The Member State shall also ensure that the product specification on which its favourable decision is based is published, and shall provide electronic access to the
Amendment 86 #
Proposal for a regulation Article 9 – paragraph 7 a (new) 7a. The national or regional stage of registration shall be facilitated in all the official languages of the Member States.
Amendment 87 #
Proposal for a regulation Article 10 – paragraph 1 a (new) 1a. Where applicable, a region, in communication with its Member State, may grant such transitional protection in case a product followed the regional application for registration.
Amendment 88 #
Proposal for a regulation Article 12 – paragraph 1 1. A producer group may agree on sustainability undertakings to be adhered to in the production of the product designated by a geographical indication.
Amendment 89 #
Proposal for a regulation Article 12 – paragraph 1 1. A producer group may agree on sustainability undertakings to be adhered to in the production of the product designated by a geographical indication. Such undertakings shall aim to apply a sustainability standard higher than mandated by Union or national law
Amendment 9 #
Proposal for a regulation Recital 9 (9) Ensuring uniform recognition and protection throughout the Union for the intellectual property rights related to names protected in the Union is a priority that can be effectively achieved only at Union level. Geographical indications protecting the names of wines, spirit drinks and agricultural products having characteristics, attributes or reputation linked to their place of production are an exclusive Union’s competence. A unitary and exclusive system of geographical indications therefore needs to be provided. Geographical indications are a collective right held by all eligible producers in a designated area willing to adhere to a product specification. Producers acting collectively have more powers than individual producers and take collective responsibilities to manage their geographical indications, including responding to societal demands for products resulting from sustainable production. Operating geographical indications reward producers fairly for their efforts to produce a diverse range of quality products. At the same time, this can
Amendment 90 #
Proposal for a regulation Article 12 – paragraph 2 2. The sustainability undertakings referred to in paragraph (1) and the extent to which they are binding shall be
Amendment 91 #
Proposal for a regulation Article 12 – paragraph 2 2. The sustainability undertakings referred to in paragraph (1)
Amendment 92 #
Proposal for a regulation Article 12 – paragraph 4 Amendment 93 #
Proposal for a regulation Article 12 – paragraph 4 4. The Commission
Amendment 94 #
Proposal for a regulation Article 12 – paragraph 5 Amendment 95 #
Proposal for a regulation Article 12 – paragraph 5 a (new) 5a. The Commission shall ensure that producer groups share good practices and methods to implement this sustainability strategy. Sustainability from European producers shall be duly reciprocated with sustainability from producers from third countries.
Amendment 96 #
Proposal for a regulation Article 14 – paragraph 2 Amendment 97 #
Proposal for a regulation Article 16 – paragraph 1 1. A Union application for the registration of a geographical indication shall be submitted to the Commission electronically, through a digital system. The digital system shall have the capacity to allow the submission of applications to national authorities of a Member State, and to be used by the Member State in its national procedure. Where applicable, this application may be done through the regional authority of the geographical indication. This submission shall comprise all the official languages of Member States.
Amendment 98 #
Proposal for a regulation Article 17 – paragraph 1 1. The Commission shall scrutinise any application for registration that it receives pursuant to Article 16
Amendment 99 #
Proposal for a regulation Article 17 – paragraph 5 source: 738.553
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