What changed

SHORT JUSTIFICATION

The rapporteur welcomes the Commission’s proposal aimed at strengthening the protection of geographical indications for wine, spirit drinks and agricultural products, and quality schemes for agricultural products (GIs).

The entire system of the Geographical Indications in the EU is a complex one and is the result of a great work and efforts from all relevant actors: producers, Member States and institutions. The GIs are much more than an intellectual property right; they are a rural development policy and agriculture policy tool. Moreover, the European GIs are a strong specificity representing to the rest of the world our excellent productions, our geographical singularities, historical and cultural heritage. In this regard, we have to cherish, preserve and try to improve the system both on the internal market and create additional export opportunities.

In 2022 the European Commission and its Directorate-General for Agriculture and Rural Development (DG AGRI) informally agreed to delegate tasks in the scrutiny and registration process of geographical indications (GIs) to the European Union Intellectual Property Office (EUIPO), responsible for managing the EU trade mark and the registered Community design, an agency that is under the remit of the legal affairs committee.

The Rapporteur takes note of the proposal of the Commission, which presents a good starting basis. The proposal includes several initiatives that the rapporteur is pleased to support. Furthermore, he believes there is room for improving the current proposal making the GI system more effective in terms of protection and transparency in order to be more attractive for producers and consumers in Europe and outside. It should also be noted that wines and spirits have proper characteristics to be taken into consideration and their specificity is one of the keys element that makes our products so requested and favoured on the international market.

The JURI rapporteur for this opinion sees the upcoming revision of the GI system as an opportunity to clarify the role of the EUIPO vis-à-vis the DG AGRI and the system of agricultural GIs. Indeed, the Memorandum of Understanding between DG AGRI and the EUIPO was reached in a way rather unbeknown to the Parliament and its Members, not providing enough certainty as to which tasks had been covered, which had not, and to what extent and purpose.

The Rapporteur wishes to draw attention to trade related and economic issues linked to GIs within the scope of this proposal. It is important that GIs contribute particularly both to the integrity of the internal market and fair trade with third countries. For INTA and the Rapporteur the main question would be linked to guarantying appropriate international protection for the GIs directly linked to their specificity and to fight against infringements, abuses, evocations, food fraud illegal practices, unfair competition and deceiving of consumers.

We should strive for further legal clarity. The Commission proposal indeed advances in that direction, acknowledging the EUIPO’s assistance role, but leaves out still the details of such cooperation regarding delegated acts. The JURI rapporteur believes that such tasks should be clearly delineated and agreed, among co-legislators, directly in that particular regulation.

The Rapporteur wishes to particularly underline the importance in the context of future and ongoing trade agreement negotiations, all actors intervening on the chain from the production to the export, to acknowledge a treatment of GIs as being linked to the European local cultural and food related traditions.

One notable exception to that approach is the use of GI registers which, he believes, should be tackled through a further delegated act that should include the creation of a new GI register, its maintenance, update and protection.

The EU negotiates international agreements, also including those concerning the protection of designations of origin and GIs, with its trade partners. In this context, all FTA and negotiated trade agreements should observe the abovementioned protection of GIs. Having regard to the fact that GIs create economic value, jobs, keep traditions and local knowledge while protecting natural resources. Ideally for the Rapporteur all the EU GIs should to be protected in the scope of trade agreements trough the recognition of the European system.

On substance, hence, the JURI rapporteur sees a relevant role for the EUIPO in performing technical supporting tasks such as scrutinizing the application for registration, informing applicants in case of delay in the scrutiny process, seeking supplementary information from the applicant if necessary. Also in handling the publication of the single document in the Union registration, managing the opposition procedure or establishing and managing an alert system that would provide information about the availability of a geographical indication as a domain name.

The protection afforded by this Regulation upon registration should be equally available to geographical indications of third countries, protected in their country of origin that meet the corresponding criteria and that are clearly listed in the list of protected GIs by the respective trade agreement. The Rapporteur agrees that the Commission should carry out the corresponding procedures for geographical indications originating in third countries.

The more substantial aspect of GI registration, like the analysis of the products specification (cahier des charges), however, should remain within the DG AGRI. Union amendments should also remain under the responsibility of DG AGRI.

The JURI rapporteur believes that a certain level of coherence between the revised system for agricultural GIs and the proposed system for craft GIs should be aimed for.

Overall, the JURI rapporteur sees the collaboration between EUIPO and DG AGRI as positive and cost-efficient but he wishes to clarify that collaboration.

The JURI rapporteur also suggests an amendment related to the rights of the information of the applicants and the timeline the Commission must respect when handling their requests.

AMENDMENTS

The Committee on LegalInternational AffairsTrade calls on the Committee on Agriculture and Rural Development, as the committee responsible, to take into account the following amendments:

Amendment 1

Proposal for a regulation

Recital 1

Article 27 – paragraph 2

Or. it

Amendment 2

Proposal for a regulation

Recital 4

Article 37 – paragraph 3

Or. it

Amendment 3

Proposal for a regulation

Recital 5

Article 37 – paragraph 6

Or. it

Amendment 4

Proposal for a regulation

Recital 11

Article 49 – paragraph 4 a (new)

Amendment 5

Or. it

Proposal for a regulation

Recital 13

Amendment 6

Proposal for a regulation

Recital 14 a (new)

Amendment 7

Proposal for a regulation

Recital 15

Amendment 8

Proposal for a regulation

Recital 25

Amendment 9

Proposal for a regulation

Recital 26

Amendment 10

Proposal for a regulation

Recital 31

Amendment 11

Proposal for a regulation

Recital 32

Amendment 12

Proposal for a regulation

Recital 35

Amendment 13

Proposal for a regulation

Recital 39

Amendment 14

Proposal for a regulation

Recital 39 a (new)

Amendment 15

Proposal for a regulation

Recital 56

Amendment 16

Proposal for a regulation

Article 4 – paragraph 1 – point d

Amendment 17

Proposal for a regulation

Article 4 – paragraph 1 – point e

Amendment 18

Proposal for a regulation

Article 4 – paragraph 1 – point e a (new)

Amendment 19

Proposal for a regulation

Article 17 – title

Amendment 20

Proposal for a regulation

Article 17 – paragraph 1

Amendment 21

Proposal for a regulation

Article 17 – paragraph 1 a (new)

(Paragraph 1a (new) reproduces part of the text of paragraph 1 of the Commission proposal.)

Amendment 22

Proposal for a regulation

Article 17 – paragraph 1 b (new)

Amendment 23

Proposal for a regulation

Article 17 – paragraph 2

(Paragraph 2 is moved after paragraph 3 and amended.)

Amendment 24

Proposal for a regulation

Article 17 – paragraph 3

Amendment 25

Proposal for a regulation

Article 17 – paragraph 3 a (new)

(Paragraph 3a (new) reproduces partially the text of paragraph 2.)

Amendment 26

Proposal for a regulation

Article 17 – paragraph 4

Amendment 27

Proposal for a regulation

Article 17 – paragraph 5

Amendment 28

Proposal for a regulation

Article 18 – paragraph 1

Amendment 29

Proposal for a regulation

Article 18 – paragraph 2 – introductory part

Amendment 30

Proposal for a regulation

Article 18 – paragraph 2 – point b

Amendment 31

Proposal for a regulation

Article 18 – paragraph 3

Amendment 32

Proposal for a regulation

Article 18 – paragraph 4

Amendment 33

Proposal for a regulation

Article 19 – title

Amendment 34

Proposal for a regulation

Article 19 – paragraph 1

Amendment 35

Proposal for a regulation

Article 19 – paragraph 2

Amendment 36

Proposal for a regulation

Article 19 – paragraph 4

Amendment 37

Proposal for a regulation

Article 19 – paragraph 5

Amendment 38

Proposal for a regulation

Article 19 – paragraph 6

Amendment 39

Proposal for a regulation

Article 19 – paragraph 7

Amendment 40

Proposal for a regulation

Article 19 – paragraph 9

Amendment 41

Proposal for a regulation

Article 19 – paragraph 10

Amendment 42

Proposal for a regulation

Article 19 – paragraph 10 a (new)

Amendment 43

Proposal for a regulation

Article 20

Amendment 44

Proposal for a regulation

Article 20 a (new)

Amendment 45

Proposal for a regulation

Article 21 – paragraph 5

Amendment 46

Proposal for a regulation

Article 21 – paragraph 6

Amendment 47

Proposal for a regulation

Article 22 – paragraph -1 (new)

Amendment 48

Proposal for a regulation

Article 22 – paragraph 1

Amendment 49

Proposal for a regulation

Article 22 – paragraph 2

Amendment 50

Proposal for a regulation

Article 22 – paragraph 3 – introductory part

Amendment 51

Proposal for a regulation

Article 22 – paragraph 3 – point b

Amendment 52

Proposal for a regulation

Article 22 – paragraph 5

Amendment 53

Proposal for a regulation

Article 23 – paragraph 1

Amendment 54

Proposal for a regulation

Article 23 – paragraph 1 a (new)

Amendment 55

Proposal for a regulation

Article 23 – paragraph 5

Amendment 56

Proposal for a regulation

Article 23 – paragraph 6

Amendment 57

Proposal for a regulation

Article 23 – paragraph 7

Amendment 58

Proposal for a regulation

Article 24 – paragraph 1

Amendment 59

Proposal for a regulation

Article 24 – paragraph 2

Amendment 60

Proposal for a regulation

Article 25 – paragraph 1

Amendment 61

Proposal for a regulation

Article 25 – paragraph 1 a (new)

Amendment 62

Proposal for a regulation

Article 25 – paragraph 3

Amendment 63

Proposal for a regulation

Article 25 – paragraph 3 a (new)

(The text of paragraph 3a (new) reproduces parts of the text of paragraph 6 of the same article.)

Amendment 64

Proposal for a regulation

Article 25 – paragraph 5

Amendment 65

Proposal for a regulation

Article 25 – paragraph 6

(Paragraph 6 is moved after paragraph 3 and amended.)

Amendment 66

Proposal for a regulation

Article 25 – paragraph 7

Amendment 67

Proposal for a regulation

Article 25 – paragraph 8

Amendment 68

Proposal for a regulation

Article 25 – paragraph 9

Amendment 69

Proposal for a regulation

Article 25 – paragraph 10

Amendment 70

Proposal for a regulation

Article 25 – paragraph 10 a (new)

Amendment 71

Proposal for a regulation

Article 26 – paragraph 1 – point b

Amendment 72

Proposal for a regulation

Article 26 – paragraph 6

Amendment 73

Proposal for a regulation

Article 27 – paragraph 1 – point a

Amendment 74

Proposal for a regulation

Article 27 – paragraph 1 – point b

Amendment 75

Proposal for a regulation

Article 27 – paragraph 4 – point a a (new)

Amendment 76

Proposal for a regulation

Article 27 – paragraph 5

Amendment 77

Proposal for a regulation

Article 31

Amendment 78

Proposal for a regulation

Article 34 – paragraph 1

Amendment 79

Proposal for a regulation

Article 34 – paragraph 2

Amendment 80

Proposal for a regulation

Article 34 – paragraph 3

Amendment 81

Proposal for a regulation

Article 35 – title

(Article 35 merged with Article 31)

Amendment 82

Proposal for a regulation

Article 35 – paragraph 1

Amendment 83

Proposal for a regulation

Article 35 – paragraph 1 a (new)

Amendment 84

Proposal for a regulation

Article 35 – paragraph 3

Amendment 85

Proposal for a regulation

Article 38 – paragraph 2 – point b

Amendment 86

Proposal for a regulation

Article 39 – paragraph 1

Amendment 87

Proposal for a regulation

Article 39 – paragraph 2

Amendment 88

Proposal for a regulation

Article 39 – paragraph 3 – introductory part

Amendment 89

Proposal for a regulation

Article 39 – paragraph 7

Amendment 90

Proposal for a regulation

Article 42 – title

Amendment 91

Proposal for a regulation

Article 42 – paragraph 2

Amendment 92

Proposal for a regulation

Article 42 – paragraph 3

Amendment 93

Proposal for a regulation

Article 46 – title

Amendment 94

Proposal for a regulation

Article 46 – paragraph 1

Amendment 95

Proposal for a regulation

Article 46 – paragraph 1 a (new)

Amendment 96

Proposal for a regulation

Article 47 – paragraph 1 – introductory part

Amendment 97

Proposal for a regulation

Article 47 – paragraph 1 – point a

Amendment 98

Proposal for a regulation

Article 47 – paragraph 1 – point e a (new)

Amendment 99

Proposal for a regulation

Article 47 – paragraph 2

Amendment 100

Proposal for a regulation

Article 82 – paragraph 1 – point 1

Regulation (EU) 2017/1001

Article 151 – paragraph 1 – point f

PROCEDURE – COMMITTEE ASKED FOR OPINION

FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION