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
A-9-2023-0173
Committee on Agriculture and Rural Development · Rapporteur: Paolo De Castro
Written by a language model from the full text only; every figure comes from the text. The paragraph links open the paragraph a statement rests on — check the text itself before relying on it.
Parliament's amended version of the Commission proposal for a regulation on EU geographical indications for wine, spirit drinks and agricultural products and quality schemes. It keeps wine rules in Regulation (EU) No 1308/2013 and sets harmonised rules for spirit drinks and agricultural products.¶¶¶ It defines sustainability undertakings producers may agree, covering environmental, social, economic and animal welfare objectives, and allows producer groups to prepare a sustainability report.¶¶¶ It strengthens producer groups, making a recognised group the sole representative of producers, and lets member states make contributions to its costs compulsory for all producers.¶¶¶ It sets rules on registration, examination, opposition and amendment procedures, on the Union register maintained by the European Union Intellectual Property Office, and on protection and enforcement, including in domain names and electronic commerce.¶¶¶ It introduces a new optional quality term 'farmer's product' and adds new spirit drink categories for potato spirit and bread spirit.¶¶¶
Committee position. The Committee on Agriculture and Rural Development proposes to amend the Commission proposal, keeping wine geographical indication provisions in Regulation (EU) No 1308/2013 and setting harmonised rules for spirit drinks and agricultural products, with strengthened producer groups, sustainability undertakings and enforcement.¶¶¶
Key points
- The regulation covers protected designations of origin and protected geographical indications for wine, agricultural products and foodstuffs, geographical indications for spirit drinks, traditional specialities guaranteed and optional quality terms.¶¶¶
- Geographical indications are a collective right held by all eligible producers in a designated area, and producers acting collectively manage them and respond to societal demands for sustainable production.¶¶
- Producer groups may agree sustainability undertakings that go beyond Union or national law in social, environmental, economic or animal health and welfare terms, included in the product specification or in separate initiatives.¶¶
- Sustainability undertakings should contribute to objectives such as climate change mitigation, soil and biodiversity preservation, animal welfare, fair income, added value redistribution and rural development.¶¶
- Producer groups may prepare a sustainability report based on internal audits, and the Commission may adopt implementing acts on a harmonised format and online presentation.¶
- Member states may make the contribution to costs of a recognised producer group compulsory for all producers of the product, proportionate to volume or value of marketable production.¶
- The Commission examines registration applications within five months, extendable by three months, and may seek supplementary information within three months of submission.¶¶
- Oppositions may be lodged within three months of publication, and the Commission examines admissibility and invites consultations not exceeding three months, extendable by three months.¶¶
- The Union register of geographical indications is maintained and kept up to date by the European Union Intellectual Property Office, made easily accessible and in machine-readable format.¶¶
- Protection covers direct or indirect commercial use, misuse, counterfeiting, imitation or evocation, including where products are used as ingredients, and extends to domain names and electronic commerce.¶¶¶
- A new optional quality term 'farmer's product' is introduced, with member states drawing up the criteria for its use.¶
- New spirit drink categories are added: potato spirit and bread spirit, each with rules on production, alcoholic strength, methanol content and sweetening.¶¶
Who is affected
- Producers of wine, spirit drinks and agricultural products using geographical indications, who gain collective management and sustainability options.¶¶¶
- Producer groups, which may become the sole recognised representative and agree sustainability undertakings and value-sharing clauses.¶¶¶
- Member states, which designate recognised producer groups, verify their operation and may make cost contributions compulsory.¶¶
- Third country producers, who may use registered names if they comply with specifications and are covered by comparable control systems.¶¶¶
- Domain name registries operating in the Union, which must revoke or transfer domain names registered without rights or in bad faith.¶¶
Figures and deadlines
- 'traditional' means proven historical usage for a period of at least 30 years.¶
- National opposition procedure provides a period of at least 2 months from publication.¶
- Commission examination period shall not exceed five months from submission, extendable by a maximum of three months.¶
- Opposition may be lodged within 3 months from publication; consultations shall not exceed 3 months, extendable by a maximum of 3 months.¶¶
- Transitional period for compliance of up to 10 years; operators must have marketed products continuously for at least 5 years.¶
- Cancellation where no product has been placed on the market in the preceding seven consecutive years.¶
- Use and protection of the registered name as another intellectual property right prohibited for 10 years after cancellation.¶
- Potato spirit: distillation at less than 94,8 % vol., maximum methanol 1 000 grams per hectolitre of 100 % vol. alcohol, minimum strength 38 %, maximum 10 grams sweetening per litre.¶
Legal basis: Article 294(2) and Articles 43(2) and 118(1) of the Treaty on the Functioning of the European Union.¶