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DRAFT REPORT (COM(2022)0134 – C90130/2022 – 2022/0089(COD))

On the proposal for a regulation of the European Parliament and of the Council 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

AGRI-PR-736493

Committee on Agriculture and Rural Development · Rapporteur: Paolo De Castro

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The rapporteur's draft report sets out Parliament's first-reading amendments to the Commission proposal on EU geographical indications for wine, spirit drinks and agricultural products and quality schemes. It widens the definition of producer group, adds a definition of sustainability undertaking, and requires producer groups to prepare a sustainability report by 1 January 2026. It strengthens protection against misuse, imitation and evocation, extends it to domain names and online marketplaces, and requires top-level domain registries to revoke or transfer bad-faith domain names. It sets rules on recognised producer groups, their powers, value sharing and enforcement, and on the use of geographical indications as ingredients in processed products. It deletes several delegated powers for the Commission, including on sustainability standards, registration procedures and entrusting tasks to EUIPO, and shortens scrutiny periods.

Committee position. The rapporteur proposes to amend the Commission proposal by widening definitions, adding sustainability reporting, strengthening protection and enforcement, and deleting several delegated powers for the Commission.

Key points

  1. Amends the definition of 'producer group' to cover producers of raw material, processors or operators involved in production of the same product.
  2. Redefines 'generic term' as the name of products which have become the common name of a product in the Union, and adds a definition of 'sustainability undertaking'.
  3. Adds objectives for geographical indications: a fair return for producers, support to farming systems, fair sharing of added value, and consumer information including in the domain name system and electronic commerce.
  4. Requires producer groups to prepare a sustainability report by 1 January 2026, with the Commission able to set its format by implementing acts.
  5. Shortens the Commission's scrutiny of registration applications to 5 months, extendable by a maximum of 3 months in duly justified cases.
  6. Allows cancellation of a registration where no product has been placed on the market for at least five consecutive years, and bans use of the cancelled name as another intellectual property right for at least 10 years.
  7. Extends protection to cover products used as ingredients, transcription and transliteration, domain names, and goods produced in the Union for export to third countries.
  8. Bans using a protected name to indicate a product was aged in containers where the geographical indication product was originally aged, unless agreed in writing with the producer group.
  9. Requires Member States to take administrative and judicial steps against unlawful use, and to designate authorities with adequate guarantees, staff and resources.
  10. Sets rules for using a geographical indication as an ingredient: it may be referred to in the list of ingredients but not in the food name, except under a written agreement with the producer group.
  11. Requires top-level domain name registries operating in the Union to revoke or transfer bad-faith domain names, and to recognise geographical indications in dispute resolution.
  12. Deletes delegated powers for the Commission on sustainability standards, registration procedures, opposition rules, ingredient labelling, generic terms and entrusting tasks to EUIPO.

Who is affected

  • Producers of wine, spirit drinks and agricultural products, who gain rights to manage geographical indications and claim damages.
  • Producer groups, which must prepare sustainability reports and may agree sustainability undertakings.
  • Top-level domain name registries operating in the Union, which must revoke or transfer bad-faith domain names.
  • Member States, which must designate enforcement authorities and take administrative and judicial steps against unlawful use.
  • Processors using a geographical indication as an ingredient, who need a written agreement to use the name in the food name.

Figures and deadlines

  • By 1 January 2026, producer groups shall prepare a sustainability report.
  • Scrutiny of registration applications shall not exceed 5 months, extendable by a maximum of 3 months.
  • Cancellation where no product has been placed on the market for at least five consecutive years.
  • After cancellation, use and protection as another intellectual property right is prohibited for at least 10 years.
  • Feed sourced from outside the geographical area shall not exceed 50 % of dry matter on an annual basis.
  • Opposition may be lodged within 3 months from publication of the single document.
  • A maximum 15 % share of grapes, must or wine may originate outside the demarcated area.
  • Delegated power is conferred for three years from entry into force, with a report nine months before the end.

Legal basis: Article 294(2), Article 43(2) and Article 118, first paragraph, of the Treaty on the Functioning of the European Union.