Sittings · Document
OPINION (COM(2022)0134 – C90130/2022 – 2022/0089(COD)) 2023-01-30
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
Committee on International Trade · Rapporteur: Danilo Oscar Lancini
SHORT JUSTIFICATION
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.
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 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.
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.
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.
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.
AMENDMENTS
The Committee on International Trade 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 5 a (new)
| Text proposed by the Commission | Amendment |
| (5a) Citizens and consumers are entitled to expect that any geographical indication and quality scheme is backed up by a robust verification and control system, regardless of whether the product originates from the Union or a third country. |
Amendment 2
Proposal for a regulation
Recital 9
| Text proposed by the Commission | Amendment |
| (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 benefit the rural economy, which is particularly the case in areas with natural or other specific constraints, such as mountain areas and the most remote regions, where the farming sector accounts for a significant part of the economy and production costs are high. In this way, quality schemes are able to contribute to and complement rural development policy as well as market and income support policies of the CAP. In particular, they may contribute to the developments in the farming sector and, especially, disadvantaged areas. A Union framework that protects geographical indications by providing for their inclusion in a register at Union level facilitates the development of the agricultural sector, since the resulting, more uniform approach ensures fair competition between the producers of products bearing such indications and enhances the credibility of the products in the consumers’ eyes. The system of geographical indications aims at enabling consumers to make more informed purchasing choices and, through labelling and advertising, helping them to correctly identify their products on the market. Geographical indications, being a type of intellectual property right, help operators and companies valorise their intangible assets. To avoid creating unfair conditions of competition and to sustain the internal market, any producer, including a third country producer, should be able to use a registered name and market products designated as geographical indications throughout the Union and in electronic commerce, provided that the product concerned complies with the requirements of the relevant specification and that the producer is covered by a system of controls. In light of the experience gained from the implementation of Regulations (EU) No 1308/2013, (EU) 2019/787 and (EU) No 1151/2012 of the European Parliament and of the Council27 , there is a need to address certain legal issues, to clarify and simplify some rules and to streamline the procedures. | (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 benefit the rural economy, which is particularly the case in areas with natural or other specific constraints, such as mountain areas and the most remote regions, where the farming sector accounts for a significant part of the economy and production costs are high. In this way, quality schemes are able to contribute to and complement rural development policy as well as market and income support policies of the CAP. In particular, they may contribute to the developments in the farming sector and, especially, disadvantaged areas. A Union framework that protects geographical indications by providing for their inclusion in a register at Union level facilitates the development of the agricultural sector, since the resulting, more uniform approach ensures fair competition between the producers of products bearing such indications and enhances the credibility of the products in the consumers’ eyes. The system of geographical indications aims at enabling consumers to make more informed purchasing choices and, through labelling and advertising, helping them to correctly identify those types of products on the market. The establishment of effective rules which ensure proper verification and controls over product specifications and adherence to production rules and guidelines for geographical indications originating in the internal market and in third markets is essential to secure consumer protection, trust and growth of trade of those products. Geographical indications, being a type of intellectual property right, help operators and companies valorise their intangible assets. To avoid creating unfair conditions of competition and to sustain the internal market, any producer, including a third country producer, should be able to use a registered name and market products designated as geographical indications throughout the Union and in electronic commerce, provided that the product concerned complies with the requirements of the relevant specification and that the producer is covered by a system of controls. In light of the experience gained from the implementation of Regulations (EU) No 1308/2013, (EU) 2019/787 and (EU) No 1151/2012 of the European Parliament and of the Council27 , there is a need to address certain legal issues, to clarify and simplify some rules and to streamline the procedures. |
| _________________ | _________________ |
| 27 Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (OJ L 343, 14.12.2012, p. 1). | 27 Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (OJ L 343, 14.12.2012, p. 1). |
Amendment 3
Proposal for a regulation
Recital 9 a (new)
| Text proposed by the Commission | Amendment |
| (9a) A unitary and exclusive system of geographical indications should contribute significantly to increased 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 Council1a. | |
| 1a 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 and repealing Council Regulation (EC) No 3/2008 (OJ L 317, 4.11.2014, p. 56). |
Amendment 4
Proposal for a regulation
Recital 11
| Text proposed by the Commission | Amendment |
| (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. The Member States and the Commission 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 should be able to grant transitional protection at national level without affecting the internal market or international trade. The protection afforded by this Regulation upon registration should be equally available to geographical indications of third countries that meet the corresponding criteria and that are protected in their country of origin. The Commission should carry out the corresponding procedures for geographical indications originating in third countries. | (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. The Member States and the Commission should be responsible for distinct stages of each procedure, which should not result in disproportionate burdens nor entail excessive management costs, especially for small producers. 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 should be able to grant transitional protection at national level without affecting the internal market or international trade. The protection afforded by this Regulation upon registration should be equally available to geographical indications of third countries that meet the corresponding criteria and that are protected in their country of origin. The Commission should carry out the corresponding procedures for geographical indications originating in third countries. |
Amendment 5
Proposal for a regulation
Recital 15
| Text proposed by the Commission | Amendment |
| (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. | (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 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 Agreement on Appellations of Origin and Geographical Indications. The register should be an electronic database stored within an information system, and should be accessible to the public. That register should enable easy access to the product specifications behind each geographical indication and quality schemes, regardless of whether they are from the Union or third countries, including those recognised via trade agreements or via the mechanism provided for in the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications. |
Amendment 6
Proposal for a regulation
Recital 16
| Text proposed by the Commission | Amendment |
| (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. | (16) 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 and multilateral trade agreements and other international agreements through the recognition of the European system as such. In that regard, the Union should put significant commercial and diplomatic efforts to ensure the protection of century old practices which bring together historical, cultural and gastronomic heritage and ensure at the same time sustainable production. Furthermore, 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 the Union and third countries right-holders, while protecting against unfair practices and safeguarding consumer safety and health; In order to facilitate the provision to the public of information about the names protected by the international agreements, and in particular to ensure protection and control of the use to which those names are put, those names should 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. |
Amendment 7
Proposal for a regulation
Recital 16 b (new)
| Text proposed by the Commission | Amendment |
| (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 designations of origin and geographical indications in third country markets, taking due consideration of the level of development of third countries. |
Amendment 8
Proposal for a regulation
Recital 17 a (new)
| Text proposed by the Commission | Amendment |
| (17a) While negotiating trade agreements, or specific bilateral agreements on geographical indications, the parties should always bear in mind their specificities and the complex tissue of producers entering into the scope of the protected products; in that regard, special attention should be given to micro, small and medium producers avoiding disproportionate burdens and additional costs since they are key actors and preservers of the system. In order to ensure fair competition and promote international trade, this Regulation should not therefore create discrimination nor constitute a barrier for potential applicants, particularly producers in the Union and third countries qualifying as micro, small or medium-sized enterprises. |
Amendment 9
Proposal for a regulation
Recital 23
| Text proposed by the Commission | Amendment |
| (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. | (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 10
Proposal for a regulation
Recital 27
| Text proposed by the Commission | Amendment |
| (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. | (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 Union-comparable verification procedures set up by their respective oversight authorities. |
Amendment 11
Proposal for a regulation
Recital 29
| Text proposed by the Commission | Amendment |
| (29) The labelling of wine, spirit drinks and agricultural products should be subject to the general rules laid down in Regulation (EU) No 1169/2011 of the European Parliament and of the Council29 , and in particular the provisions aimed at preventing labelling that may confuse or mislead consumers. | (Does not affect the English version.) |
| _________________ | |
| 29 OJ L 304, 22.11.2011, p. 18. |
Amendment 12
Proposal for a regulation
Recital 30
| Text proposed by the Commission | Amendment |
| (30) The use of Union symbols or indications on the packaging of 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. | (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 13
Proposal for a regulation
Recital 31
| Text proposed by the Commission | Amendment |
| (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, while it is the role of the competent authorities of the Member States to take the necessary steps to prevent or stop the use of names of products, which are in breach of the rules governing geographical indications. The role of the Commission is to intervene in case of a systemic failure to apply Union law. Geographical indications should be subject to the system of official controls, in line with the principles set out in Regulation (EU) 2017/625 of the European Parliament and of the Council30, , which should include a system of controls at all stages of production, processing and distribution. Each operator should be subject to a control system that verifies compliance with the product specification. Taking into account that wine is subject to specific controls defined in the sectoral legislation, this Regulation should lay down controls for spirit drinks and agricultural products only. | (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, while it is the role of the competent authorities of the Member States to take the necessary steps to prevent or stop the use of names of products, which are in breach of the rules governing geographical indications.The role of the Commission is to intervene in case of a systemic failure to apply Union law. Geographical indications should be subject to the system of official controls, in line with the principles set out in Regulation (EU) 2017/625 of the European Parliament and of the Council30, , which should include a system of controls at all stages of production, processing and distribution. Each operator should be subject to a control system that verifies compliance with the product specification. Taking into account that wine is subject to specific controls defined in the sectoral legislation, this Regulation should lay down controls for spirit drinks and agricultural products only. Any geographical indication and quality schemes should be backed up by robust verification and control systems, regardless of the origin of the product within or outside the Union. Furthermore, consumers should be able to receive the needed information on conformity with the product specifications upon demand from institutions and authorities responsible for controls and checks. This should apply to all geographical indications registered in the internal market. |
| _________________ | _________________ |
| 30 OJ L 95, 7.4.2017, p. 1. | 30 OJ L 95, 7.4.2017, p. 1. |
Amendment 14
Proposal for a regulation
Recital 37
| Text proposed by the Commission | Amendment |
| (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 should be ensured to allow effective controls and its practicalities should be laid down. | (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 15
Proposal for a regulation
Recital 39
| Text proposed by the Commission | Amendment |
| (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. This can be achieved by using the assistance for the scrutiny of the applications provided by the European Union Intellectual Property Office (EUIPO). While a partial outsourcing to EUIPO has been considered, the Commission would remain responsible for registration, amendment and cancellation, due to a strong relation with the Common Agricultural Policy and to the expertise needed to ensure that specificities of wine, spirit drinks and agricultural products are adequately assessed. | (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. To that end, the Commission should remain responsible for registration, amendment and cancellation, due to a strong relation with the Common Agricultural Policy and to the expertise needed to ensure that specificities of wine, spirit drinks and agricultural products are adequately assessed. |
Amendment 16
Proposal for a regulation
Recital 56
| Text proposed by the Commission | Amendment |
| (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 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 of an alert system informing applicants about the availability of their geographical indication as a domain name, scrutiny of third country geographical indications other than geographical indications under the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications34 , proposed for protection pursuant to international negotiations or international agreements; establishing appropriate criteria for monitoring performance of the EUIPO in the execution of the tasks entrusted to it; laying down additional rules on the use of geographical indications to identify ingredients in processed products; laying down additional rules for determining the generic status of terms; establishing the restrictions and derogations with regard to the sourcing of feed in the case of a designation of origin; establishing restrictions and derogations with regard to the slaughtering of live animals or with regard to the sourcing of raw materials; laying down rules for determining the use of the denomination of a plant variety or of an animal breed; laying down rules which limit the information contained in the product specification for geographical indications and traditional specialities guaranteed; laying down further details of the eligibility criteria for traditional specialities guaranteed; laying down additional rules to provide for appropriate certification and accreditation procedures to apply in respect of product certification bodies; laying down additional rules to further detail protection of traditional specialities guaranteed; laying down for traditional specialities guaranteed additional rules for determining the generic status of terms, conditions for use of plant variety and animal breed denominations, and relation to intellectual property rights; defining additional rules for joint applications concerning more than one national territory and complementing the rules of the application process for traditional specialities guaranteed; complementing the rules for the opposition procedure for traditional specialities guaranteed to establish detailed procedures and deadlines; supplementing the rules regarding the amendment application process for traditional specialities guaranteed; supplementing the rules regarding the cancellation process for traditional specialities guaranteed; laying down detailed rules relating to the criteria for optional quality terms; reserving an additional optional quality term, laying down its conditions of use; laying down derogations to the use of the term ‘mountain product’ and establishing the methods of production, and other criteria relevant for the application of that optional quality term, in particular, laying down the conditions under which raw materials or feedstuffs are permitted to come from outside the mountain areas. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making35 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. | (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 scrutiny of third country geographical indications other than geographical indications under the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications34, proposed for protection pursuant to international negotiations or international agreements; establishing appropriate criteria for monitoring performance of the EUIPO in the execution of the tasks entrusted to it; laying down additional rules on the use of geographical indications to identify ingredients in processed products; laying down additional rules for determining the generic status of terms; establishing the restrictions and derogations with regard to the sourcing of feed in the case of a designation of origin; establishing restrictions and derogations with regard to the slaughtering of live animals or with regard to the sourcing of raw materials; laying down rules for determining the use of the denomination of a plant variety or of an animal breed; laying down rules which limit the information contained in the product specification for geographical indications and traditional specialities guaranteed; laying down further details of the eligibility criteria for traditional specialities guaranteed; laying down additional rules to provide for appropriate certification and accreditation procedures to apply in respect of product certification bodies; laying down additional rules to further detail protection of traditional specialities guaranteed; laying down for traditional specialities guaranteed additional rules for determining the generic status of terms, conditions for use of plant variety and animal breed denominations, and relation to intellectual property rights; defining additional rules for joint applications concerning more than one national territory and complementing the rules of the application process for traditional specialities guaranteed; complementing the rules for the opposition procedure for traditional specialities guaranteed to establish detailed procedures and deadlines; supplementing the rules regarding the amendment application process for traditional specialities guaranteed; supplementing the rules regarding the cancellation process for traditional specialities guaranteed; laying down detailed rules relating to the criteria for optional quality terms; reserving an additional optional quality term, laying down its conditions of use; laying down derogations to the use of the term ‘mountain product’ and establishing the methods of production, and other criteria relevant for the application of that optional quality term, in particular, laying down the conditions under which raw materials or feedstuffs are permitted to come from outside the mountain areas. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making35. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. |
| _________________ | _________________ |
| 34 https://www.wipo.int/publications/en/details.jsp?id=3983 | 34 https://www.wipo.int/publications/en/details.jsp?id=3983 |
| 35 OJ L 123, 12.5.2016, p. 1. | 35 OJ L 123, 12.5.2016, p. 1. |
Amendment 17
Proposal for a regulation
Article 1 – paragraph 1 – point b
| Text proposed by the Commission | Amendment |
| (b) traditional specialities guaranteed and optional quality terms for agricultural products. | (b) traditional specialities guaranteed. |
Amendment 18
Proposal for a regulation
Article 1 – paragraph 1 – point b a (new)
| Text proposed by the Commission | Amendment |
| (ba) optional quality terms for agricultural products. |
Amendment 19
Proposal for a regulation
Article 4 – paragraph 1 – point a
| Text proposed by the Commission | Amendment |
| (a) producers acting collectively have the necessary powers and responsibilities to manage their geographical indication, including 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; | (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 Union internal market and international markets; |
Amendment 20
Proposal for a regulation
Article 4 – paragraph 1 – point a a (new)
| Text proposed by the Commission | Amendment |
| (aa) a fair return for producers for the quality of their products; |
Amendment 21
Proposal for a regulation
Article 4 – paragraph 1 – point a b (new)
| Text proposed by the Commission | Amendment |
| (ab) 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 22
Proposal for a regulation
Article 4 – paragraph 1 – point a c (new)
| Text proposed by the Commission | Amendment |
| (ac) 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 23
Proposal for a regulation
Article 4 – paragraph 1 – point b
| Text proposed by the Commission | Amendment |
| (b) fair competition for producers in the marketing chain; | (b) that the added value associated with geographical indications is fairly shared across the supply chain; |
Amendment 24
Proposal for a regulation
Article 4 – paragraph 1 – point c
| Text proposed by the Commission | Amendment |
| (c) consumers receive reliable information and a guarantee of authenticity of such products and can readily identify them in the marketplace including in electronic commerce; | (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 25
Proposal for a regulation
Article 4 – paragraph 1 – point d
| Text proposed by the Commission | Amendment |
| (d) efficient registration of geographical indications taking into account the appropriate protection of intellectual property rights; and | (d) efficient registration of geographical indications taking into account the uniform, appropriate and effective protection of intellectual property rights within the internal market, including the Union digital market, and in third country markets; |
Amendment 26
Proposal for a regulation
Article 4 – paragraph 1 – point e
| Text proposed by the Commission | Amendment |
| (e) effective enforcement and marketing throughout the Union and in electronic commerce ensuring the integrity of the internal market. | (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 27
Proposal for a regulation
Article 4 – paragraph 1 – point e a (new)
| Text proposed by the Commission | Amendment |
| (ea) 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 28
Proposal for a regulation
Article 5 – paragraph 2
| Text proposed by the Commission | Amendment |
| 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, the common organisation of the markets, the competition rules and the provision of food information to consumers. | 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, biodiversity protection and decent work conditions the common organisation of the markets, the competition rules and the provision of food information to consumers. Compliance with those rules shall be verified by appropriate controls. |
Amendment 29
Proposal for a regulation
Article 7 – paragraph 1 – point g a (new)
| Text proposed by the Commission | Amendment |
| (ga) 'association of producer groups' means an organisation that promotes the interests of producers of products designated by different geographical indications. |
Amendment 30
Proposal for a regulation
Article 8 – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. An authority designated by a Member State 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. | 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 31
Proposal for a regulation
Article 8 – paragraph 4 a (new)
| Text proposed by the Commission | Amendment |
| 4a. The rules established under this Regulation shall not discriminate nor create barriers for all applicants, particularly for producers in the Union and third countries that qualify as micro, small or medium-sized enterprises within the meaning of the Annex to Recommendation 2003/361/EC. |
Amendment 32
Proposal for a regulation
Article 12 – paragraph 1
| Text proposed by the Commission | Amendment |
| 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 and go beyond good practice in significant respects in terms of social, environmental or economic undertakings. Such undertakings shall be specific, shall take account of existing sustainable practices employed for products designated by geographical indications, and may refer to existing sustainability schemes. | 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 be specific, shall take account of existing sustainable practices employed for products designated by geographical indications, and may refer to existing sustainability schemes. |
Amendment 33
Proposal for a regulation
Article 12 – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. The sustainability undertakings referred to in paragraph (1) shall be included in the product specification. | 2. The sustainability undertakings referred to in paragraph (1) may be included in the product specification. |
Amendment 34
Proposal for a regulation
Article 12 – paragraph 4
| Text proposed by the Commission | Amendment |
| 4. The Commission shall be empowered to adopt delegated acts in accordance with Article 84 defining sustainability standards in different sectors and laying down criteria for the recognition of existing sustainability standards to which producers of products designated by geographical indications may adhere. | deleted |
Amendment 35
Proposal for a regulation
Article 12 – paragraph 5
| Text proposed by the Commission | Amendment |
| 5. The Commission may adopt implementing acts defining a harmonised presentation of sustainability undertakings. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 53(2). | deleted |
Amendment 36
Proposal for a regulation
Article 14 – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. The Commission shall be empowered to adopt delegated acts in accordance with Article 84 supplementing this Regulation by provisions clarifying the requirements or listing additional items of the accompanying documentation to be supplied. | deleted |
Amendment 37
Proposal for a regulation
Article 17 – paragraph 1
| Text proposed by the Commission | Amendment |
| 1. The Commission shall scrutinise any application for registration that it receives pursuant to Article 16(1). Such scrutiny shall consist of a check that there are no manifest errors, that the information provided in accordance with Article 15 is complete and that the single document referred to in Article 13 is precise and technical in nature. It shall take into account the outcome of the national procedure carried out by the Member State concerned. It shall focus in particular on the single document referred to in Article 13. | 1. The Commission shall scrutinise any application for registration that it receives pursuant to Article 16(1) and (2). Such scrutiny shall consist of a check that there are no manifest errors, that the information provided in accordance with Article 15 is complete and that the single document referred to in Article 13 is precise and technical in nature. It shall take into account the outcome of the national procedure carried out by the Member State concerned. It shall focus in particular on the single document referred to in Article 13. |
Amendment 38
Proposal for a regulation
Article 17 – paragraph 5
| Text proposed by the Commission | Amendment |
| 5. The Commission shall be empowered to adopt delegated acts in accordance with Article 84 supplementing this Regulation by rules on entrusting EUIPO with the tasks set out in this Article. | deleted |
Or. fr
Amendment 39
Proposal for a regulation
Article 19 – paragraph 10
| Text proposed by the Commission | Amendment |
| 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 and by rules on entrusting its tasks set out in this Article to EUIPO. | 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 40
Proposal for a regulation
Article 19 – paragraph 11
| Text proposed by the Commission | Amendment |
| 11. The Commission may adopt implementing acts defining the format and online presentation of oppositions and official comments, if applicable, and providing for the exclusion or anonymisation of protected personal data. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 53(2). | deleted |
Amendment 41
Proposal for a regulation
Article 23 – paragraph 5 a (new)
| Text proposed by the Commission | Amendment |
| 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 five years of existence, to request the corresponding inclusion in the relevant list for their protection. |
Amendment 42
Proposal for a regulation
Article 23 – paragraph 5 b (new)
| Text proposed by the Commission | Amendment |
| 5b. In the context of international trade agreements negotiations, the Commission shall consult recognised producer groups with regard to the protection of their name. |
Amendment 43
Proposal for a regulation
Article 23 – paragraph 7
| Text proposed by the Commission | Amendment |
| 7. The Commission shall be empowered to adopt delegated acts in accordance with Article 84 supplementing this Regulation by rules on entrusting EUIPO to operate the Union register of geographical indications. | deleted |
Amendment 44
Proposal for a regulation
Article 25 – paragraph 10
| Text proposed by the Commission | Amendment |
| 10. The Commission shall be empowered to adopt delegated acts in accordance with Article 84 supplementing this Regulation by provisions entrusting EUIPO with the publication of standard amendments referred to in paragraph (9). | deleted |
Or. fr
Amendment 45
Proposal for a regulation
Article 26 – paragraph 6
| Text proposed by the Commission | Amendment |
| 6. The Commission shall be empowered to adopt delegated acts in accordance with Article 84 supplementing this Regulation by rules entrusting EUIPO with the tasks set out in paragraph (5). | deleted |
Or. fr
Amendment 46
Proposal for a regulation
Article 27 – paragraph 1 – point a
| Text proposed by the Commission | Amendment |
| (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; | (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 geographical indication including where those products are used as ingredients; |
Amendment 47
Proposal for a regulation
Article 27 – paragraph 1 – point b
| Text proposed by the Commission | Amendment |
| (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 or accompanied by an expression such as ‘style’, ‘type’, ‘method’, ‘as produced in’, ‘imitation’, ‘flavour’, ‘like’ or similar. | (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 where those products are used as ingredients; |
Amendment 48
Proposal for a regulation
Article 27 – paragraph 1 – point c
| Text proposed by the Commission | Amendment |
| (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 relating to the product concerned, and the packing of the product in a container liable to convey a false impression as to its origin; | (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 49
Proposal for a regulation
Article 27 – paragraph 1 – point d
| Text proposed by the Commission | Amendment |
| (d) any other practice liable to mislead the consumer as to the true origin of the product. | deleted |
Amendment 50
Proposal for a regulation
Article 27 – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. For the purposes of paragraph (1), point (b), the evocation of a geographical indication shall arise, in particular, where a term, sign, or other labelling or packaging device presents a direct and clear link with the product covered by the registered geographical indication in the mind of the reasonably circumspect consumer, thereby exploiting, weakening, diluting or being detrimental to the reputation of the registered name. | 2. For the purposes of paragraph (1), point (b), the evocation of a geographical indication shall arise, in particular, where a term, a sign, albeit figurative, or a symbol or other labelling or packaging device or form of presentation presents a phonetic or visual similarity with the registered name, thereby unduly capitalising on its image in such a way as to lead a normally informed and reasonably observant and circumspect consumer to assume, by association of ideas, that it in fact relates to the product designated by the geographical indication. |
Amendment 51
Proposal for a regulation
Article 27 – paragraph 4 – point a a (new)
| Text proposed by the Commission | Amendment |
| (aa) goods produced in the Union and destined to be exported and commercialised in third countries and |
Amendment 52
Proposal for a regulation
Article 27 – paragraph 7
| Text proposed by the Commission | Amendment |
| 7. Where a geographical indication is a compound name which contains a term which is considered to be generic, the use of that term shall not constitute a conduct referred to in paragraph (1), point (a) and (b). | deleted |
Amendment 53
Proposal for a regulation
Article 27 – paragraph 7 a (new)
| Text proposed by the Commission | Amendment |
| 7a. 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 54
Proposal for a regulation
Article 32 – paragraph 1
| Text proposed by the Commission | Amendment |
| 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 the producer group operates in a transparent and democratic manner and that all producers of the product designated by the geographical indication enjoy right of membership in the group. Member States may provide that public officials, and other stakeholders such as consumer groups, retailers and suppliers, also participate in the works of the producer group. | 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 55
Proposal for a regulation
Article 32 – paragraph 2 – introductory part
| Text proposed by the Commission | Amendment |
| 2. A producer group may exercise in particular the following powers and responsibilities: | 2. A producer group may exercise in particular the following non-exhaustive powers and responsibilities: |
Amendment 56
Proposal for a regulation
Article 32 – paragraph 2 – point b
| Text proposed by the Commission | Amendment |
| (b) take legal action to ensure protection of the geographical indication and of the intellectual property rights that are directly connected with it; | (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 57
Proposal for a regulation
Article 32 – paragraph 2 – point e
| Text proposed by the Commission | Amendment |
| (e) combat counterfeiting and suspected fraudulent uses on the internal market 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. | (e) combat counterfeiting and suspected fraudulent uses on the internal market, including the Union digital market, and in third country 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 58
Proposal for a regulation
Article 33 – paragraph 1
| Text proposed by the Commission | Amendment |
| 1. Upon a request of producer groups fulfilling the conditions of paragraph 3, Member States shall designate, in accordance with their national law, one producer group as recognised producer group for each geographical indication originating in their territory that is registered or is subject to an application for registration or for product names that are a potential subject for application for registration. | 1. Upon a request of a producer group, Member States or, in accordance with an international agreement to which the Union is a contracting party, third countries shall designate, in accordance with their national law, one producer group as recognised producer group for a specific geographical indication or for two or more geographical indications originating in their territory, that are registered or are subject to an application for registration or for product names that are a potential subject for application for registration. |
Amendment 59
Proposal for a regulation
Article 33 – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. A producer group may be designated as recognised producer group subject to a prior agreement concluded between at least two-thirds of the producers of the product bearing a geographical indication, accounting for at least two-thirds of the production of that product in the geographical area referred to in the product specification. As an exception, an authority, as referred to in Article 8(2), and a single producer, as referred to in Article 8(3), shall be deemed to be a recognised producer group. | 2. A producer group may be designated as recognised producer group when it comprises the majority of the producers of the product bearing a geographical indication and at least two-thirds of the production of that product in the geographical area referred to in the product specification. As an exception, an authority, as referred to in Article 8(2), and a single producer, as referred to in Article 8(3), shall be deemed to be a recognised producer group. |
Amendment 60
Proposal for a regulation
Article 33 – paragraph 2 a (new)
| Text proposed by the Commission | Amendment |
| 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 61
Proposal for a regulation
Article 33 – paragraph 3 – point d a (new)
| Text proposed by the Commission | Amendment |
| (da) to liaise with the Commission in the context of negotiations on international agreements as regards the protection of the geographical indications. |
Amendment 62
Proposal for a regulation
Article 33 – paragraph 3 a (new)
| Text proposed by the Commission | Amendment |
| 3a. In the context of international trade agreements negotiations, the Commission shall consult recognised producer groups with regards to the protection of their name |
Amendment 63
Proposal for a regulation
Article 33 – paragraph 5
| Text proposed by the Commission | Amendment |
| 5. Member States shall carry out checks in order to ensure that the conditions laid down in paragraph 2 are complied with. Where the competent national authorities find that such conditions have not been complied with, Member States shall annul the decision on the recognition of the producer group. | 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 for the recognition of the producer group are complied with. Where the competent national authorities find that such conditions have not been complied with, Member States shall annul the decision on the recognition of the producer group. |
Amendment 64
Proposal for a regulation
Article 33 – paragraph 5 a (new)
| Text proposed by the Commission | Amendment |
| 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 65
Proposal for a regulation
Article 33 a (new)
| Text proposed by the Commission | Amendment |
| Article 33a | |
| Associations of producer groups | |
| 1. An association of producer groups may be set up on the initiative of interested producer groups. | |
| 2. An association of producer groups may exercise in particular the following functions: | |
| (a) participating in consultative bodies; | |
| (b) exchanging information with public authorities on geographical indication policy-related topics; | |
| (c) making recommendations to improve the development of geographical indication policies, in particular with regard to sustainability, the fight against fraud and counterfeiting, the creation of value among operators, competition rules and rural development; | |
| (d) promoting and disseminating best practices among producers on geographical indication policies. |
Amendment 66
Proposal for a regulation
Article 34 – paragraph 1
| Text proposed by the Commission | Amendment |
| 1. Country-code top-level domain name registries established in the Union may, upon the request of a natural or legal person having a legitimate interest or rights, revoke or transfer a domain name registered under such country-code top-level domain to the recognised producer group of the products with the geographical indication concerned, following an appropriate alternative dispute resolution procedure or judicial procedure, if such domain name has been registered by its holder without rights or legitimate interest in the geographical indication or if it has been registered or is being used in bad faith and its use contravenes Article 27. | 1. Top-level domain name registries operating in the Union shall, ex-officio or upon the request of a natural or legal person having a legitimate interest or rights, revoke or transfer a domain name registered under such top-level domain to the recognised producer group of the products with the geographical indication concerned, following an appropriate alternative dispute resolution procedure or judicial procedure, if such domain name has been registered by its holder without rights or legitimate interest in the geographical indication or if it has been registered or is being used in bad faith and its use contravenes Article 27. |
Amendment 67
Proposal for a regulation
Article 34 – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. Country-code top-level domain name registries established in the Union shall ensure that any alternative dispute resolution procedure established to solve disputes relating to the registration of domain names referred to in paragraph (1), shall recognise geographical indications as rights that may prevent a domain name from being registered or used in bad faith. | 2. Top-level domain name registries operating in the Union shall ensure that any alternative dispute resolution procedure established to solve disputes relating to the registration of domain names referred to in paragraph (1), shall recognise geographical indications as rights that may prevent a domain name from being registered or used in bad faith. |
Amendment 68
Proposal for a regulation
Article 34 – paragraph 3
| Text proposed by the Commission | Amendment |
| 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. That delegated act shall also include the obligation for registries of country-code top-level domain names, established in the Union, to provide EUIPO with the relevant information and data. | 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. EUIPO may be empowered under those delegated acts to monitor registration of domain names in the Union which could conflict with the names included in the Union register of geographical indications. Those delegated act shall also include the obligation for registries of country-code top-level domain names and the EURid, operating in the Union, to provide EUIPO with the relevant information and data. |
Amendment 69
Proposal for a regulation
Article 37 – paragraph 2
| Text proposed by the Commission | Amendment |
| 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 shall appear in the same field of vision as the Union symbol. 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. | 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 70
Proposal for a regulation
Article 37 – paragraph 5 – subparagraph 2
| Text proposed by the Commission | Amendment |
| The abbreviations ‘PDO’ or ‘PGI’, corresponding to the indications ‘protected designation of origin’ or ‘protected geographical indication’, may appear on the labelling of wine and of agricultural products designated by a geographical indication. | The abbreviations ‘PDO’ or ‘PGI’, corresponding to the indications ‘protected designation of origin’ or ‘protected geographical indication’, shall appear on the labelling of wine and of agricultural products designated by a geographical indication. |
Amendment 71
Proposal for a regulation
Article 37 – paragraph 9
| Text proposed by the Commission | Amendment |
| 9. Where an application is rejected, any products labelled in accordance with paragraph (6) may be marketed until the stocks are exhausted. | deleted |
Amendment 72
Proposal for a regulation
Article 38 – paragraph 3
| Text proposed by the Commission | Amendment |
| 3. When performing the controls and enforcement activities provided for in this Title, the responsible competent authorities and product certification bodies 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. | 3. When performing the controls and enforcement activities provided for in this Title, the responsible competent authorities and product certification bodies in the Member States and in 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 73
Proposal for a regulation
Article 39 – paragraph 3 a (new)
| Text proposed by the Commission | Amendment |
| 3a. Internal controls as referred to in paragraph 2 and third party verification as referred to in paragraph 3 shall ensure compliance with current sanitary and phytosanitary rules and environmental, social and animal welfare standards. |
Amendment 74
Proposal for a regulation
Article 42 – paragraph 3
| Text proposed by the Commission | Amendment |
| 3. Member States shall take appropriate administrative and judicial steps to prevent or stop the use of names of products or services 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. | 3. Member States shall take appropriate administrative and judicial steps to prevent or stop the use of names of products or services that are produced, operated or marketed in their territory, whether physically or through retail websites, and that contravenes the protection of geographical indications provided for in Article 27 and Article 28. |
Amendment 75
Proposal for a regulation
Article 42 – paragraph 3
| Text proposed by the Commission | Amendment |
| 3. Member States shall take appropriate administrative and judicial steps to prevent or stop the use of names of products or services 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. | 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 76
Proposal for a regulation
Article 46 – paragraph 1
| Text proposed by the Commission | Amendment |
| 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, other than geographical indications under the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications, proposed for protection pursuant to international negotiations or international agreements. | deleted |
Or. en
Amendment 77
Proposal for a regulation
Article 46 – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
| 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 Union, regardless of the specific process that has been followed to register or recognise them in the Union. |
Amendment 78
Proposal for a regulation
Article 46 – paragraph 1 b (new)
| Text proposed by the Commission | Amendment |
| The Commission shall approve equivalences of third countries with Member States once the requirements of paragraph 2 have been met. |
Amendment 79
Proposal for a regulation
Article 47 – paragraph 1 – introductory part
| Text proposed by the Commission | Amendment |
| 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 may include: | 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 shall include, in particular : |
Amendment 80
Proposal for a regulation
Article 47 – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. No later than 5 years after the first delegation of any tasks to EUIPO, the Commission shall prepare and submit a report to the European Parliament and to the Council on the results and experience of the exercise of these tasks by EUIPO. | 2. No later than 2 years after the first delegation of any tasks to EUIPO, the Commission shall prepare and submit a report to the European Parliament and to the Council on the results and experience of the exercise of these tasks by EUIPO. |
Amendment 81
Proposal for a regulation
Article 51 – paragraph 1 – point g
| Text proposed by the Commission | Amendment |
| (g) any specific labelling rule for the product in question; | (g) any specific rule on the labelling and presentation of essential information in brick-and-mortar retail or e-commerce for the product in question; |
Amendment 82
Proposal for a regulation
Article 52 – paragraph 1 – point a
| Text proposed by the Commission | Amendment |
| (a) the main points of the product specification, namely: the name, a description of the product, including, where appropriate, specific rules concerning packaging and labelling and a concise definition of the geographical area; | (a) the main points of the product specification, namely: the name, a description of the product, including, where appropriate, specific rules concerning packaging, labelling and commercial presentation, including on retail websites, together with a concise definition of the geographical area; |
Amendment 83
Proposal for a regulation
Article 67 – paragraph 3
| Text proposed by the Commission | Amendment |
| 3. The Commission shall be empowered to adopt delegated acts in accordance with Article 84 supplementing the rules regarding the procedure for the amendment of a product specification. | deleted |
Amendment 84
Proposal for a regulation
Article 73 – paragraph 10
| Text proposed by the Commission | Amendment |
| 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 and 5. | 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 6. |
Amendment 85
Proposal for a regulation
Article 84a (new)
| Text proposed by the Commission | Amendment |
| The Commission shall be empowered to adopt delegated acts in accordance with Article 84 supplementing this Regulation with rules entrusting EUIPO with the possibility of supporting the Union producers, in particular small and medium-sized producers, and producer groups with the necessary assistance in providing information in order to protect their rights and comply with different regulatory frameworks in foreign markets, including in relation to trade agreements. |