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

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

INTA-PA-731609

Committee on International Trade · Rapporteur: Danilo Oscar Lancini

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The Committee on International Trade gives its draft opinion on the Commission proposal for a regulation on EU geographical indications for wine, spirit drinks and agricultural products. It supports the proposal as a starting basis and asks the committee responsible to take up four amendments. The rapporteur wants stronger international protection of geographical indications, their recognition in trade agreements, and equal treatment for third-country geographical indications listed in those agreements. The amendments widen the definition of evocation, allow member states to authorise traditional designations for wines, require consortium authorisation for using protected names on processed products, and exempt certain wines from Article 49.

Committee position. The rapporteur takes note of the Commission proposal, supports several of its initiatives and proposes four amendments to make the geographical indication system more effective in protection and transparency and to strengthen its trade dimension.

Key points

  1. The rapporteur treats geographical indications as more than an intellectual property right: they are a rural development and agriculture policy tool and part of Europe's heritage.
  2. The rapporteur supports several initiatives in the Commission proposal and sees room to make the geographical indication system more effective in protection and transparency.
  3. The rapporteur asks that geographical indications contribute to the integrity of the internal market and to fair trade with third countries.
  4. The rapporteur wants action against infringements, abuses, evocations, food fraud, unfair competition and consumer deception.
  5. The rapporteur asks that all actors in the chain from production to export treat geographical indications as linked to European local cultural and food traditions in trade negotiations.
  6. The rapporteur wants all free trade agreements and negotiated trade agreements to observe geographical indication protection, ideally protecting all EU geographical indications through recognition of the European system.
  7. The rapporteur agrees that protection upon registration should be equally available to third-country geographical indications protected in their country of origin and listed in the relevant trade agreement, with the Commission carrying out the procedures.
  8. Amendment 1 replaces the evocation test in Article 27(2) with one based on phonetic or visual similarity to the registered name that unduly capitalises on its image and leads a normally informed and reasonably observant and circumspect consumer to assume association of ideas.
  9. Amendment 2 lets member states authorise specific traditional designations for Union wines marketed as geographical indications, as an alternative or in addition to Union symbols and PDO/PGI designations.
  10. Amendment 3 exempts geographical-indication-designated wines from the rule on placing indications and symbols next to the ingredient name, and requires the specific protection consortium to authorise use of the protected name and symbols.
  11. Amendment 4 adds a new Article 49(4a) so that Article 49 does not apply to wine whose designation of origin is based on indigenous grape varieties traditionally used to designate the wine under Article 93(2) of Regulation (EU) No 1308/2013.

Who is affected

  • Producers of wine, spirit drinks and agricultural products using geographical indications, who gain protection and transparency rules.
  • Member states, which may authorise specific traditional designations for Union wines marketed as geographical indications.
  • Specific protection consortia, which must authorise use of protected names and symbols on processed products containing geographical-indication-designated wines.
  • Third countries, whose geographical indications may get equal protection if protected at home and listed in a trade agreement.
  • Consumers, who are to be protected from deception and from assuming an association of ideas with a registered name.