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

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 protected name.

Or. it

Amendment 2

Proposal for a regulation

Article 37 – paragraph 3

Text proposed by the Commission	Amendment
(3) By way of derogation from paragraph (2), in the case of wine and spirit drinks originating in the Union that are marketed under a geographical indication, Union symbols may be omitted from the labelling and advertising material of the product concerned.	(3) By way of derogation from paragraph (2), in the case of wine and spirit drinks originating in the Union that are marketed under a geographical indication, Union symbols may be omitted from the labelling and advertising material of the product concerned. In the case of wines originating in the Union and marketed as GIs, Member States may authorise the use of specific traditional designations as an alternative or in addition to Union symbols and PDO/PGI designations.

Or. it

Amendment 3

Proposal for a regulation

Article 37 – paragraph 6

Text proposed by the Commission	Amendment
(6) Indications, abbreviations and Union symbols may be used in the labelling and advertising materials of processed products when the geographical indication refers to an ingredient thereof. In that case, the indication, abbreviation or Union symbol shall be placed next to the name of the ingredient that is clearly identified as an ingredient. The Union symbol shall not be placed in association with the name of the food within the meaning of Article 17 of Regulation (EU) No 1169/2011 or in a manner that suggests to the consumer that the processed product rather than the ingredient is the object of registration.	(6) Indications, abbreviations and Union symbols may be used in the labelling and advertising materials of processed products when the geographical indication refers to an ingredient thereof. In that case, the indication, abbreviation or Union symbol shall be placed next to the name of the ingredient that is clearly identified as an ingredient. The Union symbol shall not be placed in association with the name of the food within the meaning of Article 17 of Regulation (EU) No 1169/2011 or in a manner that suggests to the consumer that the processed product rather than the ingredient is the object of registration. This does not apply in the case of GI-designated wines and use of the protected name and symbols must be authorised by the specific protection consortium in order to avoid unregulated exploitation of the reputation enjoyed by that designation.

Or. it

Amendment 4

Proposal for a regulation

Article 49 – paragraph 4 a (new)

Text proposed by the Commission	Amendment
	(4a) Article 49 shall not apply to wine for which the registration and protection of indigenous grape varieties constituting the designation of origin is authorised if they are traditionally used to designate the wine in accordance with Article 93(2) of Regulation (EU) No 1308/2013 of the European Parliament and of the Council .

Or. it