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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

JURI-AD-736693

Committee on Legal Affairs · Rapporteur: Adrián Vázquez Lázara

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The Committee on Legal Affairs gives its opinion on the proposed regulation on EU geographical indications for wine, spirit drinks and agricultural products. It calls on the lead committee to take into account 100 amendments. The amendments clarify the role of the European Union Intellectual Property Office (EUIPO), which should pre-examine applications, support the Commission in opposition procedures, and maintain the Union register of geographical indications. They also add rules on notices of comments, domain names, trade marks, controls and enforcement, and the rights of applicants.

Committee position. The Committee on Legal Affairs proposes 100 amendments to the Commission proposal. It wants the EUIPO's role clarified and limited to technical support, with DG AGRI retaining substantive tasks, and adds rules on notices of comments, domain names, trade marks and enforcement.

Key points

  1. The rapporteur welcomes the Commission proposal to strengthen protection of geographical indications and quality schemes for agricultural products.
  2. The rapporteur wants the role of the EUIPO vis-à-vis DG AGRI and the agricultural GI system clarified, with tasks delineated directly in the regulation.
  3. The EUIPO should perform technical supporting tasks such as scrutinising applications, informing applicants of delays, seeking supplementary information, handling publication, managing opposition and running an alert system on domain names.
  4. Analysis of the product specification and Union amendments should remain with DG AGRI.
  5. The rapporteur seeks coherence between the revised system for agricultural GIs and the proposed system for craft GIs.
  6. Amendment 21 adds that the EUIPO shall pre-examine applications the Commission receives, checking for manifest errors, completeness of information and the precision of the single document, and deliver its opinion to the Commission.
  7. Amendment 25 sets that the examination shall not exceed 6 months, extendable by a maximum of 3 months in duly justified cases.
  8. Amendment 44 introduces a notice of comments procedure allowing competent authorities or interested persons to correct inaccuracies within three months of publication.
  9. Amendments 78 to 80 require country-code and other top-level domain name registries in the Union to revoke or transfer domain names registered without rights or in bad faith, and task the EUIPO with a domain name alert system.
  10. Amendment 83 adds that an application for registration of a geographical indication shall be rejected where, in light of a well known trade mark or its reputation, the name is liable to mislead consumers.
  11. Amendments 91 and 92 require enforcement authorities to carry out controls based on risk analysis and notifications, and member states to take steps against unlawful use physically or via the internet.
  12. Amendment 99 requires the Commission to report to Parliament and the Council on the results and experience of the tasks exercised by the EUIPO no later than 3 years after the date of entry into force of the regulation.

Who is affected

  • EUIPO: given tasks in pre-examining applications, supporting opposition procedures, maintaining the Union register and running a domain name alert system.
  • DG AGRI and the Commission: retain responsibility for registration, amendment, cancellation and analysis of product specifications.
  • Producers and producer groups: may apply to amend product specifications and are responsible for compliance before placing products on the market.
  • Member states: must inform the Commission of national proceedings, draw up lists of producers and take enforcement steps.
  • Domain name registries in the Union: must revoke or transfer domain names registered without rights or in bad faith and provide information to EUIPO.

Figures and deadlines

  • 60 days to complete or correct an incomplete application.
  • 14 days to complete or correct after suspension, or the application will be rejected.
  • 6 months maximum examination period, extendable by a maximum of 3 months.
  • 3 months from publication to lodge an opposition.
  • 5 months from publication and within 30 days after receipt of an opposition to invite consultations.
  • Consultations shall not exceed 3 months, extendable by a maximum of 3 months.
  • 1 month from the end of consultations to notify the Commission of the result.
  • Transitional period for compliance of up to 10 years, with at least 5 years of prior marketing.