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Adopted text

Geographical indications for wine, spirit drinks and agricultural products

TA-9-2023-0210 · P9_TA(2023)0210 · PE736.493

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Parliament's amended version of the proposed regulation sets up a single system of geographical indications for wine, spirit drinks and agricultural products, replacing Regulation (EU) No 1151/2012. It keeps the Commission in charge of registering, amending and cancelling geographical indications, and gives the European Union Intellectual Property Office (EUIPO) the task of maintaining the Union register. It lets producer groups agree sustainability undertakings that go beyond Union or national law, and requires the Commission to support small producers with training and funding. It strengthens protection against misuse, counterfeiting and online abuse, including rules on domain names, and clarifies how geographical indications and trade marks coexist. It introduces a new optional quality term 'farmer's product' and keeps traditional specialities guaranteed (TSGs) under the same register.

Key points

  1. The regulation covers protected designations of origin (PDOs) and protected geographical indications (PGIs) for wine, agricultural products and foodstuffs, geographical indications for spirit drinks, traditional specialities guaranteed (TSGs) and optional quality terms.
  2. It aims to help producers get a fair return, support rural development, ensure fair competition, give consumers reliable information and guarantee simple registration and effective enforcement.
  3. Producer groups may agree sustainability undertakings that go beyond Union or national law on social, environmental, economic or animal health and welfare matters, and may include them in the product specification or in separate initiatives.
  4. Producer groups may prepare a sustainability report based on internal audits, and the Commission may set a harmonised format for it.
  5. The Commission examines applications within five months, extendable by three months, and may seek supplementary information within three months of submission.
  6. Oppositions may be lodged within three months of publication; the Commission examines admissibility and invites consultations of up to three months, extendable by three months.
  7. A new notice of comment procedure lets authorities or interested persons correct inaccuracies within three months of publication, without becoming a party to the procedure.
  8. The Union register of geographical indications is maintained by EUIPO, made public in machine-readable format, and any person may download an official extract free of charge.
  9. Geographical indications are protected against direct or indirect commercial use, misuse, imitation, evocation and false indications, including on domain names and in electronic commerce.
  10. Top-level and other domain name registries operating in the Union must revoke or transfer domain names registered without rights or in bad faith, and must recognise geographical indications in dispute resolution.
  11. Trade mark applications that would contravene protection are rejected if filed after the geographical indication application, while earlier good-faith trade marks may continue to be used.
  12. A new optional quality term 'farmer's product' is introduced, with criteria to be drawn up by Member States.

Who is affected

  • Producers of wine, spirit drinks and agricultural products, who gain collective powers and may agree sustainability undertakings.
  • Micro, small and medium-sized producers, who must not face disproportionate burdens or barriers.
  • Domain name registries operating in the Union, which must revoke or transfer bad-faith domain names.
  • Third-country producers, who may use registered names if they comply with the specification and are covered by comparable controls.
  • Member States, which designate recognised producer groups, draw up producer lists and take enforcement steps.

Figures and deadlines

  • 'at least 30 years' — period of proven historical usage for a product to be considered traditional.
  • 'at least 2 months' — period from publication within which opposition may be lodged in the national procedure.
  • 'five months' — maximum examination period for the Commission, extendable by 'a maximum of three months'.
  • '3 months' — period from publication within which opposition may be lodged with the Commission.
  • '5 months' and '30 days' — deadlines for the Commission to invite consultations after an admissible opposition.
  • 'up to 15 years' — maximum extension of a transitional period by the Commission.
  • 'up to 10 years' — transitional period for compliance a Member State may grant, with 'at least 5 years' prior continuous marketing.
  • '50 % of dry matter on an annual basis' — maximum feed sourced from outside the geographical area.