# EUR-Lex - 52006AP0094 - EN

Important legal notice

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# 52006AP0094

**European Parliament legislative resolution on the proposal for a Council regulation on agricultural products and foodstuffs as traditional specialities guaranteed (COM(2005)0694 - C6-0026/2006 - 2005/0270(CNS)) **

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Official Journal 291 E , 30/11/2006 P. 0389 - 0393 *

P6_TA(2006)0094

Agricultural products and foodstuffs as traditional specialities guaranteed *

European Parliament legislative resolution on the proposal for a Council regulation on agricultural products and foodstuffs as traditional specialities guaranteed (COM(2005)0694 — C6-0026/2006 — 2005/0270(CNS))

(Consultation procedure)

The European Parliament,

- having regard to the Commission proposal to the Council (COM(2005)0694) [1],

- having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0026/2006),

- having regard to Rule 51 of its Rules of Procedure,

- having regard to the report of the Committee on Agriculture and Rural Development (A6-0033/2006),

1. Approves the Commission proposal as amended;

2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;

3. Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

4. Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;

5. Instructs its President to forward its position to the Council and Commission.

Amendment 1

Recital 7

(7) The labelling of agricultural products and foodstuffs is subject to the general rules laid down in Council Directive 2000/13/EC of 20 March 2000 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs. In view of their specific character, however, special additional provisions should be adopted for traditional specialities guaranteed. In order to make for easier and quicker identification of traditional specialities guaranteed produced within the Community, use of the expressions and Community symbols concerned should be made obligatory on their labelling, while affording operators a reasonable amount of time to adjust to this requirement.

(7) The labelling of agricultural products and foodstuffs is subject to the general rules laid down in Directive 2000/13/EC of the European Parliament and of the Council of 20 March 2000 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs. In view of their specific character, however, special additional provisions should be adopted for traditional specialities guaranteed. In order to make for easier and quicker identification of traditional specialities guaranteed produced within the Community, use of the expressions and the specific Community symbol associated with the relevant traditional speciality guaranteed should be made obligatory on their labelling, while affording operators a reasonable amount of time to adjust to this requirement.

Amendment 2

Recital 7 a (new)

(7a) With regard to the extension of the scope of application of this Regulation to products from third countries, and in order to safeguard consumers against the risk of confusion between the Community symbol and the origin of the product, the label should indicate the place of origin and the place of processing of the agricultural product or foodstuff marketed, with an indication of the traditional speciality guaranteed.

Amendment 3

Article 2, paragraph 1, point (b)

(b) "traditional" means proven usage on the Community market for a period at least equal to that generally ascribed to a human generation;

(b) "traditional" means a product that has proven specific characteristics which distinguish it from other similar products in the same category, and that has been used on the market since before the Second World War;

Amendment 4

Article 3, paragraph 1

Amendment 5

Article 3, paragraph 2 a (new)

Amendment 6

Article 7, paragraph 3, point (d a) (new)

(da) any other information which, on duly justified grounds, the Member State considers to be necessary.

Amendment 7

Article 7, paragraph 5, subparagraph 1

5. When undertaking the scrutiny referred to in the second subparagraph of paragraph 4, Member States shall introduce a national objection procedure ensuring adequate publication of the application and providing for a reasonable period in which any legitimately concerned individual established on its territory may lodge an objection to the application.

5. When undertaking the scrutiny referred to in the second subparagraph of paragraph 4, Member States shall introduce a national objection procedure ensuring adequate publication of the application and providing for a period of 3 months within which any legitimately concerned individual established on its territory may lodge an objection to the application.

Amendment 17

Article 7, paragraph 7, subparagraph 1 a (new)

Amendment 8

Article 8, paragraph 1, subparagraph 1

1. The Commission shall scrutinise the application in order to check that it is justified and meets the conditions laid down in this Regulation.

1. Within a period of four months of receipt, the Commission shall scrutinise the application in order to check that it is justified and meets the conditions laid down in this Regulation.

Amendment 9

Article 8, paragraph 2, subparagraph 1

2. Where the conditions of this Regulation appear to be met, the Commission shall publish in the Official Journal of the European Union the product specification referred to in Article 6, and the details of the applicant group and of the inspection structure(s) laid down in Article 15.

2. Where the conditions of this Regulation appear to be met and within a period of no longer than six months from the date of receipt of the application referred to in Article 7(6), the Commission shall publish in the Official Journal of the European Union the product specification referred to in Article 6, and the details of the applicant group and of the inspection structure(s) laid down in Article 15.

Amendment 10

Article 9, paragraph 4, subparagraph 2

Amendment 11

Article 12, paragraph 2

2. Where reference is made to a traditional speciality guaranteed on the labelling of an agricultural product or foodstuff produced within the Community, the registered name, the expression "traditional speciality guaranteed" or its abbreviation "TSG" as well as the associated Community symbol shall appear thereon.

2. Where reference is made to a traditional speciality guaranteed on the labelling of an agricultural product or foodstuff produced within the Community, the registered name, the expression "traditional speciality guaranteed" or its abbreviation "TSG" as well as the specific associated Community symbol shall appear thereon.

Amendment 12

Article 12, paragraph 3 a (new)

3a. The place of origin and the place of processing of each agricultural product or foodstuff marketed with a Community certificate of specific character in accordance with this Regulation shall be clearly and visibly indicated on the label.

Amendment 13

Article 15, paragraph 2, subparagraph 1 a (new)

Amendment 14

Article 15, paragraph 3

3. The public or private inspection bodies referred to in paragraph 1 shall have the powers to enforce compliance with this Regulation, including, where appropriate, by imposition of penalties, if they find that an agricultural product or foodstuff designated as a traditional speciality guaranteed does not comply with the requirements laid down in the product specification.

3. The public inspection bodies referred to in paragraph 1 shall have the powers to enforce compliance with this Regulation, including, where appropriate, by imposition of penalties, if they find that an agricultural product or foodstuff designated as a traditional speciality guaranteed does not comply with the requirements laid down in the product specification.

Amendment 15

Article 17, paragraph 2 a (new)

2a. If a processed product contains an agricultural product or foodstuff that has been registered under this Regulation, the use of the relevant expression on the label of the processed product shall be subject to the specific authorisation of the group that obtained recognition.

Amendment 16

Article 18, paragraph 3

3. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply.

The period provided for in Article 4(3) of Decision 1999/468/EC shall be three months.

[1] Not yet published in OJ.

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