Summary of the Opinion of the European Data Protection Supervisor on the Proposal for a Regulation on European Union geographical indications for wine, spirit drinks and agricultural products, and quality schemes for agricultural products

(2022/C 454/04)

(The full text of this Opinion can be found in English, French and German on the EDPS website https://edps.europa.eu)

On 2 May 2022, the European Commission adopted a Proposal for a Regulation 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 (‘the Proposal’).

The general goals of the Proposal are twofold: to ensure effective protection of intellectual property rights (IPR) in the Union - including efficient registration processes- to reward fairly producers for their efforts and to facilitate the take up of Geographical Indications (GIs) across the Union.

The EDPS positively notes that the Proposal determines the roles of the Commission and the competent authorities of Member States with regard to the processing of personal data in the procedures under this Proposal.

At the same time, the EDPS recommends explicitly indicating the role of the European Union Intellectual Property Office (EUIPO) as joint controller together with the European Commission. In addition, the EDPS recommends providing for an arrangement as envisaged by Articles 28 of Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (1) (EUDPR) and/or Article 26 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (2) (General Data Protection Regulation) (GDPR). In this regard, the EDPS recommends including an empowerement to the Commission to adopt an implementing act to cover detailed arrangements to ensure compliance with data protection requirements.

The EDPS recommends identifying in the Proposal itself the different categories of personal data to be included in the supporting documentation accompanying the applications for registration, oppositions and official comments, extracts from the Union register and the single document. The Proposal should also indicate in which circumstances and/or conditions it is necessary to make which categories of personal data publicly available and clearly define for which objectives. Furthermore, to limit the exposure of personal data to the public, the EDPS recommends assessing whether it would be appropriate to put in place a procedure whereby only individuals who demonstrate a legitimate interest have access to additional categories of personal data, such as contact details.

Finally, the EDPS considers that the chosen data retention period for the documentation related to the cancellation of geographical indications should be further justified or reduced.

1. INTRODUCTION

1. On 2 May 2022, the European Commission issued a 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 (3) (‘the Proposal’).

2. The general objectives of the Proposal are: a) to ensure the effective protection of Intellectual Property Rights (‘IPR’) in the Union, including efficient registration processes and, b) to increase the uptake of Geographical Indications (‘GIs’) across the Union to benefit the rural economy (4).

3. The Proposal would modify the current legislative framework for GIs to harmonise those rules that are common to all sectors, notably the procedures to register a name or amend the product specification, protection of the names, and checks and enforcement (5). It also introduces the involvement of the European Union Intellectual Property Office (‘EUIPO’) in the registration procedure. More specifically, while the national level assessment would remain with the Member States, EUIPO would provide technical assistance to the Commission during the EU-level scrutiny of applications and oppositions (6).

4. The present Opinion of the EDPS is issued in response to a consultation by the European Commission of 23 May 2022, pursuant to Article 42(1) of EUDPR. In this regard, the EDPS invites the co-legislators to include an explicit reference to this consultation in one of the Recitals of the Proposal.

4. CONCLUSIONS

23. In light of the above, the EDPS: (1) welcomes the explicit designation of controllers in relation to the processing of personal data in the procedures laid down by the Proposal. (2) recommends defining explicitly the role of EUIPO as ‘joint controller’ together with the European Commission under Article 3 within the meaning of Articles 28 EUDPR and 26 GDPR. (3) recommends specifying in the Proposal the categories of personal data that are necessary for the correct management of the procedures of registration, amendment or cancellation of geographical indications and traditional specialities guaranteed so as to ensure that the processing of personal data is limited to what is directly relevant and necessary to accomplish the specified purposes of the Proposal. (4) recommends identifying in the Proposal which categories of personal data should be made publicly available and clearly define for which purposes and whether a procedure should be envisaged to ensure that only individuals who demonstrate a legitimate interest have access to additional categories of personal data, such as contact details. (5) absent further justification, recommends reducing the envisaged retention period for documentation related to the cancellation of GIs registration insofar as it concerns personal data.

Brussels, 18 July 2022. Wojciech Rafał WIEWIÓROWSKI

(1) OJ L 295, 21.11.2018, p. 39.

(2) OJ L 119, 4.5.2016, p. 1.

(3) COM(2022) 134 final.

(4) COM(2022) 134 final/2, p. 2.

(5) COM(2022) 134 final/2, p. 4.

(6) COM(2022) 134 final/2, p. 10.