European Parliament legislative resolution on the proposal for a Council regulation on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (COM(2005)0698 - C6-0027/2006 - 2005/0275(CNS))
Date: 2006-03-16
Institutions: Committee on Agriculture and Rural Development, European Parliament
Subjects: agricultural product, consumer protection, designation of origin, foodstuff, labelling, location of production, product designation

30.11.2006

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Official Journal of the European Union

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Amendment 15

Article 17, paragraph 2 a (new)

Thursday, 16 March 2006

AMENDMENTS
BY PARLIAMENT

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 authorisa-
tion 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.

deleted

The period provided for
1999/468/EC shall be three months.

in Article 4(3) of Decision

P6_TA(2006)0095

Protection of geographical indications and designations of origin for agricultural
products and foodstuffs *

European Parliament legislative resolution on the proposal for a Council regulation on the protec-
tion of geographical indications and designations of origin for agricultural products and foodstuffs
(COM(2005)0698 — C6-0027/2006 — 2005/0275(CNS))

(Consultation procedure)

The European Parliament,

— having regard to the Commission proposal to the Council (COM(2005)0698) (1),

— having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament

(C6-0027/2006),

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

— having regard to the report of the Committee on Agriculture and Rural Development (A6-0034/2006),

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, as a first step, to make only those amendments to Council Regulation (EEC) No
2081/92 (2) which are necessary in the light of the ruling of the World Trade Organisation, and to debate
without time pressure those elements of the Commission proposal which are more far-reaching;

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

5. Asks the Council
substantially;

to consult Parliament again if

it

intends to amend the Commission proposal

6.

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

(1) Not yet published in OJ.
(2) OJ L 208, 24.7.1992, p. 1.

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AMENDMENTS
BY PARLIAMENT

Amendment 1

Recital 3

(3) Some consumers tend to attach greater importance to the
quality of foodstuffs in their diet rather than to quantity. This
quest for specific products generates a demand for agricultural
products or foodstuffs with an identifiable geographical origin.

(3) A constantly increasing number of consumers attach
greater importance to the quality of foodstuffs in their diet
rather than to quantity. This quest for specific products gener-
ates a demand for agricultural products or foodstuffs with an
identifiable geographical origin.

Amendment 2

Recital 5

(5) 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 food-
stuffs. In view of their specific nature, additional special provi-
sions should be adopted for agricultural products and food-
stuffs from a specified geographical area. The use of the indica-
tions and Community symbols concerned should also be made
obligatory in the case of Community designations, on the one
hand, to make this category of products and the guarantees
attached to them better known to consumers and, on the
other, to permit easier identification of these products on the
market so as to facilitate checks. A reasonable length of time
should be allowed for operators to adjust to this obligation.

(5) 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 food-
stuffs. In view of their specific nature, additional special provi-
sions should be adopted for agricultural products and food-
stuffs from a specified geographical area. The use of the indica-
tions and Community symbols concerned should also be made
obligatory in the case of Community designations, on the one
hand, to make this category of products and the guarantees
attached to them better known to consumers and, on the
other, to permit easier identification of these products on the
market so as to facilitate checks. To this end, and as a result
of such obligation, the Community symbols associated with
the various indications should be properly differentiated from
each other, so as to ensure that there is a clear link between
the indication and its specific symbol. A reasonable length of
time should be allowed for operators to adjust to this obliga-
tion.

Amendment 3

Recital 5 a (new)

In the light of the extension of the scope of this Regu-
(5a)
lation to third-country products and in order to ensure that
there is no risk of consumer confusion between the Com-
munity symbol and the origin of a product, the place of
origin and the place of processing agricultural products or
foodstuffs marketed under a registered name should be indi-
cated on the label.

Amendment 4

Recital 6 a (new)

(6a) The strengthening of Community policy on designa-
tions of origin and geographical indications requires, in addi-
tion to the clarification and simplification referred to in this
Regulation, the negotiation of a multilateral register under
the auspices of the WTO, with the objective of ensuring the
durability of that policy.

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Amendment 42

Recital 12

Thursday, 16 March 2006

AMENDMENTS
BY PARLIAMENT

(TRIPS Agreement 1994,

(12) The Agreement on Trade-Related Aspects of Intellectual
Property Rights
contained in
Annex 1C to the Agreement establishing the World Trade
Organisation) contains detailed provisions on the existence,
acquisition, scope, maintenance and enforcement of intellectual
property rights.

(TRIPS Agreement 1994,

(12) The Agreement on Trade-Related Aspects of Intellectual
Property Rights
contained in
Annex 1C to the Agreement establishing the World Trade
Organisation) contains detailed provisions on the existence,
acquisition, scope, maintenance and enforcement of intellectual
property rights. For the European Union, the importance of
the protection of intellectual property in world trade is
constantly increasing. Geographical indications and designa-
tions of origin play a special role in this connection and
in the context of the ongoing negotiations on the
hence,
it is essential to ensure that
Doha Development Agenda,
indications and
international protection of geographical
designations of origin is broadened to cover an increasingly
large number of agricultural products.

Amendment 6

Recital 13

(13) The protection afforded by this Regulation, subject to
registration, should be open to the geographical indications of
third countries where these are protected in their country of
origin.

In parallel,

(13) The protection afforded by this Regulation, subject to
registration, should be open to the geographical indications of
third countries where these are protected in their country of
origin.
the Commission should endeavour to
obtain recognition by third countries of Community products
of designated origin and geographical indication. In order to
raise consumer awareness,
information and promotional
measures are appropriate within and outside the European
Union.

Amendment 7

Article 2, paragraph 1, point a, introduction

(a)

‘designation of origin’ means the name of a region, a
specific place or, in exceptional cases, a country, used to
describe an agricultural product or a foodstuff

(a)

‘designation of origin’ means the name of a region, a
specific place or, in exceptional cases, a country, used to
describe and/or to identify an agricultural product or a
foodstuff

Amendment 8

Article 2, paragraph 1, point a, indent 3

— the production, processing and preparation of which take

place in the defined geographical area;

— the production, processing, preparation and, where appro-
priate, packaging of which take place in the defined
geographical area;

Amendment 9

Article 2, paragraph 1, point b, introduction

(b)

‘geographical
identify an agricultural product or a foodstuff

indication’ means an indication serving to

(b)

‘geographical indication’ means an indication or the name
of a region, of a specific place or of a country serving to
designate and/or to identify an agricultural product or a
foodstuff

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AMENDMENTS
BY PARLIAMENT

Amendment 10

Article 2, paragraph 1, point b, indent 1

— as originating in a region, specific place or country,

— as originating in a region, specific place or (in exceptional

cases) country,

Amendment 51

Article 2, paragraph 1, point b, subparagraph 1 a (new)

After an appropriate transitional period, and at any rate no
later than ten years after the entry into force of this Regu-
lation, all production, preparation or processing activities
must take place within the defined geographical area.

If raw materials come from a geographical area larger than
or different from the processing area, this may be approved
by means of the procedure referred to in Article 15(2),
provided that:

(i) the production area of the raw materials is defined,

(ii) special conditions for the production of the raw mate-

rials exist, and

(iii) there are inspection arrangements to ensure that the

conditions referred to in point (ii) are adhered to.

Amendment 11

Article 2, paragraph 2

2.
Traditional geographical or non-geographical names
designating an agricultural product or a foodstuff originating in
a region or a specific place which fulfil the conditions referred
to in the second and third intents of paragraph 1(a) shall also
be considered as designations of origin.

2.
Traditional geographical or non-geographical names
designating an agricultural product or a foodstuff originating in
a region or a specific place which fulfil the conditions referred
to in the second and third intents of paragraph 1(a) and in
paragraph 1(b) shall also be considered as designations of
origin or geographical indications.

Amendment 12

Article 2, paragraph 3, subparagraph 1, introductory part

Notwithstanding paragraph 1(a), certain geographical
3.
designations shall be treated as designations of origin where
the raw materials for the products concerned come from a
geographical area larger than or different from the processing
area, provided that:

Notwithstanding paragraph 1(a) and (b), certain geogra-
3.
phical designations shall be treated as designations of origin or
geographical
the
products concerned come from a geographical area larger than
or different from the processing area, provided that:

indications where the raw materials for

Amendment 13

Article 2, paragraph 3, subparagraph 1, point c a (new)

(ca) the beneficiary of the derogation indicates the origin of

the raw materials on the label or the packaging.

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AMENDMENTS
BY PARLIAMENT

Amendment 14

Article 2, paragraph 3, subparagraph 2

The designations in question must have been recognised as
designations of origin in the country of origin before 1 May
2004.

Deleted

Amendment 16

Article 4, paragraph 2, point h

(h) any specific labelling rule for the agricultural product or

foodstuff in question;

(h) any specific labelling rule for the agricultural product or
foodstuff in question and, as appropriate, the terms and
conditions for the use of protected geographical terms on
the labels of processed products in order to indicate any
product ingredients that benefit from a protected designa-
tion of origin or a protected geographical indication;

Amendment 17

Article 4, paragraph 2, point h a (new)

(ha) where appropriate, the rightholder's decision to have
certain packaging operations carried out solely in the
production area in order to guarantee the elements that
justify the links referred to in subparagraph (f);

Amendment 18

Article 5, paragraph 3, point c ii

(ii) a concise description of the link between the product and
the geographical
environment or geographical origin
referred to in Article 2(1)(a) or (b), as the case may be,
including, where appropriate, the specific elements of the
product description or production method justifying the
link.

(ii) a concise description of the link between the product and
the geographical
environment or geographical origin
referred to in Article 2(1)(a) or (b), as the case may be,
including factors relating to the natural and sociocultural
environment, and, where appropriate, the specific elements
of the product description or production method justifying
the link.

Amendments 48 and 19

Article 5, paragraph 4, subparagraph 2

The Member State shall scrutinize the application by appro-
priate means to check that it is justified and meets the condi-
tions of this Regulation.

The Member State,
if appropriate in cooperation with the
regional authorities, shall immediately scrutinize the applica-
tion by appropriate means to check that it is justified and
meets the conditions of this Regulation.

Amendment 20

Article 5, paragraph 5, subparagraph 1

As part of the scrutiny referred to in paragraph 4, the
5.
Member State shall initiate an objection procedure at national
level, ensuring adequate publication of the application allowing
a reasonable period within which any person having a legiti-
mate interest and established or resident on its territory may
declare their objection to the application.

As part of the scrutiny referred to in paragraph 4, the
5.
Member State shall initiate an objection procedure at national
level, ensuring adequate publication of the application allowing
a period of three months within which any person having a
legitimate interest and established or resident on its territory
may declare their objection to the application.

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AMENDMENTS
BY PARLIAMENT

Amendment 21

Article 5, paragraph 7, point a a (new)

(aa) the product specification referred to in Article 4;

Amendment 22

Article 5, paragraph 9, subparagraph 1

9. Where the registration application concerns a geogra-
phical area situated in a third country, it shall comprise the
elements provided for in paragraph 3 and also proof that the
name in question is protected in its country of origin.

9. Where the registration application concerns a geogra-
phical area situated in a third country, it shall comprise the
elements provided for in paragraph 3 and also proof that the
name in question is protected in its country of origin. If the
Commission is not satisfied as to certain elements of the
application, it shall be entitled to insist that a third-country
applicant provide
information,
relevant
including a copy of the specification.

additional

all

Amendment 23

Article 6, paragraph 1, subparagraph 1

The Commission shall scrutinize the application in an
1.
appropriate manner to check that it is justified and meets the
conditions of this Regulation.

1. Within six months, the Commission shall scrutinize the
application in an appropriate manner to check that it is justi-
fied and meets the conditions of this Regulation.

Amendment 24

Article 6, paragraph 2, subparagraph 1

2. Where the conditions laid down in this Regulation
appear to be met, the Commission shall publish in the Official
Journal of the European Union the single document and the refer-
ence to the publication of the specification referred to in the
fifth subparagraph of Article 5(5).

2. Where the conditions laid down in this Regulation
appear to be met and no longer than 6 months after receipt
of the application referred to in Article 5(7), the Commission
shall publish in the Official Journal of the European Union the
single document and the reference to the publication of the
fifth subparagraph of
specification referred to in the
Article 5(5).

Amendment 49

Article 7, paragraph 1

1. Within four months from the date of publication in the
Official Journal of the European Union provided for in the first
third
subparagraph of Article 6(2), any Member State or
country may object to the registration proposed, by sending a
duly substantiated statement to the Commission.

1. Within six months from the date of publication in the
Official Journal of the European Union provided for in the first
third
subparagraph of Article 6(2), any Member State or
country may object to the registration proposed, by sending a
duly substantiated statement to the Commission.

Amendment 25

Article 7, paragraph 4, subparagraph 2

The registration shall be published in the Official Journal of the
European Union.

The registration shall be published in the Official Journal of the
European Union and on the Internet and shall
include the
publication details of the specification referred to in Article 5
(5). If the application for registration relates to a geogra-
phical area situated in a third country, the Commission shall
publish the specification pursuant to Article 5(5).

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Amendment 26

Article 7, paragraph 6

Thursday, 16 March 2006

AMENDMENTS
BY PARLIAMENT

6.
The Commission shall maintain updated a register of
protected designations of origin and protected geographical
indications.

6.
The Commission shall maintain updated a register of
protected designations of origin and protected geographical
indications and publish the register on the Internet.

Amendment 27

Article 8, paragraph 2 a (new)

The Community symbols shall be distinguished by means of
colour codes specific to each symbol.

Amendment 47

Article 8, paragraph 3

In the case of agricultural products and foodstuffs originating
in third countries marketed under a name registered in accord-
ance with this Regulation the indications referred to in the
second subparagraph and the associated Community symbols
may also appear on the labelling.

In the case of agricultural products and foodstuffs originating
in third countries marketed under a name registered in accord-
ance with this Regulation the indications referred to in the
second subparagraph, but not
the associated Community
symbols, may also appear on the labelling.

Amendment 28

Article 8, paragraph 3 a (new)

The place of origin and the place of processing of each agri-
cultural product or foodstuff marketed under a name regis-
tered in accordance with this Regulation shall be clearly and
visibly indicated on the label.

Amendment 29

Article 10, paragraph 3

3.
In accordance with Article 4 of Regulation (EC) No
882/2004 the Member States shall designate a competent
central body specifically responsible for implementing the
control system relating to this Regulation.

3.
In accordance with Article 4 of Regulation (EC) No
882/2004 the Member States shall designate an official body
responsible for monitoring compliance with Community rules
on geographical indication.

Amendment 30

Article 10, paragraph 3 a (new)

3a.
Rightholders may lodge complaints with their national
monitoring body and ask that it intervene to protect their
registered name.

Amendment 31

Article 10, paragraph 3 b (new)

3b.
A list of these monitoring bodies shall be published in
the Official Journal of the European Union and shall be
regularly updated.

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BY PARLIAMENT

Amendment 52

Article 11, paragraph 4

4.
Each Member State shall notify the Commission of the
name and address of the competent authority referred to in
Article 10(3), the name and address of whatever official inspec-
tion services are designated and the name and address of dele-
gated private inspection bodies as referred to in the first sub-
paragraph of paragraph 1,
their respective tasks and any
changes to this information.

In the case of names referring to a geographical area in a third
country, the group shall send the Commission, either direct or
via the authorities of the country concerned, the information
listed in the first subparagraph.

The Commission shall make public the information referred to
in the
it
regularly.

and second subparagraphs

and update

first

4.
Each Member State shall notify the Commission of the
name and address of the competent authority referred to in
Article 10(3), the name and address of whatever official inspec-
tion services are designated and the name and address of dele-
gated private inspection bodies as referred to in the first sub-
paragraph of paragraph 1, their respective competences and
any changes to this information.

In the case of names referring to a geographical area in a third
country, the group shall send the Commission, either direct or
via the authorities of the country concerned, the information
listed in the first subparagraph.

The Commission shall publish the information referred to in
the first and second subparagraphs in the Official Journal of
the European Union and on the internet and update it
regularly.

The costs of the controls referred to in this Article shall

6.
be borne by the operators subject to those controls.

The costs of the controls referred to in this Article may

6.
be borne by the operators subject to those controls.

Amendment 32

Article 11, paragraph 6

Amendment 33

Article 12, paragraph 2, subparagraph 1 a (new)

The interested parties within the Member State concerned
shall be consulted in respect of any application for cancella-
tion.

Amendment 53

Article 12, paragraph 2 a (new)

2a.
For a period of five years from the date of announce-
ment of the cancellation in the Official Journal of the Euro-
pean Union, the protected name may not be used for registra-
tion as a trademark pursuant to Council Regulation (EC)
No 40/94 of 20 December 1993 on the Community trade
mark (1) or comparable national provisions.

Specific provisions may be adopted in accordance with the
procedure referred to in Article 15(2).

(1) OJ L 11, 14.1.1994, p. 1.

Amendment 34

Article 13, paragraph 1, subparagraph 1, point a

(a) any direct or indirect commercial use of a registered name
in respect of products not covered by the registration
insofar as those products are comparable to the products
registered under that name or insofar as using the name
exploits the reputation of the protected name;

(a) any direct or indirect commercial use, in particular on any
type of manufactured label or packaging, in whole or in
part, and in any form, of a registered name in respect of
products not covered by the registration insofar as those
products are comparable to the products registered under
that name or insofar as using the name exploits the reputa-
tion of the protected name;

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AMENDMENTS
BY PARLIAMENT

Amendment 35

Article 13, paragraph 1, subparagraph 1, point a a (new)

(aa) the commercial use of a registered name for foodstuffs

without the prior consent of the rightholder;

Amendment 36

Article 13, paragraph 1, subparagraph 1 a (new)

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 must be subject to the specific authorisation of the
group that obtained recognition.

Amendment 37

Article 13, paragraph 1 a (new)

1a. Where agricultural products or foodstuffs benefit from
a protected designation of origin or a protected geographical
indication, other geographical terms which are included in
the protected geographical area may not be used on similar
products not covered by that protected designation of origin
or protected geographical indication.

Amendment 50

Article 14, paragraph 1, point b

(b)

in the case of other designations of origin and geographical
indications registered under this Regulation, after the date
of
the registration application to the
Commission.

submission of

(b)

in the case of other designations of origin and geographical
indications registered under this Regulation, after the date
of submission of the registration application to a Member
State or the Commission, whichever the earlier.

Amendment 54

Article 15, paragraph 3

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

deleted

The period provided for
1999/468/EC shall be three months.

in Article 4(3) of Decision

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AMENDMENTS
BY PARLIAMENT

Amendment 38

Annex I, indents 6 a to f (new)

— wine vinegar,

— currant vinegar,

— wine made

from berries or

fermented berry-based

beverages a well as cider and perry,

— salt, traditional sea salt and hand-harvested sea salt

(‘fleur de sel’),

— spices,

— herbal mixtures.

— wicker,

— wicker and wicker products,

Amendment 39

Annex II, indent 7

P6_TA(2006)0096

2005 enlargement strategy paper

European Parliament resolution on the Commission's 2005 enlargement strategy paper (2005/2206
(INI))

The European Parliament,

— having regard to the Commission's 2005 enlargement strategy paper (COM(2005)0561),

— having regard to the Commission's proposal for a Council decision on the Principles, Priorities and

Conditions contained in the Accession Partnership with Croatia (COM(2005)0556),

— having regard to the Commission's proposal for a Council decision on the Principles, Priorities and

Conditions contained in the Accession Partnership with Turkey (COM(2005)0559),

— having regard to the Commission's opinion on the application from the Former Yugoslav Republic of
Macedonia for membership of the European Union (COM(2005)0562) and its related proposal for a
Council decision on the Principles, Priorities and Conditions contained in the European Partnership with
the Former Yugoslav Republic of Macedonia (COM(2005)0557),

— having regard to the communication from the Commission to the Council on the progress achieved by
Bosnia and Herzegovina in implementing the priorities identified in the Feasibility Study on the prepa-
redness of Bosnia and Herzegovina to negotiate a Stabilisation and Association Agreement with the
European Union (COM(2005)0529),

— having regard to the Commission's Progress Reports on Albania (SEC(2005)1421), Kosovo (SEC(2005)
1423), Bosnia and Herzegovina (SEC(2005)1422), Serbia and Montenegro (SEC(2005)1428), Turkey
(SEC(2005)1426) and Croatia (SEC(2005)1424),

— having regard to the Communication from the Commission of 27 January 2006 entitled ‘The Western

Balkans on the road to the EU: consolidating stability and raising prosperity’ (COM(2006)0027),