Amendments adopted by the European Parliament on 1 June 2023 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 (COM(2022)0134 — C9-0130/2022 — 2022/0089(COD))
Date: 2023-06-01
Institutions: Committee on Agriculture and Rural Development, Committee on International Trade, Committee on Legal Affairs, Committee on the Environment, Climate and Food Safety, Committee on the Internal Market and Consumer Protection, European Parliament
Subjects: agricultural product, consumer information, designation of origin, foodstuff, labelling, product designation, quality control of agricultural products, spirits, trade mark, wine




C_202301233EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2023/1233


21.12.2023






P9_TA(2023)0210
Geographical indications for wine, spirit drinks and agricultural products
Amendments adopted by the European Parliament on 1 June 2023 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 (COM(2022)0134 — C9-0130/2022 — 2022/0089(COD)) (1)

(Ordinary legislative procedure: first reading)
(C/2023/1233)


Amendment 1


Proposal for a regulation


Recital 1








Text proposed by the Commission




Amendment











(1)


The European Green Deal (22) included the design of a fair, 
healthy
 and environmentally-friendly food system (‘farm to fork’) among the policies to transform the Union's economy for a sustainable future.












(1)


The European Green Deal (22) included the design of a fair, 
sustainable, healthier
 and 
more
 environmentally-friendly food system 
accessible to all
 (‘farm to fork’) among the policies to transform the Union's economy for a sustainable future.









Amendment 2


Proposal for a regulation


Recital 1 a (new)








Text proposed by the Commission




Amendment





 










(1a)






Geographical indications can play an important role in terms of sustainability, including in the circular economy, which could enhance their heritage value and thus strengthen their weight within the framework of national and regional policies with a view to meeting the objectives of the European Green Deal.











Amendment 3


Proposal for a regulation


Recital 2








Text proposed by the Commission




Amendment











(2)


Commission Communication of 20 May 2020 on ‘A Farm to Fork Strategy — for a fair, healthy and environmentally-friendly food system’ which called for a transition to sustainable food systems, also calls to strengthen the legislative framework on geographical indications and
, where appropriate,
 include specific sustainability criteria. In the Communication, the Commission committed to strengthen, among other players, the position of producers of products with geographical indications, their cooperatives and producer organisations in the food supply chain.












(2)


Commission Communication of 20 May 2020 on ‘A Farm to Fork Strategy — for a fair, healthy and environmentally-friendly food system’ which called for a transition to sustainable food systems, also calls to strengthen the legislative framework on geographical indications and include specific sustainability criteria. In the Communication, the Commission committed to strengthen, among other players, the position of producers of products with geographical indications, their cooperatives and producer organisations in the food supply chain. 
Focus should be placed on small-scale producers, particularly those who best preserve traditional skills and know-how.











Amendment 4


Proposal for a regulation


Recital 4








Text proposed by the Commission




Amendment











(4)


The quality and diversity of the Union’s wine, spirit drinks and agricultural production is one of its important strengths, giving a competitive advantage to the Union’s producers and making a major contribution to its living cultural and gastronomic heritage. This is due to the skills and determination of Union producers who have kept traditions alive while taking into account the developments of new production methods and material.












(4)


The quality
, accessibility
 and diversity of the Union’s wine, spirit drinks and agricultural production is one of its important strengths, giving a competitive advantage to the Union’s producers and making a major contribution to its living cultural and gastronomic heritage. This is due to the skills and determination of Union producers who have kept traditions 
and cultural identity
 alive while taking into account the developments of new production methods and material, 
which have made traditional Union products a symbol of quality.











Amendment 5


Proposal for a regulation


Recital 5








Text proposed by the Commission




Amendment











(5)


Citizens and consumers in the Union increasingly demand quality 
as well as
 traditional products. They are also concerned to maintain the diversity of agricultural production in the Union. This generates a demand for wine, spirit drinks and agricultural products with identifiable specific characteristics, in particular those linked to their geographical origin.












(5)


Citizens and consumers in the Union increasingly demand quality, traditional 
and accessible
 products
, which have specific qualities attributable both to their origin and to their manner of production
. They are also concerned to maintain the diversity 
and security of supply
 of agricultural production in the Union. This generates a demand for wine, spirit drinks and agricultural products with identifiable specific characteristics, in particular those linked to their geographical origin
, as well as ensuring the production conditions that have shaped the reputation and identity of such products
.









Amendment 6


Proposal for a regulation


Recital 5 a (new)








Text proposed by the Commission




Amendment





 










(5a)






High-quality products represent one of the biggest assets the Union has, both for our economy and cultural identity. Those products are the strongest representation of the ‘made in the EU’ brand, recognisable throughout the whole world, which generate growth and preserve our heritage. Wines, spirit drinks and agricultural products are European assets that need to be further strengthened and protected.











Amendment 7


Proposal for a regulation


Recital 5 b (new)








Text proposed by the Commission




Amendment





 










(5b)






Citizens and consumers are entitled to expect that any geographical indication and quality scheme is backed up by a robust verification and control system, regardless of whether the product originates from the Union or a third country.











Amendment 8


Proposal for a regulation


Recital 9








Text proposed by the Commission




Amendment











(9)


Ensuring uniform recognition and protection throughout the Union for the intellectual property rights related to names protected in the Union is a priority that can be effectively achieved only at Union level. Geographical indications protecting the names of wines, spirit drinks and agricultural products having characteristics, attributes or reputation linked to their place of production are an exclusive Union’s competence. A 
unitary
 and exclusive system of geographical indications therefore needs to be provided. Geographical indications are a collective right held by all eligible producers in a designated area willing to adhere to a product specification. Producers acting collectively have more powers than individual producers and take collective responsibilities to manage their geographical indications, including responding to societal demands for products resulting from sustainable production. Operating geographical indications reward producers fairly for their efforts to produce a diverse range of quality products. At the same time, this can benefit the rural economy, which is particularly the case in areas with natural or other specific constraints, such as mountain areas and the most remote regions, where the farming sector accounts for a significant part of the economy and production costs are high. In this way, quality schemes are able to contribute to and complement rural development policy as well as market and income support policies of the CAP. In particular, they may contribute to the developments in the farming sector and, especially, disadvantaged areas. A Union framework that protects geographical indications by providing for their inclusion in a register at Union level facilitates the development of the agricultural sector, since the resulting, more uniform approach ensures fair competition between the producers of products bearing such indications and enhances the credibility of the products in the consumers’ eyes. The system of geographical indications aims at enabling consumers to make more informed purchasing choices and, through labelling and advertising, helping them to correctly identify their products on the market. Geographical indications, being a type of intellectual property right, help operators and companies valorise their intangible assets. To avoid creating unfair conditions of competition and to sustain the internal market, any producer, including a third country producer, should be able to use a registered name and market products designated as geographical indications throughout the Union and in electronic commerce, provided that the product concerned complies with the requirements of the relevant specification and that the producer is covered by a system of controls. In light of the experience gained from the implementation of Regulations (EU) No 1308/2013, (EU) 2019/787 and (EU) No 1151/2012 of the European Parliament and of the Council (27) , there is a need to address certain legal issues, to clarify and simplify some rules and to streamline the procedures.












(9)


Ensuring uniform recognition and protection throughout the Union for the intellectual property rights related to names protected in the Union is a priority that can be effectively achieved only at Union level. Geographical indications protecting the names of wines, spirit drinks and agricultural products having characteristics, attributes or reputation linked to their place of production are an exclusive Union’s competence. A 
consistent
 and exclusive system of geographical indications therefore needs to be provided. Geographical indications are a collective right held by all eligible producers in a designated area willing to adhere to a product specification. Producers acting collectively have more powers than individual producers and take collective responsibilities to manage their geographical indications, including responding to societal demands for products resulting from sustainable production. 
Similarly, the collective organisation of the producers of a geographical indication can better ensure a fair distribution of the value added amongst the actors in the supply chain, to provide a fair income to producers, which covers their costs and allows them to invest further in the quality and sustainability of their products.
 Operating geographical indications reward producers fairly for their efforts to produce a diverse range of quality products. At the same time, this can benefit the rural economy, which is particularly the case in areas with natural or other specific constraints, such as mountain areas and the most remote 
regions, including outermost
 regions, where the farming sector accounts for a significant part of the economy and production costs are high. In this way, quality schemes are able to contribute to and complement rural development policy as well as market and income support policies of the CAP. In particular, they may contribute to the developments in the farming sector and, especially, disadvantaged areas
. The Commission Communication of 30 June 2021 entitled ‘A long-term vision for the EU’s Rural Areas — Towards stronger, connected, resilient and prosperous rural areas by 2040’ recognises the key role of geographical indications among the flagship initiatives promoting rural areas, in view of their contribution to the prosperity, economic


diversification and development of rural areas and the strong association between a product and its territorial origin
. A Union framework that protects geographical indications by providing for their inclusion in a register at Union level facilitates the development of the agricultural sector, since the resulting, more uniform approach ensures fair competition between the producers of products bearing such indications and enhances the credibility of the products in the consumers’ eyes. The system of geographical indications aims at enabling consumers to make more informed purchasing choices and, through labelling and advertising, helping them to correctly identify their products on the market. Geographical indications, being a type of intellectual property right, help operators and companies valorise their intangible assets. To avoid creating unfair conditions of competition and to sustain the internal market, any producer, including a third country producer, should be able to use a registered name and market products designated as geographical indications throughout the Union and in electronic commerce, provided that the product concerned complies with the requirements of the relevant specification and that the producer is covered by a system of controls. In light of the experience gained from the implementation of Regulations (EU) No 1308/2013, (EU) 2019/787 and (EU) No 1151/2012 of the European Parliament and of the Council (27), there is a need to address certain legal issues, to clarify and simplify some rules and to streamline the procedures.









Amendment 9


Proposal for a regulation


Recital 9 a (new)








Text proposed by the Commission




Amendment





 










(9a)






A unitary and exclusive system of geographical indications should contribute significantly to increased awareness, recognition and consumer understanding, both in the Union and in third countries, of the symbols, indications and abbreviations demonstrating participation in the European quality schemes and their added value, complementing Regulation (EU) No 1144/2014 of the European Parliament and of the Council

 (1 bis)

.











Amendment 10


Proposal for a regulation


Recital 11








Text proposed by the Commission




Amendment











(11)


The Union has for some time been aiming at simplifying the regulatory framework of the Common Agricultural Policy. 
This approach should also apply to regulations in the field of
 geographical 
indications, without calling into question the specific characteristics of each sector
. In order to simplify the lengthy registration and amendment procedures, harmonised procedural rules for geographical indications for 
wine,
 spirit drinks and agricultural products should be laid down in a single legal instrument, while maintaining product specific provisions for 
wine in Regulation (EU) No 1308/2013, for
 spirit drinks in Regulation (EU) 2019/787 and for agricultural products in this Regulation. 
The
 procedures for the registration, amendments to the product specification and cancellation of the registration in respect of geographical indications originating in the Union, including opposition procedures, should be carried out by the Member States and the Commission. The Member States and the Commission should be responsible for distinct stages of each procedure. Member States should be responsible for the first stage of the procedure, which consists of receiving the application from the producer group, assessing it, including running a national opposition procedure, and, following the results of the assessment, submitting the application to the Commission. The Commission should be responsible for scrutinising the application in the second stage of the procedure, including running a worldwide opposition procedure, and taking a decision on granting the protection to the geographical indication or not. Geographical indications should be registered only at Union level. However, with effect from the date of application with the Commission for registration at Union level, Member States should be able to grant transitional protection at national level without affecting the internal market or international trade. The protection afforded by this Regulation upon registration should be equally available to geographical indications of third countries that meet the corresponding criteria and that are protected in their country of origin. The Commission should carry out the corresponding procedures for geographical indications originating in third countries.












(11)


The Union has for some time been aiming at simplifying the regulatory framework of the Common Agricultural Policy. 
The procedures for amending product specifications for products designated by a
 geographical 
indication have already been simplified and made more efficient for wine and agri-food products as part of the review of the Common Agricultural Policy
. In order to 
further
 simplify the lengthy registration and amendment procedures, harmonised procedural rules for geographical indications for spirit drinks and agricultural products should be laid down in a single legal instrument, while maintaining product specific provisions for spirit drinks in Regulation (EU) 2019/787 and for agricultural products in this Regulation. 
This Regulation should be accompanied by a number of tools for providing small producers and small producer groups with appropriate support, such as tailor-made training courses about the changes being introduced, which should be organised by the national authorities and the Commission. The
 procedures for the registration, amendments to the product specification and cancellation of the registration in respect of geographical indications originating in the Union, including opposition procedures, should be carried out by the Member States and the Commission. The Member States and the Commission should be responsible for distinct stages of each procedure. Member States should be responsible for the first stage of the procedure, which consists of receiving the application from the producer group, assessing it, including running a national opposition procedure, and, following the results of the assessment, submitting the application to the Commission. The Commission should be responsible for scrutinising the application in the second stage of the procedure, including running a worldwide opposition procedure, and taking a decision on granting the protection to the geographical indication or not. Geographical indications should be registered only at Union level. However, with effect from the date of application with the Commission for registration at Union level, Member States should be able to grant transitional protection at national level without affecting the internal market or international trade. The protection afforded by this Regulation upon registration should be equally available to geographical indications of third countries that meet the corresponding criteria and that are protected in their country of origin. The Commission should carry out the corresponding procedures for geographical indications originating in third countries.









Amendment 11


Proposal for a regulation


Recital 11 a (new)








Text proposed by the Commission




Amendment





 










(11a)






The Union's quality policy is a public policy associated with the production of public goods that should contribute to enabling the transition to a just and fair sustainable food system. Geographical indications are tools capable of contributing to: sustainable rural development; the diversification of the rural economy; the prevention of offshoring and depopulation by creating and preserving jobs in European rural areas and sustaining small scale, local and traditional producers; preserving cultural and socio-economic diversity; protecting the rural landscape; the sustainable management and reproduction of natural resources; biodiversity conservation; animal welfare; and food safety and security as well as traceability.











Amendment 12


Proposal for a regulation


Recital 12








Text proposed by the Commission




Amendment











(12)


To contribute to the transition to a sustainable food system and respond to societal demands for sustainable, environmentally and climate friendly, animal welfare ensuring, resource efficient, socially and ethically responsible production methods, producers of geographical indications should be encouraged to adhere to sustainability standards that are more stringent than the mandatory ones 
and go beyond good practice
. Such specific requirements 
could
 be set out in the product specification.












(12)


To contribute to the transition to a sustainable food system and respond to societal demands for sustainable, environmentally and climate friendly, animal welfare ensuring, resource efficient, socially and ethically responsible production methods, producers of geographical indications should be encouraged to adhere to sustainability standards that are more stringent than the mandatory ones
, encompassing environmental, social and economic objectives
. Such specific requirements 
should
 be set out in the product specification 
or in a separate initiative
. 
To enable the uptake of sustainability undertakings, producers should receive financial support by means of pre-established, specific and easily accessible funding and should be properly informed about the opportunities arising from the uptake of sustainability undertakings, including via information sessions and advisory systems on ways for producers to easily acquire the requisite knowledge of the properties of their own products which bring added value and which will then be passed on to consumers. The sustainability undertakings included in the product specification should relate to the three main types of sustainability: economic, social and environmental.











Amendment 13


Proposal for a regulation


Recital 12 a (new)








Text proposed by the Commission




Amendment





 










(12a)






Sustainability undertakings should contribute to one or more environmental, social or economic objectives. Such environmental objectives should include climate change mitigation, the conservation and sustainable use of soils, landscapes and natural resources, the preservation of biodiversity and the conservation of rare seeds, local breeds and plant varieties, the promotion of short supply chains or the management and promotion of animal health and welfare. The social objectives should include the improvement of working and employment condition, as well as collective bargaining, social protection and safety standards, attracting and supporting both young and new producers of products designated by a geographical indication to ease generational renewal and facilitating the solidarity and transmission of knowledge across generations or promoting healthier diets. The economic objectives should include securing a stable and fair income and a strong position across the value chain for producers of products designated by a geographical indication, improving the economic value of products designated by a geographical indication and the redistribution of added value along the value chain, contributing to the diversification of the rural economy, or preserving rural areas and local development, including agricultural employment.











Amendment 14


Proposal for a regulation


Recital 12 b (new)








Text proposed by the Commission




Amendment





 










(12b)






Public procurement criteria should incorporate geographical indications and other quality schemes provided that they contribute to sustainable food production.











Amendment 15


Proposal for a regulation


Recital 13








Text proposed by the Commission




Amendment











(13)


To ensure coherent decision-making as regards applications for protection and judicial challenges against them, submitted in the national procedure, the Commission should be informed in 
a timely
 and regular manner when procedures are launched before national courts or other bodies concerning an application for registration forwarded by the Member State to the Commission and of their final results. For the same reason, where a Member State 
considers
 that a national decision on which the application for protection is based is likely to be invalidated as a result of national judicial proceedings, it should inform the Commission of that assessment. If the Member State requests the suspension of the scrutiny of an application at Union level, the Commission should be exempted from the obligation to meet the deadline for scrutiny established therein. In order to protect the applicant from vexatious legal actions and to preserve the applicant’s right to secure the protection of a name within a reasonable time, the exemption should be limited to cases in which the application for registration has been invalidated at national level by an immediately applicable but not final judicial decision or in which the Member State 
considers
 that the action to challenge the validity of the application is based on valid grounds.












(13)


To ensure coherent 
and efficient
 decision-making as regards applications for protection and judicial challenges against them, submitted in the national procedure, the Commission should be informed in 
an immediate
 and regular manner when procedures are launched before national courts or other 
competent
 bodies concerning an application for registration forwarded by the Member State to the Commission, and of their final results. For the same reason, where a Member State 
has reason to believe
 that a national decision on which the application for protection is based is likely to be invalidated as a result of national judicial proceedings, it should inform the Commission of that assessment
, duly justifying this
. If the Member State requests the suspension of the scrutiny of an application at Union level, the Commission should be exempted from the obligation to meet the deadline for scrutiny established therein. In order to protect the applicant from vexatious legal actions and to preserve the applicant’s right to secure the protection of a name within a reasonable time, the exemption should be limited to cases in which the application for registration has been invalidated at national level by an immediately applicable but not 
necessarily
 final judicial decision or in which the Member State 
has reason to believe
 that the action to challenge the validity of the application is based on valid grounds.









Amendment 16


Proposal for a regulation


Recital 14 a (new)








Text proposed by the Commission




Amendment





 










(14a)






With regard to the process of amendment of a product specification, a temporary amendment should be considered as a standard amendment when it concerns a temporary change in the product specification resulting from the imposition of obligatory sanitary and phytosanitary measures by the public authorities or a temporary amendment necessary because of a natural disaster or adverse weather conditions recognised by the competent authorities, or a man-made disaster, such as war.











Amendment 17


Proposal for a regulation


Recital 15








Text proposed by the Commission




Amendment











(15)


To ensure transparency and uniformity across Member States, it is necessary to establish and maintain 
an
 electronic Union register of geographical indications, registered as protected designations of origin or protected geographical indications. The register should provide information to consumers and to those involved in trade. The register should be an electronic database stored within an information system, and should be accessible to the public.












(15)


To ensure transparency and uniformity across Member States, it is necessary to establish and maintain 
a single
 electronic Union register of geographical indications, registered as protected designations of origin or protected geographical indications. 
The periodically updated
 register should provide information to consumers and to those involved in trade
, in compliance with the Union rules in force on the protection of know-how and trade secrets, on all types of geographical indications entered into the register pursuant to their registration in the Member State, by third country application, as a result of a concluded international trade agreement or upon international registration derived from the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications.
 The register should be an electronic database stored within an information system, and should be accessible to the public. 
That register should enable easy access to the product specifications behind each geographical indication and quality schemes, regardless of whether they are from the Union or from third countries, including those recognised via trade agreements or via the mechanism provided for in the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications.











Amendment 18


Proposal for a regulation


Recital 15








Text proposed by the Commission




Amendment











(15)


To ensure transparency and uniformity across Member States, it is necessary to establish and maintain an electronic Union register of geographical indications, registered as protected designations of origin or protected geographical indications. The register should provide information to consumers and to those involved in trade. The register should be an electronic database stored within 
an
 information system, and should be accessible to the public.












(15)


To ensure transparency and uniformity across Member States, it is necessary to establish and maintain an electronic Union register of geographical indications, registered as protected designations of origin or protected geographical indications. The register should provide information to consumers and to those involved in trade. The register should be an electronic database stored within 
a secure
 information system, and should be accessible to the public. 
It should be kept up-to date and maintained by the European Union Intellectual Property Office (EUIPO). That register should enable easy access to the product specifications behind each geographical indication and quality schemes, regardless of whether they are from the Union or from third countries, including those recognised via trade agreements or via


the mechanism provided for in the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications.











Amendment 19


Proposal for a regulation


Recital 16








Text proposed by the Commission




Amendment











(16)




The
 Union 
negotiates international agreements, including those concerning the protection of designations of origin and
 geographical indications
, with its
 trade 
partners.
 In order to facilitate the provision to the public of information about the names protected by those international agreements, and in particular to ensure protection and control of the use to which those names are put, those names may be entered in the Union register of geographical indications. Unless specifically identified as designations of origin in such international agreements, the names should be entered in the register as protected geographical indications.












(16)




Given their recognised role in creating economic value and jobs, maintaining local traditions and knowledge and protecting natural resources, all
 Union geographical indications 
should be protected under bilateral and multilateral
 trade 
agreements and other international agreements through the recognition of the Union system as such. In that regard, the Union should devote significant commercial and diplomatic efforts to ensuring the protection of traditional practices which bring together historical, cultural and gastronomic heritage while ensuring sustainable production. Furthermore, international trade agreements with particular provisions on the protection of designations of origin and geographical indications are of particular importance, as they provide market access and opportunities for economic growth and jobs for both the Union and third countries right-holders, while protecting against unfair practices and safeguarding consumer safety and health.
 In order to facilitate the provision to the public of information about the names protected by the international agreements, and in particular to ensure protection and control of the use to which those names are put, those names should be entered in the Union register of geographical indications. Unless specifically identified as designations of origin in such international agreements, the names should be entered in the register as protected geographical indications.









Amendment 20


Proposal for a regulation


Recital 16 a (new)








Text proposed by the Commission




Amendment





 










(16a)






In order to unlock the full potential of designations of origin and geographical indications in international trade, this Regulation should be complemented with further cooperation and engagement with third countries through trade policy with a view to enhancing legislative frameworks for the protection and enforcement of designations of origin and geographical indications in third country markets, taking due consideration of the level of development of third countries.











Amendment 21


Proposal for a regulation


Recital 17








Text proposed by the Commission




Amendment











(17)


For the optimal functioning of the internal market, it is important that producers and other operators concerned, authorities and consumers may quickly and easily have access to the relevant information concerning a registered protected designation of origin or protected geographical indication. This information should include, where applicable, the information on the identity of the producer group recognised at national level.












(17)


For the optimal functioning of the internal market, it is important that producers and other operators concerned, authorities and consumers may quickly and easily have access to the relevant information concerning a registered protected designation of origin or protected geographical indication 
in all the official Union languages
. This information should include, where applicable, the information on the identity of the producer group recognised at national level.









Amendment 22


Proposal for a regulation


Recital 17 a (new)








Text proposed by the Commission




Amendment





 










(17a)






While negotiating trade agreements, or specific bilateral agreements on geographical indications, the parties should always bear in mind their specificities and the complex tissue of producers entering into the scope of the protected products. In that regard, special attention should be given to micro, small and medium-sized producers avoiding disproportionate burdens and additional costs since they are key actors and preservers of the system. In order to ensure fair competition and promote international trade, this Regulation should not, therefore, create discrimination nor should it constitute a barrier for potential applicants, particularly producers in the Union and third countries qualifying as micro, small or medium-sized enterprises.











Amendment 23


Proposal for a regulation


Recital 23








Text proposed by the Commission




Amendment











(23)


Producer groups play an essential role in the application process for 
the
 registration 
of geographical indications
, as well as in the amendment of specifications and cancellation requests. They should be equipped with the means to better identify and market the specific characteristics of their products. The role of the producer group should hence be clarified.












(23)


Producer groups
, including those defined by Member States’ national law,
 play an essential role in 
the management of their geographical indications, including
 the application process for registration, as well as in the amendment of specifications and cancellation requests. They should be equipped with the means to better identify and market the specific characteristics of their products 
as well as adequate resources to exercise their powers and responsibilities
. The role of the producer group should hence be clarified. 
Member States should be able to provide that the contribution to costs associated with the exercise of powers and responsibilities by the recognised producer group is compulsory for all producers of products designated by that geographical indication. Other interested parties, including specialist organisations, non-governmental organisations such as consumer groups, or public bodies could provide technical advice and help in the preparation of the application and the related procedure.











Amendment 24


Proposal for a regulation


Recital 25 a (new)








Text proposed by the Commission




Amendment





 










(25a)






The recognition and protection of established rights in the domain names industry at international level is essential to prevent the usurpation of the reputation of geographical indications due to the strong development of commerce on the internet. The Union's trade agreements with third countries currently constitute the most appropriate framework for reinforcing protection at the international level. The Commission should pay special attention to the need to include the protection of geographical indications rights at domain names level in bilateral trade agreements and other international trade negotiations, and strengthen its mediation work with the bodies in charge of assigning domain names, and very particularly with Internet Corporation for Assigned Names and Numbers (ICANN), with the objective to include the GIs’ existing rights in the Uniform Domain Name Dispute Resolution Policy (UDRP).











Amendment 25


Proposal for a regulation


Recital 26








Text proposed by the Commission




Amendment











(26)


The relationship between trademarks and geographical indications should be clarified in relation to criteria for the rejection of trademark applications, the invalidation of trademarks and the coexistence between trademarks and geographical indications.












(26)


The relationship between trademarks and geographical indications should be clarified 
and made more transparent
 in relation to criteria for the rejection of trademark applications, the invalidation of trademarks and the coexistence between trademarks and geographical indications.









Amendment 26


Proposal for a regulation


Recital 27








Text proposed by the Commission




Amendment











(27)


In order to avoid creating unfair conditions of competition, any producer, including a third-country producer, should be able to use a registered geographical indication, provided that the product concerned complies with the requirements of the relevant product specification or single document or an equivalent to the latter, i.e. a complete summary of the product specification. The system set up by the Member States should also guarantee that producers complying with the rules are entitled to be covered by the verification of compliance of the product specification.












(27)


In order to avoid creating unfair conditions of competition, any producer, including a third-country producer, should be able to use a registered geographical indication, provided that the product concerned complies with the requirements of the relevant product specification or single document or an equivalent to the latter, i.e. a complete summary of the product specification. The system set up by the Member States should also guarantee that producers complying with the rules are entitled to be covered by the verification of compliance of the product specification. 
Third country producers should be subject to Union-comparable verification procedures set up by their respective oversight authorities.











Amendment 27


Proposal for a regulation


Recital 29








Text proposed by the Commission




Amendment











(29)


The labelling of 
wine,
 spirit drinks and agricultural products should be subject to the general rules laid down in Regulation (EU) No 1169/2011 of the European Parliament and of the Council (29), and in particular the provisions aimed at preventing labelling that may confuse or mislead consumers.












(29)


The labelling of spirit drinks and agricultural products should be subject to the general rules laid down in Regulation (EU) No 1169/2011 of the European Parliament and of the Council (29), and in particular the provisions aimed at preventing labelling that may confuse or mislead consumers.









Amendment 28


Proposal for a regulation


Recital 30








Text proposed by the Commission




Amendment











(30)


The use of Union symbols or indications on the packaging of products designated by a geographical indication should be made obligatory in order to make this category of products, and the guarantees attached to them, better known to consumers and to permit easier identification of these products on the market, thereby facilitating checks. However, in view of the specific nature of products covered by this Regulation, special provisions concerning labelling should be maintained for 
wine and
 spirit drinks. The use of such symbols or indications should remain voluntary for third country geographical indications and designations of origin.












(30)


The use of Union symbols or indications on the packaging of
, and on the presentation pages of retail websites for,
 products designated by a geographical indication should be made obligatory in order to make this category of products, and the guarantees attached to them, better known to consumers and to permit easier identification of these products on the market, thereby facilitating checks. However, in view of the specific nature of products covered by this Regulation, special provisions concerning labelling should be maintained for spirit drinks. The use of such symbols or indications should remain voluntary for third country geographical indications and designations of origin.









Amendment 29


Proposal for a regulation


Recital 31








Text proposed by the Commission




Amendment











(31)


The added value of the geographical indications is based on consumer trust. The system of geographical indications significantly relies on self-control, due diligence and individual responsibility of producers, while it is the role of the competent authorities of the Member States to take the necessary steps to prevent or stop the use of names of products, which are in breach of the rules governing geographical indications. The role of the Commission is to intervene in case of a systemic failure to apply Union law. Geographical indications should be subject to the system of official controls, in line with the principles set out in Regulation (EU) 2017/625 of the European Parliament and of the Council (30), which should include a system of controls at all stages of production, processing and distribution. Each operator should be subject to a control system that verifies compliance with the product specification. 
Taking into account that wine is subject to specific controls defined in the sectoral legislation, this Regulation should lay down controls for spirit drinks and agricultural products only.














(31)


The added value of the geographical indications is based on consumer trust. The system of geographical indications significantly relies on self-control, due diligence and individual responsibility of producers, while it is the role of the competent authorities of the Member States to take the necessary steps to prevent or stop the use of names of products, which are in breach of the rules governing geographical indications. The role of the Commission is to intervene in case of a systemic failure to apply Union law. Geographical indications should be subject to the system of official controls, in line with the principles set out in Regulation (EU) 2017/625 of the European Parliament and of the Council (30), which should include a system of controls at all stages of production, processing and distribution. Each operator should be subject to a control system that verifies compliance with the product specification.









Amendment 30


Proposal for a regulation


Recital 31 a (new)








Text proposed by the Commission




Amendment





 










(31a)






The registered trademarks of geographical indications have an asset value which can be determined after a clear and objective analysis by an independent third party. Such a value may be included into the annual balance sheet of both producer groups and individual producers.











Amendment 31


Proposal for a regulation


Recital 32








Text proposed by the Commission




Amendment











(32)


In order to ensure that they are impartial and effective, the competent authorities designated to perform the verification of the compliance with the product specification should meet a number of operational criteria. Provisions on delegating some competences of performing specific control tasks to product certification bodies should be envisaged to facilitate the task of the control authorities and make the system more effective.












(32)


In order to ensure that they are impartial and effective, the competent authorities designated to perform the verification of the compliance with the product specification should meet a number of operational criteria. 
When designating authorities responsible for taking appropriate administrative and judicial steps to prevent or stop the unlawful use of protected designations of origin and protected geographical indications, Member States should ensure that those authorities provide adequate guarantees of transparency, objectivity and impartiality, and that they have at their disposal the qualified staff and resources necessary to carry out their functions.
 Provisions on delegating some competences of performing specific control tasks to product certification bodies should be envisaged to facilitate the task of the control authorities and make the system more effective.









Amendment 32


Proposal for a regulation


Recital 35








Text proposed by the Commission




Amendment











(35)


Enforcement of geographical indications in the marketplace is important to prevent fraudulent and deceptive practices thus ensuring that producers are properly rewarded for the added value of their products bearing a geographical indication and that illegal users of those geographical indications are prevented from selling their products. Controls should be carried out based on risk assessment or notifications from operators, and appropriate administrative and judicial steps should be taken to prevent or stop the use of names on products or services that contravene the protected geographical indications.












(35)


Enforcement of geographical indications in the marketplace is important to prevent fraudulent and deceptive practices 
and the effective combating of counterfeiting,
 thus ensuring that producers are properly rewarded for the added value of their products bearing a geographical indication and that illegal users of those geographical indications are prevented from selling their products. Controls should be carried out based on risk assessment or notifications from operators, and appropriate
, effective and proportionate
 administrative and judicial steps should be taken to prevent or stop the use of names on products or services that 
fail to respect, or
 contravene, the protected geographical indications.









Amendment 33


Proposal for a regulation


Recital 37








Text proposed by the Commission




Amendment











(37)


Taking into account that a product designated by the geographical indication produced in one Member State might be sold in another Member State, administrative assistance between Member States should be ensured to allow effective controls and its practicalities should be laid down.












(37)


Taking into account that a product designated by the geographical indication produced in one Member State might be sold in another Member State, administrative assistance between Member States 
and with third countries
 should be ensured to allow effective controls and its practicalities should be laid down.









Amendment 34


Proposal for a regulation


Recital 39








Text proposed by the Commission




Amendment











(39)


The procedures for registration, amendment and cancellation of geographical indications, including the scrutiny and the opposition procedure, should be carried out in the most efficient way. 
This can be achieved by using the assistance for the scrutiny of the applications provided
 by the European 
Union Intellectual Property Office (EUIPO). While a partial outsourcing to EUIPO has been considered,
 the Commission 
would
 remain responsible for registration, amendment and cancellation, due to a strong relation with the Common Agricultural Policy and to the expertise needed to ensure that specificities of wine, spirit drinks and agricultural products are adequately assessed.












(39)


The procedures for registration, amendment and cancellation of geographical indications, including the scrutiny and the opposition procedure, should be carried out in the most efficient way. 
According to the Special Report drafted
 by the European 
Court of Auditors, since the signature of the Memorandum of Understanding in 2018 between
 the Commission 
and the EUIPO, there has been no improvement in the length of the procedures regarding, in particular, the analysis of applications for registration and amendments to product specifications of geographical indications. The Commission should
 remain responsible for registration, amendment and cancellation, due to a strong relation with the Common Agricultural Policy and to the expertise needed to ensure that specificities of wine, spirit drinks and agricultural products are adequately assessed.









Amendment 35


Proposal for a regulation


Recital 44








Text proposed by the Commission




Amendment











(44)


The specific objective of the scheme for traditional specialities guaranteed is to help the producers of traditional products to communicate to consumers the value-adding attributes of their product. In order to avoid creating unfair conditions of competition, any producer, including a producer from a third country, should be able to use a registered name of a traditional speciality guaranteed, provided that the product concerned complies with the requirements of the relevant specification and the producer is covered by a system of controls.












(44)


The specific objective of the scheme for traditional specialities guaranteed is to help the producers of traditional products to communicate to consumers the value-adding attributes of their product. In order to avoid creating 
imbalances on the internal market or
 unfair conditions of competition, any producer, including a producer from a third country, should be able to use a registered name of a traditional speciality guaranteed, provided that the product concerned complies with the requirements of the relevant specification and the producer is covered by a system of controls.









Amendment 36


Proposal for a regulation


Recital 46








Text proposed by the Commission




Amendment











(46)


To ensure that traditional specialities guaranteed comply with their specification and are consistent, producers organised into groups should themselves define the product in a specification. The option of registering a name as a traditional speciality guaranteed should be open to third country producers.












(46)


To ensure that traditional specialities guaranteed comply with their specification and are consistent, producers organised into groups should themselves define the product in a specification. The option of registering a name as a traditional speciality guaranteed should be open to third country producers 
with a control system or equivalent
.









Amendment 37


Proposal for a regulation


Recital 47








Text proposed by the Commission




Amendment











(47)


To ensure transparency, the traditional specialities guaranteed should be entered in the register.












(47)


To ensure transparency, the traditional specialities guaranteed should be entered in the 
single
 register 
provided for in this Regulation
.









Amendment 38


Proposal for a regulation


Recital 48








Text proposed by the Commission




Amendment











(48)


In order to avoid creating unfair conditions of competition, any producer, including a producer from a third country, should be able to use a registered name of a traditional speciality guaranteed, provided that the product concerned complies with the requirements of the relevant specification and the producer is covered by 
a
 system of controls. For traditional specialities guaranteed produced within the Union, the Union symbol should be indicated on the labelling and it should be possible to associate it with the indication ‘traditional speciality guaranteed’. The use of the names, the Union symbol and the indication should be regulated to ensure a uniform approach across the internal market.












(48)


In order to avoid creating 
imbalances on the internal market or
 unfair conditions of competition, any producer, including a producer from a third country, should be able to use a registered name of a traditional speciality guaranteed, provided that the product concerned complies with the requirements of the relevant specification and the producer is covered by 
the
 system of controls. For traditional specialities guaranteed produced within the Union, the Union symbol should be indicated on the labelling and it should be possible to associate it with the indication ‘traditional speciality guaranteed’. The use of the names, the Union symbol and the indication should be regulated 
correspondingly
 to ensure a uniform approach across the internal market.









Amendment 39


Proposal for a regulation


Recital 50








Text proposed by the Commission




Amendment











(50)


In order not to mislead the consumers, registered traditional specialities guaranteed should be protected against any misuse or imitation, including as regards products used as ingredients, or against any other practice liable to mislead 
the consumer
. Pursuing the same objective, rules should be laid down for specific uses of traditional specialities guaranteed, notably as regards the use of terms that are generic in the Union, labelling which contains or comprises the denomination of a plant variety or animal breed and trade marks.












(50)


In order not to mislead consumers 
and to provide them with accurate information
, registered traditional specialities guaranteed should be protected against any misuse, imitation 
or counterfeiting
, including as regards products used as ingredients, or against any other practice liable to mislead 
consumers and which may distort the information provided to them
. Pursuing the same objective, rules should be laid down for specific uses of traditional specialities guaranteed, notably as regards the use of terms that are generic in the Union, labelling which contains or comprises the denomination of a plant variety or animal breed and trade marks.









Amendment 40


Proposal for a regulation


Recital 53 a (new)








Text proposed by the Commission




Amendment





 










(53а)






Owing to the growing demand from producers of various products, including ones produced by individual farmers, which do not fall into any other categories but which bear the hallmarks of a quality scheme, and bearing in mind the weaker competitiveness of farmers who nevertheless wish to sell directly to final consumers, a new optional quality term ‘farmer’s product’ should be introduced with a view to providing consumers with information on a specific product characteristic. Member States should draw up criteria which a product are to satisfy in order to be able to use the optional quality term ‘farmer’s product’.











Amendment 41


Proposal for a regulation


Recital 56








Text proposed by the Commission




Amendment











(56)


In order to supplement or amend certain non-essential elements of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of 
defining sustainability standards and laying down criteria for the recognition of existing sustainability standards; clarifying or adding items to be supplied as part of accompanying information;
 entrusting the EUIPO with the tasks related to 
scrutiny for opposition and the opposition procedure, operation of the register, publication of standard amendments to a product specification, consultation in the context of cancellation procedure, establishment and management of an
 alert system informing applicants about the availability of their geographical indication as a domain name, 
scrutiny of third country geographical indications other than geographical indications under the Geneva Act
 of the 
Lisbon Agreement on Appellations of Origin and
 Geographical Indications (34)

, proposed for protection pursuant to international negotiations or international agreements
; establishing appropriate criteria for monitoring performance of the EUIPO in the execution of the tasks entrusted to it
; laying down additional rules on the use of geographical indications to identify ingredients in processed products; laying down additional rules for determining the generic status of terms
; establishing the restrictions and derogations with regard to the sourcing of feed in the case of a designation of origin; establishing restrictions and derogations with regard to the slaughtering of live animals or with regard to the sourcing of raw materials; laying down rules for determining the use of the denomination of a plant variety or of an animal breed; laying down rules which limit the information containedin the product specification for geographical indications and traditional specialities guaranteed; laying down further details of the eligibility criteria for traditional specialities guaranteed; laying down additional rules to provide for appropriate certification and accreditation procedures to apply in respect of product certification bodies; laying down additional rules to further detail protection of traditional specialities guaranteed; laying down for traditional specialities guaranteed additional rules for determining the generic status of terms, conditions for use of plant variety and animal breed denominations, and relation to intellectual property rights; defining additional rules for joint applications concerning more than one national territory and complementing the rules of the application process for traditional specialities 
guaranteed
 guaranteed; complementing the rules for the opposition procedure for traditional specialities guaranteed to establish detailed procedures and deadlines; supplementing the rules regarding the amendment application process for traditional specialities guaranteed; supplementing the rules regarding the cancellation process for traditional specialities guaranteed; laying down detailed rules relating to the criteria for optional quality terms; reserving an additional optional quality term, laying down its conditions of use; laying down derogations to the use of the term ‘mountain product’ and establishing the methods of production, and other criteria relevant for the application of that optional quality term, in particular, laying down the conditions under which raw materials or feedstuffs are permitted to come from outside the mountain areas. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (35). In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.












(56)


In order to supplement or amend certain non-essential elements of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of entrusting the EUIPO with the tasks related to 
the development of a Union
 alert system 
to fight against online counterfeiting of geographical indications,
 informing applicants about the availability of their geographical indication as a domain name
; monitoring
 of the 
registration of domain names in the Union which would conflict with the names included in the Union register of
 geographical indications; establishing appropriate criteria for monitoring performance of the EUIPO in the execution of the tasks entrusted to it; establishing the restrictions and derogations with regard to the sourcing of feed in the case of a designation of origin; establishing restrictions and derogations with regard to the slaughtering of live animals or with regard to the sourcing of raw materials; laying down rules for determining the use of the denomination of a plant variety or of an animal breed; laying down rules which limit the information contained in the product specification for geographical indications and traditional specialities guaranteed; laying down further details of the eligibility criteria for traditional specialities guaranteed; laying down additional rules to provide for appropriate certification and accreditation procedures to apply in respect of product certification bodies; laying down additional rules to further detail protection of traditional specialities guaranteed; laying down for traditional specialities guaranteed additional rules for determining the generic status of terms, conditions for use of plant variety and animal breed denominations, and relation to intellectual property rights; defining additional rules for joint applications concerning more than one national territory and complementing the rules of the application process for traditional specialities guaranteed; complementing the rules for the opposition procedure for traditional specialities guaranteed to establish detailed procedures and deadlines; supplementing the rules regarding the amendment application process for traditional specialities guaranteed; supplementing the rules regarding the cancellation process for traditional specialities guaranteed; laying down detailed rules relating to the criteria for optional quality terms; reserving an additional optional quality term, laying down its conditions of use; laying down derogations to the use of the term ‘mountain product’ and establishing the methods of production, and other criteria relevant for the application of that optional quality term, in particular, laying down the conditions under which raw materials or feedstuffs are permitted to come from outside the mountain areas. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (35). In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.









 









Amendment 42


Proposal for a regulation


Recital 60 a (new)








Text proposed by the Commission




Amendment





 










(60а)






In the case of products for which a Union protection procedure, such as ‘protected designation of origin’, ‘protected geographical indication’ or ‘traditional-specific food’ in accordance with the rules and requirements of Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs has been initiated before the date of entry into force of this Regulation, applicants for protection should be entitled to continue and complete the procedure which they have started.











Amendment 43


Proposal for a regulation


Article 1 — paragraph 1 — introductory part








Text proposed by the Commission




Amendment





This Regulation lays down the rules on:


This Regulation lays down the rules on 
the following quality schemes
:





Amendment 44


Proposal for a regulation


Article 1 — paragraph 1 — point a








Text proposed by the Commission




Amendment











(a)


geographical indications for 
wine,
 spirit drinks 
and agricultural products.














(a)




protected designations of origin (PDOs) and protected geographical indications (PGIs) for wine, agricultural products and foodstuffs, and
 geographical indications for spirit drinks;









Amendment 45


Proposal for a regulation


Article 1 — paragraph 1 — point b








Text proposed by the Commission




Amendment











(b)


traditional specialities guaranteed and 
optional quality terms for agricultural products.














(b)


traditional specialities guaranteed 
(TSGs);
 and









Amendment 46


Proposal for a regulation


Article 1 — paragraph 1 — point b a (new)








Text proposed by the Commission




Amendment





 










(ba)






optional quality terms for agricultural products.











Amendment 47


Proposal for a regulation


Article 2 — paragraph 1 — point -a (new)








Text proposed by the Commission




Amendment





 










(-a)





‘quality schemes’ means the schemes established under Titles II, III and IV;










Amendment 48


Proposal for a regulation


Article 2 — paragraph 1 — point a








Text proposed by the Commission




Amendment











(a)


‘producer group’ means any association, irrespective of its legal form, 
mainly
 composed of producers 
or
 processors of the same product;












(a)


‘producer group’ means any association, irrespective of its legal form, composed of producers 
of raw material,
 processors 
or operators involved in the production
 of the same product;









Amendment 49


Proposal for a regulation


Article 2 — paragraph 1 — point b








Text proposed by the Commission




Amendment











(b)


‘traditional’ and ‘tradition’, associated with a product 
originating in a geographical area
, means proven historical usage by producers in a community for a period that allows transmission between generations; 
this
 period is to be at least 30 years and 
the said
 usage may embrace modifications necessitated by changing hygiene 
and
 safety practices;












(b)


‘traditional’ and ‘tradition’, associated with a product, means proven historical usage 
of the name
 by producers in a community for a period that allows transmission between generations; 
that
 period is to be at least 30 years and 
such
 usage may embrace modifications necessitated by changing hygiene, safety 
and other relevant
 practices
, such as those related to sustainability, animal health and welfare
;









Amendment 50


Proposal for a regulation


Article 2 — paragraph 1 — point d








Text proposed by the Commission




Amendment











(d)


‘production step’ means any stage of production, processing, preparation or ageing, up to the point where the product 
is in a form
 to be placed on the internal market;












(d)


‘production step’ means any stage of 
supply,
 production, processing, preparation or ageing, 
performed
 up to the point where the product 
meets all the requirements needed
 to be placed on the internal market;









Amendment 51


Proposal for a regulation


Article 2 — paragraph 1 — point f








Text proposed by the Commission




Amendment











(f)


‘product certification bodies’ means bodies within the meaning of Title II, Chapter III, of Regulation (EU) 2017/625 which certify that products designated by geographical indications or traditional specialities guaranteed comply with the product specification.












(f)


‘product certification bodies’ means 
delegated
 bodies within the meaning of Title II, Chapter III, of Regulation (EU) 2017/625 which certify that products designated by geographical indications or traditional specialities guaranteed comply with the product specification;









Amendment 52


Proposal for a regulation


Article 2 — paragraph 1 — point g — introductory part








Text proposed by the Commission




Amendment











(g)


‘generic term’ means:












(g)


‘generic term’ means 
the name of products which, although relating to the place, region or country where a product was originally produced or marketed, have become the common name of a product in the Union;











Amendment 53


Proposal for a regulation


Article 2 — paragraph 1 — point g — point i








Text proposed by the Commission




Amendment













(i)






the name of products which, although relating to the place, region or country where a product was originally produced or marketed, have become the common name of a product in the Union; and










deleted







Amendment 54


Proposal for a regulation


Article 2 — paragraph 1 — point g — point ii








Text proposed by the Commission




Amendment













(ii)






a common term descriptive of types of products, product attributes or other terms that do not refer to specific product;










deleted







Amendment 55


Proposal for a regulation


Article 4 — paragraph 1 — introductory part








Text proposed by the Commission




Amendment






1.   This Title provides for a unitary and exclusive system of geographical indications, protecting the names of wine, spirit drinks and agricultural products having characteristics, attributes or reputation linked to their place of production, thereby 
ensuring the following
:




1.   This Title provides for a unitary and exclusive system of geographical indications, protecting the names of wine, spirit drinks and agricultural products having characteristics, attributes or reputation linked to their place of production, thereby:






Amendment 56


Proposal for a regulation


Article 4 — paragraph 1 — point -a (new)








Text proposed by the Commission




Amendment





 










(-a)





helping producers obtain a fair return for the quality of their products;










Amendment 57


Proposal for a regulation


Article 4 — paragraph 1 — point -a a (new)








Text proposed by the Commission




Amendment





 










(-aa)






contributing to the achievement of rural development policy objectives by providing support to agricultural and processing activities and the farming systems associated with high-quality products;











Amendment 58


Proposal for a regulation


Article 4 — paragraph 1 — point a








Text proposed by the Commission




Amendment











(a)


producers acting collectively have the necessary powers and responsibilities to manage their geographical indication, including to respond to societal demands for products resulting from sustainable production in its three dimensions of economic, environmental and social value, and to operate in the market;












(a)




ensuring that
 producers acting collectively have the necessary powers and responsibilities to manage their geographical indication, including 
to create value and
 to respond to societal demands for products resulting from sustainable production in its three dimensions of economic, environmental and social value, 
animal health and welfare,
 and to operate in the 
Union internal
 market 
and on international markets
;









Amendment 59


Proposal for a regulation


Article 4 — paragraph 1 — point b








Text proposed by the Commission




Amendment











(b)


fair competition for producers in the marketing chain;












(b)




ensuring
 fair competition for 
farmers and
 producers 
of agricultural products and foodstuffs, in order to generate added value
 in the marketing chain;









Amendment 60


Proposal for a regulation


Article 4 — paragraph 1 — point b a (new)








Text proposed by the Commission




Amendment





 










(ba)






contributing to the aim of sharing that added value across the supply chain, in order to ensure producers’ capacity to invest in the quality, reputation and sustainability of their products;











Amendment 61


Proposal for a regulation


Article 4 — paragraph 1 — point c








Text proposed by the Commission




Amendment











(c)


consumers receive reliable information and a guarantee of authenticity of such products and can readily identify them in the marketplace including in electronic commerce;












(c)




ensuring that
 consumers receive reliable information and a guarantee of authenticity 
and traceability of the quality, reputation and other characteristics linked to the place of production
 of such products and can readily identify them in the marketplace including in 
the domain name system and in
 electronic commerce;









Amendment 62


Proposal for a regulation


Article 4 — paragraph 1 — point d








Text proposed by the Commission




Amendment











(d)


efficient registration of geographical indications taking into account the appropriate protection of intellectual property rights; and












(d)




ensuring the simple,
 efficient 
and user-friendly
 registration of geographical indications taking into account the 
uniform,
 appropriate 
and effective
 protection of intellectual property rights 
in the internal market including digital markets across the Union
; and









Amendment 63


Proposal for a regulation


Article 4 — paragraph 1 — point e








Text proposed by the Commission




Amendment











(e)


effective enforcement and marketing throughout the Union and in electronic commerce ensuring the integrity of the internal market.












(e)




ensuring
 effective 
controls,
 enforcement
, use
 and marketing throughout the Union and in 
the domain name system and in
 electronic commerce
, thereby
 ensuring the integrity of the internal market;









Amendment 64


Proposal for a regulation


Article 4 — paragraph 1 — point e a (new)








Text proposed by the Commission




Amendment





 










(ea)






preserving know-how, and promoting and supporting local and regional products;











Amendment 65


Proposal for a regulation


Article 4 — paragraph 1 — point e b (new)








Text proposed by the Commission




Amendment





 








(
eb)






ensuring the effective protection of intellectual property rights of producers of such products in third country markets in compliance with international agreements, standards, best practices and agreements with third countries
.









Amendment 66


Proposal for a regulation


Article 6 — paragraph 1








Text proposed by the Commission




Amendment






1.   Products designated by geographical indications shall be classified according to the combined nomenclature at two, four 
or six digit
 level. Where a geographical indication covers products of more than one category, each entry shall be specified. Product classification shall only be used for registration, statistical and record keeping purposes. The said classification shall not be used to determine comparable products for the purposes of protection against direct and indirect commercial use referred to in Article 27(1), point (a).




1.   Products designated by geographical indications shall be classified according to the combined nomenclature at two, four
, six or eight-digit
 level
. Additional codes established pursuant to Articles 3 and 5 of Regulation (EEC) No 2658/1987 may be added to the combined nomenclature by the Commission, upon the request of a Member State
. Where a geographical indication covers products of more than one category, each entry shall be specified. Product classification shall only be used for registration, statistical and record keeping purposes. The said classification shall not be used to determine comparable products for the purposes of protection against direct and indirect commercial use referred to in Article 27(1), point (a) 
of this Regulation
.






Amendment 67


Proposal for a regulation


Article 7 — paragraph 1 — point f








Text proposed by the Commission




Amendment











(f)


‘recognised producer group’ means a formal association 
having legal personality and
 recognised by the competent national authorities as the sole group to act on behalf of all producers;












(f)


‘recognised producer group’ means a formal association 
of producers
 recognised by the competent national authorities as the sole group to 
represent and
 act on behalf of all producers
, and fulfilling the requirements laid down in Article 33(1) and (2)
;









Amendment 68


Proposal for a regulation


Article 8 — paragraph 1








Text proposed by the Commission




Amendment






1.   Applications for the registration of geographical indications may only be submitted by a producer group of a product (‘applicant producer group’), the name of which is proposed for registration. 
Regional or local
 public bodies may help in the preparation of the application and in the related procedure.




1.   Applications for the registration of geographical indications may only be submitted by a producer group of a product (‘applicant producer group’), the name of which is proposed for registration. 
Other interested parties, including specialist organisations, non-governmental organisations or
 public bodies may 
provide technical advice and
 help in the preparation of the application and in the related procedure.






Amendment 69


Proposal for a regulation


Article 8 — paragraph 2








Text proposed by the Commission




Amendment






2.   An authority designated by a Member State may be deemed to be an applicant producer group for the purposes of this Title, with respect to geographical indications of a spirit drink, if it is not feasible for the producers concerned to form a group by reason of their number, geographical location or organisational characteristics. In such case, the application referred to in Article 9(2) shall state those reasons.




2.   An authority designated by a Member State 
or by a third country
 may be deemed to be an applicant producer group for the purposes of this Title, with respect to geographical indications of a spirit drink, if it is not feasible for the producers concerned to form a group by reason of their number, geographical location or organisational characteristics. In such case, the application referred to in Article 9(2) shall state those reasons.






Amendment 70


Proposal for a regulation


Article 8 — paragraph 3 — point a








Text proposed by the Commission




Amendment











(a)


the person concerned is the only producer 
willing to submit an
 application for the registration of a geographical indication; and












(a)


the person concerned is the only producer 
of that product at the time of the
 application for the registration of a geographical indication; and









Amendment 71


Proposal for a regulation


Article 8 — paragraph 3 — point b








Text proposed by the Commission




Amendment











(b)


the geographical area 
concerned
 is defined by natural 
features without reference to property boundaries
 and has characteristics which differ appreciably from those of neighbouring areas or the characteristics of the product are different from those produced in neighbouring areas.












(b)


the geographical area is defined by 
a
 natural 
environment
 and has characteristics which differ appreciably from those of neighbouring areas or the characteristics of the product are different from those produced in neighbouring areas 
or, in the case of spirit drinks, where the spirit drink has a special quality, reputation or other characteristic which is clearly attributable to its geographical origin
.









Amendment 72


Proposal for a regulation


Article 8 — paragraph 3 — subparagraph 1 a (new)








Text proposed by the Commission




Amendment





 




In the case of wines, a single applicant shall be the winemaker.







Amendment 73


Proposal for a regulation


Article 8 — paragraph 4 a (new)








Text proposed by the Commission




Amendment





 





4a.
   
This Regulation shall not discriminate against nor create barriers for applicants, particularly for producers in the Union and third countries that qualify as micro, small or medium-sized enterprises within the meaning of the Annex to Commission Recommendation 2003/361/EC.








Amendment 74


Proposal for a regulation


Article 9 — paragraph 2 — point c a (new)








Text proposed by the Commission




Amendment





 










(ca)






a study on the economic sustainability of the supply chain concerned.











Amendment 75


Proposal for a regulation


Article 9 — paragraph 4








Text proposed by the Commission




Amendment






4.   As part of the scrutiny referred to in paragraph (3), the Member State shall conduct a national opposition procedure. The national opposition procedure shall ensure publication of the 
application for registration
 and provide for a period of at least 2 months from the date of publication within which any natural or legal person having a legitimate interest and established or resident on the territory of the Member State in which the product concerned originates may lodge an opposition to the application for registration with that Member State.




4.   As part of the scrutiny referred to in paragraph (3), the Member State shall conduct a national opposition procedure. The national opposition procedure shall ensure publication of the 
product specification provided for in Article 11
 and provide for a period of at least 2 months from the date of publication within which any natural or legal person having a legitimate interest and established or resident on the territory of the Member State in which the product concerned originates may lodge an opposition to the application for registration with that Member State.






Amendment 76


Proposal for a regulation


Article 9 — paragraph 7








Text proposed by the Commission




Amendment






7.   The Member State shall ensure that its decision, be it favourable or not, is made public and that 
any natural or legal person having a legitimate interest
 has an opportunity to lodge an appeal. The Member State shall also ensure that the product specification on which its favourable decision is based is published, and shall provide electronic access to the product specification.




7.   The Member State shall ensure that its decision, be it favourable or not, is made public and that 
the applicant
 has an opportunity to lodge an appeal. The Member State shall also ensure that the product specification on which its favourable decision is based is published, and shall provide electronic access to the product specification.






Amendment 77


Proposal for a regulation


Article 9 — paragraph 7 a (new)








Text proposed by the Commission




Amendment





 





7a.
   
In the case of cross-border registration applications, the related national procedures, including the objection phase, shall be carried out in all Member States concerned.








Amendment 78


Proposal for a regulation


Article 12 — paragraph - 1 (new)








Text proposed by the Commission




Amendment





 





-1.
   
For the purpose of this Article, a ‘sustainability undertaking’ refers to an undertaking which contributes to one or more social, environmental or economic objectives, including:







 










(a)






climate change mitigation and adaptation, including energy efficiency and decrease water consumption;










 










(b)






preservation and sustainable use of soil, landscapes and natural resources;










 










(c)






improving soil fertility;










 










(d)






preservation of biodiversity and plants varieties, and transition to a circular economy;










 










(e)






transition to a circular economy;










 










(f)






reduction of the use of pesticides;










 










(g)






reduction of greenhouse gas (GHG) emissions;










 










(h)






reduction of the use of antimicrobials;










 










(i)






improving animal health and welfare;










 










(j)






securing viable income and improving resilience for producers of products benefiting from a protected designation of origin or a protected geographical indication;










 










(k)






improving the quality and the economic value of products benefiting from a protected designation of origin or a protected geographical indication, and redistributing added value across the supply chain;










 










(l)






contributing to the diversification of activities promoting the rural economy;










 










(m)






promoting local agricultural production, and preserving the rural fabric and local development, including agricultural employment;










 










(n)






attracting and sustaining young producers of products benefiting from a protected designation of origin or a protected geographical indication and new producers of products benefiting from a protected designation of origin or a protected geographical indication, and facilitating the inter-generational transmission of know-how and culture;










 










(o)






improving working and safety conditions in agricultural and processing activities;










 










(p)






contributing to the valorisation of rural areas as well as cultural and gastronomic heritage to promote education on themes concerning the quality system, food safety and balanced and diversified diets;










 










(q)






improving coordination between producers through improved efficiency of the governance instruments.











Amendment 79


Proposal for a regulation


Article 12 — paragraph 1








Text proposed by the Commission




Amendment






1.   A producer group may agree on sustainability undertakings to be adhered to in the production of the product designated by a geographical indication. Such undertakings shall aim to apply a sustainability standard 
higher than mandated
 by Union or national law 
and go beyond good practice in significant respects
 in terms of social, environmental 
or
 economic undertakings. Such undertakings shall be specific, shall take account of existing sustainable practices employed for products designated by geographical indications, and may refer to existing sustainability schemes.




1.   A producer group may agree on sustainability undertakings to be adhered to in the production of the product designated by a geographical indication. Such undertakings shall aim to apply a sustainability standard 
that goes beyond that required
 by Union or national law in terms of social, environmental, economic 
or animal health and welfare
 undertakings. Such undertakings shall be specific, shall take account of existing sustainable practices employed for products designated by geographical indications, 
may complement and contribute to producers’ broader agro-ecological strategies to combat climate change
 and may refer to existing sustainability schemes.






Amendment 80


Proposal for a regulation


Article 12 — paragraph 2








Text proposed by the Commission




Amendment






2.   The sustainability undertakings 
referred to in
 paragraph (1) shall be included in the product specification.




2.   The sustainability undertakings 
agreed on in accordance with
 paragraph (1) shall be 
either
 included in the product specification 
or developed under separate initiatives
.






Amendment 81


Proposal for a regulation


Article 12 — paragraph 4








Text proposed by the Commission




Amendment








4.
   
The Commission shall be empowered to adopt delegated acts in accordance with Article 84 defining sustainability standards in different sectors and laying down criteria for the recognition of existing sustainability standards to which producers of products designated by geographical indications may adhere.







deleted







Amendment 82


Proposal for a regulation


Article 12 — paragraph 5








Text proposed by the Commission




Amendment








5.
   
The Commission may adopt implementing acts defining a harmonised presentation of sustainability undertakings. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 53(2).







deleted







Amendment 83


Proposal for a regulation


Article 12 a (new)








Text proposed by the Commission




Amendment





 




Article 12a






 




Sustainability report






 





1.
   
Producer groups may prepare a sustainability report based on internal audit activities, comprising a description of existing sustainable practices implemented in the production of the product, of the impacts of the method of obtaining the product on sustainability, in terms of social, environmental, economic or animal health and welfare commitments, and information necessary to understand how sustainability affects the development, performance and position of the product.







 




The sustainability report may be updated to take account in particular of progress compared with the outcome of previous internal audit activities.






 





2.
   
The Commission may adopt implementing acts setting out a harmonised format and the online presentation of the report provided for in paragraph 1 of this Article, contributing to the aim of sharing and replicating sustainable practices, also including through advisory services and the development of a network for the exchange of such practices. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 53(2).








Amendment 84


Proposal for a regulation


Article 14 — paragraph 2








Text proposed by the Commission




Amendment






2.   The Commission shall be empowered to adopt delegated acts in accordance with Article 84 supplementing this Regulation by provisions clarifying the requirements 
or listing additional items
 of the accompanying documentation to be supplied.




2.   The Commission shall be empowered to adopt delegated acts in accordance with Article 84 supplementing this Regulation by provisions clarifying the requirements of the accompanying documentation to be supplied.






Amendment 85


Proposal for a regulation


Article 15 — paragraph 1 — point -a (new)








Text proposed by the Commission




Amendment





 










(-a)





the product specification referred to in Article 11;










Amendment 86


Proposal for a regulation


Article 15 — paragraph 6








Text proposed by the Commission




Amendment








6.
   
The Commission shall be empowered to adopt delegated acts in accordance with Article 84 defining procedures and conditions applicable to the preparation and submission of Union applications for registration.







deleted







Amendment 87


Proposal for a regulation


Article 16 — paragraph 1








Text proposed by the Commission




Amendment






1.   A Union application for the registration of a geographical indication shall be submitted to the Commission electronically, through a digital system. The digital system shall have the capacity to allow the submission of applications to 
national
 authorities of a Member State, and 
to
 be used by the Member State in its national procedure.




1.   A Union application for the registration of a geographical indication shall be submitted to the Commission electronically, through a digital system. The digital system shall have the capacity to allow the submission of applications to 
competent
 authorities of a Member State, and 
may
 be used by the Member State in its national procedure.






Amendment 88


Proposal for a regulation


Article 17 — title








Text proposed by the Commission




Amendment







Scrutiny
 by the Commission and publication for opposition




Examination
 by the Commission and publication for opposition





Amendment 89


Proposal for a regulation


Article 17 — paragraph 1








Text proposed by the Commission




Amendment






1.   The Commission shall 
scrutinise
 any application for registration that it receives pursuant to Article 16(1). 
Such scrutiny
 shall 
consist of a check
 that there are no manifest errors, that the information provided in accordance with Article 15 is complete and that the single document referred to in Article 13 is precise 
and technical in nature
. 
It
 shall take into account the outcome of the national procedure carried out by the Member State concerned. 
It shall focus in particular on the single document referred to in Article 13.






1.   The Commission shall 
examine
 any application for registration that it receives pursuant to Article 16(1). 
The Commission
 shall 
verify
 that there are no manifest errors, that the information provided in accordance with Article 15 is complete and that the single document referred to in Article 13 is precise. 
The Commission
 shall take into account the outcome of the national procedure carried out by the Member State concerned.






Amendment 90


Proposal for a regulation


Article 17 — paragraph 2








Text proposed by the Commission




Amendment






2.   
Scrutiny should
 not exceed 
a period of 6
 months. In the event that the 
scrutiny
 period 
exceeds
 or is likely to 
exceed 6 months
 the Commission shall inform the applicant of the reasons for the delay 
in writing
.




2.   
Subject to paragraph 3, the examination period shall
 not exceed 
five
 months 
from the date of submission of the application for registration.







 




That examination period shall not include the period which starts on the date on which the Commission sends its observations or a request for supplementary information to the Member State, and ends on the date on which the Member State responds to the Commission in relation to such observations or to such a request.






 




In duly justified cases, the examination period may be extended by a maximum of three months
. In the event that the 
examination
 period 
is extended
 or is likely to 
be extended,
 the Commission shall inform the applicant 
in writing,
 of the reasons for the delay 
and of the date on which the examination period is expected to end
.





Amendment 91


Proposal for a regulation


Article 17 — paragraph 3








Text proposed by the Commission




Amendment






3.   The Commission may seek supplementary information from the applicant.




3.   
Within three months following the submission of the application for registration,
 the Commission may seek supplementary information from the 
competent authority or from the
 applicant.






Amendment 92


Proposal for a regulation


Article 17 — paragraph 4








Text proposed by the Commission




Amendment






4.   Where, based on the 
scrutiny
 carried out pursuant to paragraph 1, the Commission considers that the conditions laid down in this Regulation and in Regulations (EU) No 1308/2013 and (EU) 2019/787, as appropriate, are fulfilled, it shall publish in the Official Journal of the European Union the single document and the reference to the publication of the product specification.




4.   Where, based on the 
examination
 carried out pursuant to paragraph 1, the Commission considers that the conditions laid down in this Regulation and in Regulations (EU) No 1308/2013 and (EU) 2019/787, as appropriate, are fulfilled, it shall publish in the Official Journal of the European Union the single document and the reference to the publication of the product specification.






Amendment 93


Proposal for a regulation


Article 17 — paragraph 5








Text proposed by the Commission




Amendment








5.
   
The Commission shall be empowered to adopt delegated acts in accordance with Article 84 supplementing this Regulation by rules on entrusting EUIPO with the tasks set out in this Article.







deleted







Amendment 94


Proposal for a regulation


Article 18 — paragraph 1








Text proposed by the Commission




Amendment






1.   Member States shall 
keep
 the Commission 
informed
 of any national administrative or judicial proceedings that may affect the registration of a geographical indication.




1.   Member States shall 
immediately inform
 the Commission of any national administrative or judicial proceedings that may affect the registration of a geographical indication.






Amendment 95


Proposal for a regulation


Article 18 — paragraph 2 — introductory part








Text proposed by the Commission




Amendment






2.   The Commission shall be exempted from the obligation to meet the deadline to perform the 
scrutiny
 referred to in Article 17(2) 
and to inform the applicant of the reasons for the delay
 where it receives a communication from a Member State, concerning an application for registration in accordance with Article 9(6), which:




2.   The Commission shall be exempted from the obligation to meet the deadline to perform the 
examination
 referred to in Article 17(2) where it receives a communication from a Member State, concerning an application for registration in accordance with Article 9(6), which:






Amendment 96


Proposal for a regulation


Article 18 — paragraph 2 — point b








Text proposed by the Commission




Amendment











(b)


requests the Commission to suspend the 
scrutiny
 because national administrative or judicial proceedings have been initiated to challenge the validity of the application and the Member State considers that those proceedings are based on valid grounds.












(b)


requests the Commission to suspend the 
examination
 because national administrative or judicial proceedings have been initiated to challenge the validity of the application and the Member State considers that those proceedings are based on valid grounds.








 




The Commission shall inform the applicant of the reasons for the delay.







Amendment 97


Proposal for a regulation


Article 18 — paragraph 3








Text proposed by the Commission




Amendment






3.   The exemption shall have effect until the Commission is informed by the Member State that the original application has been restored or that the Member State withdraws its request for suspension.




3.   The exemption 
provided for in paragraph 2
 shall have effect until the Commission is informed by 
the competent authority of
 the Member State that the original application has been restored or that the Member State withdraws its request for suspension.






Amendment 98


Proposal for a regulation


Article 18 — paragraph 4








Text proposed by the Commission




Amendment






4.   If the application has been invalidated by a final decision taken by a national court, the Member State shall consider appropriate action such as withdrawal or modification of the Union application for registration, as necessary.




4.   If the application has been invalidated by a final decision taken by a national court, 
the competent authority of
 the Member State shall consider appropriate action such as withdrawal or modification of the Union application for registration, as necessary.






Amendment 99


Proposal for a regulation


Article 19 — paragraph 1








Text proposed by the Commission




Amendment






1.   Within 3 months from the date of publication in the Official Journal of the European Union of the single document and the reference to the product specification pursuant to Article 17(4), the authorities of a Member State or of a third country, or a natural or legal person having a legitimate interest, established or resident in a third country, may lodge an opposition 
or a notice of comment
 with the Commission.




1.   Within 3 months from the date of publication in the Official Journal of the European Union of the single document and the reference to the product specification pursuant to Article 17(4), the authorities of a Member State or of a third country, or a natural or legal person having a legitimate interest, established or resident in a third country, may lodge an opposition with the Commission.






Amendment 100


Proposal for a regulation


Article 19 — paragraph 2








Text proposed by the Commission




Amendment






2.   Any natural or legal person having a legitimate interest, established or resident in a Member State other than the one from which the Union application for registration was submitted, may lodge an opposition with the Member State, in which it is established or resident, within a time limit permitting an opposition 
or notice of comments
 to be lodged pursuant to paragraph (1).




2.   Any natural or legal person having a legitimate interest, established or resident in a Member State other than the one from which the Union application for registration was submitted, may lodge an opposition with the Member State, in which it is established or resident, within a time limit permitting an opposition to be lodged pursuant to paragraph (1).






Amendment 101


Proposal for a regulation


Article 19 — paragraph 4








Text proposed by the Commission




Amendment






4.   The Commission shall 
check
 the admissibility of the opposition. If the Commission considers that the opposition is admissible, it shall, within 5 months from the date of publication in the Official Journal of the European Union invite the authority or the person that lodged the opposition and the authority or the applicant producer group that lodged the application to engage in appropriate consultations for a reasonable period that shall not exceed 3 months. At any time during that period, the Commission may, at the request of the authority or the applicant producer group, extend the deadline for the consultations by a maximum of 3 months.




4.   The Commission shall 
examine
 the admissibility of the opposition. If the Commission considers that the opposition is admissible, it shall, within 5 months from the date of publication in the Official Journal of the European Union 
and, within 30 days from the date of receipt of that opposition,
 invite the authority or the person that lodged the opposition and the authority or the applicant producer group that lodged the application
, in writing,
 to engage in appropriate consultations for a reasonable period that shall not exceed 3 months. At any time during that period, the Commission may, at the request of the authority or the applicant producer group, extend the deadline for the consultations by a maximum of 3 months.






Amendment 102


Proposal for a regulation


Article 19 — paragraph 6








Text proposed by the Commission




Amendment






6.   Within 1 month from the end of the consultations referred to in paragraph (4), the applicant producer group established in the third country or the authorities of the Member State or of the third country from which the Union application for registration was lodged shall notify the Commission of the result of the consultations, including all the information exchanged, whether agreement was reached with one or all of the opponents, and of any consequent changes to the application for registration. The authority or person that lodged an opposition to the Commission may also notify the Commission of its position at the end of the consultations.




6.   Within 1 month from the end of the consultations referred to in paragraph (4), the applicant producer group established in the third country or the 
competent
 authorities of the Member State or of the third country from which the Union application for registration was lodged shall notify the Commission of the result of the consultations, including all the information exchanged, whether agreement was reached with one or all of the opponents, and of any consequent changes to the application for registration. The authority or person that lodged an opposition to the Commission may also notify the Commission of its position at the end of the consultations.






Amendment 103


Proposal for a regulation


Article 19 — paragraph 7








Text proposed by the Commission




Amendment






7.   Where, following the end of the consultations referred to in paragraph (4), the data published in accordance with Article 17(4) have been modified, the Commission shall repeat its 
scrutiny
 of the application for registration as modified. Where the application for registration has been modified in a substantial manner, and the Commission considers that the modified application meets the conditions for registration, it shall publish the application once more in accordance with that paragraph.




7.   Where, following the end of the consultations referred to in paragraph (4), the data published in accordance with Article 17(4) have been modified, the Commission shall repeat its 
examination
 of the application for registration as modified. Where the application for registration has been modified in a substantial manner, and the Commission considers that the modified application meets the conditions for registration, it shall publish the application once more in accordance with that paragraph.






Amendment 104


Proposal for a regulation


Article 19 — paragraph 9








Text proposed by the Commission




Amendment






9.   After completion of the opposition procedure, the Commission shall finalise its assessment of the Union application for registration, taking into account any request for transitional periods, the outcome of the opposition procedure, 
any notice of comments received
 and any other matters arising subsequently to its 
scrutiny
 that may imply a change of the single document.




9.   After completion of the opposition procedure, the Commission shall finalise its assessment of the Union application for registration, taking into account any request for transitional periods, the outcome of the opposition procedure, and any other matters arising subsequently to its 
examination
 that may imply a change of the single document.






Amendment 105


Proposal for a regulation


Article 19 — paragraph 10








Text proposed by the Commission




Amendment






10.   The Commission shall be empowered to adopt delegated acts, in accordance with Article 84 supplementing this Regulation by detailed procedures and deadlines for the opposition procedure, for the official submission of comments by national authorities and persons with a legitimate interest, which will not trigger the opposition procedure 
and by rules on entrusting its tasks set out in this Article to EUIPO
.




10.   The Commission shall be empowered to adopt delegated acts, in accordance with Article 84 supplementing this Regulation by detailed procedures and deadlines for the opposition procedure, for the official submission of comments by national authorities and persons with a legitimate interest, which will not trigger the opposition procedure.






Amendment 106


Proposal for a regulation


Article 20 a (new)








Text proposed by the Commission




Amendment





 




Article 20a






 




Notice of comment procedure






 





1.
   
In order to correct inaccuracies in an ongoing registration procedure for a geographical indication, a competent authority of a Member State or of a third country, or a natural or legal person having a legitimate interest and established or resident in a third country or in another Member State, may lodge a notice of comment with the Commission within three months from the date of publication of the single document and the product specification reference in the Union register.







 





2.
   
The notice of comment referred to in paragraph 1 of this Article shall not be based on the grounds for opposition referred to in Article 19. The competent authority or person that lodges a notice of comment shall not be considered to be a party to the procedure.







 





3.
   
The Commission shall share the notice of comment with the applicant and shall take the notice of comment into consideration when deciding on the application of the registration, unless it is unclear or obviously incorrect.







 





4.
   
In order to facilitate the management of the notice of comment procedure, the Commission may adopt implementing acts laying down rules on the submission of such notice of comments and specifying their format and online presentation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 53(2).








Amendment 107


Proposal for a regulation


Article 21 — paragraph 3 — introductory part








Text proposed by the Commission




Amendment






3.   The Commission may adopt implementing acts extending the transitional period granted under paragraph (1) up to 15 years, 
or allowing continued use for up to 15 years,
 provided it is additionally shown that:




3.   The Commission may adopt implementing acts extending the transitional period granted under paragraph (1) up to 15 years, provided it is additionally shown that:






Amendment 108


Proposal for a regulation


Article 21 — paragraph 5








Text proposed by the Commission




Amendment






5.   When using a designation referred to in paragraphs 1 and 3, the indication of the country of origin shall clearly and visibly appear on the labelling.




5.   When using a designation referred to in paragraphs 1 and 3, the indication of the country of origin shall clearly and visibly appear on the labelling 
and, where applicable, on the production description when it is marketed on an online sales website.








Amendment 109


Proposal for a regulation


Article 21 — paragraph 6








Text proposed by the Commission




Amendment






6.   To overcome temporary difficulties with the long-term objective of ensuring that all producers of a product designated under a geographical indication in the area concerned comply with the related product specification, a Member State may grant a transitional period for compliance, of up to 10 years, with effect from the date on which the application is 
lodged
 with the Commission, provided that the operators concerned have legally marketed the products in question, using the names concerned continuously for at least 5 years preceding the lodging of the application to the authorities of that Member State and have referred to that fact in the national opposition procedure referred to in Article 9(4).




6.   To overcome temporary difficulties with the long-term objective of ensuring that all producers of a product designated under a geographical indication in the area concerned comply with the related product specification, a Member State may grant a transitional period for compliance, of up to 10 years, with effect from the date on which the application is 
registered
 with the Commission, provided that the operators concerned have legally marketed the products in question, using the names concerned continuously for at least 5 years preceding the lodging of the application to the authorities of that Member State and have referred to that fact in the national opposition procedure referred to in Article 9(4).






Amendment 110


Proposal for a regulation


Article 22 — paragraph 1








Text proposed by the Commission




Amendment






1.   Where, on the basis of the information available to the Commission from the 
scrutiny
 carried out pursuant to Article 17, the Commission considers that any of the requirements referred therein is not fulfilled, it shall adopt implementing acts rejecting the application for registration. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 53(2).




1.   Where, on the basis of the information available to the Commission from the 
examination
 carried out pursuant to Article 17, the Commission considers that any of the requirements referred therein is not fulfilled, it shall adopt implementing acts rejecting the application for registration. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 53(2).






Amendment 111


Proposal for a regulation


Article 22 — paragraph 2








Text proposed by the Commission




Amendment






2.   Where it receives no admissible opposition, the Commission shall adopt implementing acts, without applying the procedure referred to in Article 53(2), registering the geographical indication. 
The Commission may take in to account the notices of comments received in accordance with Article 19(1).






2.   Where it receives no admissible opposition, the Commission shall adopt implementing acts, without applying the procedure referred to in Article 53(2), registering the geographical indication.






Amendment 112


Proposal for a regulation


Article 22 — paragraph 3 — introductory part








Text proposed by the Commission




Amendment






3.   Where it receives an admissible opposition, the Commission shall, following the consultations referred to in Article 19(4) and taking into account the results thereof,




3.   Where it receives an admissible 
and grounded
 opposition, the Commission shall, following the consultations referred to in Article 19(4) and taking into account the results thereof:






Amendment 113


Proposal for a regulation


Article 22 — paragraph 5








Text proposed by the Commission




Amendment






5.   Regulations of registration and decisions on rejection shall be published in the Official Journal of the European Union, L series.




5.   Regulations of registration and decisions on rejection shall be published in the Official Journal of the European Union, L series 
and in the Union register of geographical indications
.






Amendment 114


Proposal for a regulation


Article 23 — paragraph 1








Text proposed by the Commission




Amendment






1.   The Commission shall adopt implementing acts, without applying the procedure referred to in Article 53(2), containing provisions on establishing and maintaining 
a publicly accessible
 electronic register of geographical indications protected under this Regulation (the ‘Union register of geographical indications’). The register shall have three parts corresponding to geographical indications of wine, of spirit drinks and of agricultural products respectively.




1.   The Commission shall adopt implementing acts, without applying the procedure referred to in Article 53(2), containing provisions on establishing and maintaining 
an
 electronic register of geographical indications protected under this Regulation (the ‘Union register of geographical indications’)
, which shall be made easily accessible to the public and in a machine-readable format as defined in Article 2, point (13), of Directive (EU) 2019/1024 of the European Parliament and of the Council
. (1 bis) The register shall have three parts corresponding to geographical indications of wine, of spirit drinks and of agricultural products respectively.






Amendment 115


Proposal for a regulation


Article 23 — paragraph 1 a (new)








Text proposed by the Commission




Amendment





 





1a.
   
The EUIPO shall maintain and keep the Union register up-to-date with respect to registrations, amendments and cancellations of geographical indications.








Amendment 116


Proposal for a regulation


Article 23 — paragraph 3








Text proposed by the Commission




Amendment






3.   Geographical indications concerning products from third countries that are protected in the Union under an international agreement to which the Union is a contracting party may be entered in the Union register of geographical indications. The Commission shall register such geographical indications by means of implementing acts adopted in accordance with the examination procedure referred to in Article 53(2). As regards wine and agricultural products, unless specifically identified in those agreements as protected designations of origin, the names of such products shall be entered in the Union register of geographical indications as protected geographical indications.




3.   Geographical indications concerning products from third countries that are protected in the Union under an international agreement to which the Union is a contracting party may be entered in the Union register of geographical indications. The Commission shall register such geographical indications by means of implementing acts adopted in accordance with the examination procedure referred to in Article 53(2) 
and shall make public the criteria used to decide upon the geographical indications protected under the relevant international agreement
. As regards wine and agricultural products, unless specifically identified in those agreements as protected designations of origin, the names of such products shall be entered in the Union register of geographical indications as protected geographical indications.






Amendment 117


Proposal for a regulation


Article 23 — paragraph 5








Text proposed by the Commission




Amendment






5.   The 
Commission
 shall make public and 
regularly
 update the list of the international agreements referred to in paragraph (3) as well as the list of geographical indications protected under those agreements.




5.   The 
EUIPO
 shall make public and
, in the case of changes,
 update the list of the international agreements referred to in paragraph (3) as well as the list of geographical indications protected under those agreements.






Amendment 118


Proposal for a regulation


Article 23 — paragraph 6








Text proposed by the Commission




Amendment






6.   The Commission shall retain documentation related to the registration of a geographical indication in digital or paper form 
for the period of validity of the geographical indication, and in
 case of cancellation for 10 years thereafter.




6.   The Commission shall retain documentation related to the registration of a geographical indication in digital or paper form
. In the
 case of cancellation 
or rejection, the Commission shall retain documentation
 for 10 years thereafter.






Amendment 119


Proposal for a regulation


Article 23 — paragraph 6 a (new)








Text proposed by the Commission




Amendment





 





6a.
   
Once a new geographical indication or the modification of a previous geographical indication has been entered by the EUIPO in the Union register of geographical indications, the Commission shall, in its capacity as Competent Authority within the meaning of Article 3 of the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications (the ‘Geneva Act’), file an application for the international registration of the geographical indication thus entered in the Union register of geographical indications and which pertains to a product originating in the Union pursuant to Article 5(1) and (2) of the Geneva Act with the International Bureau of the World Organization for Intellectual Property. The fees to be paid under Article 7 of the Geneva Act, as specified in the Common Regulations under the Lisbon Agreement and the Geneva Act, shall be borne by the Member State in which that geographical indication originates.








Amendment 120


Proposal for a regulation


Article 23 — paragraph 7








Text proposed by the Commission




Amendment








7.
   
The Commission shall be empowered to adopt delegated acts in accordance with Article 84 supplementing this Regulation by rules on entrusting EUIPO to operate the Union register of geographical indications.







deleted







Amendment 121


Proposal for a regulation


Article 24 — paragraph 1








Text proposed by the Commission




Amendment






1.   Any person shall be able to download an official extract from the Union register of geographical indications that provides proof of registration of the geographical indication, and 
the
 relevant data including the date of application for the registration of the geographical indication or other priority date. 
This
 official extract may be used as an authentic certificate in legal proceedings, in a court of law, court of arbitration or similar body.




1.   Any person shall be able to 
easily and free of charge
 download an official extract from the Union register of geographical indications that provides proof of registration 
or rejection
 of the geographical indication, and 
other
 relevant data including the date of application for the registration of the geographical indication or other priority date. 
The official extract shall be prepared in a machine-readable format as defined in Article 2, point (13), of Directive (EU) 2019/1024 of the European Parliament and of the Council

 (1 bis)

. That
 official extract may be used as an authentic certificate in legal proceedings, in a court of law, court of arbitration or similar body.






Amendment 122


Proposal for a regulation


Article 24 — paragraph 2








Text proposed by the Commission




Amendment






2.   Where a producer group has been recognised by the national authorities in accordance with Article 33, that group shall be identified as the 
rights' holder of the
 geographical indication in the Union register of geographical indications and in the official extract referred to in paragraph (1).




2.   Where a producer group has been recognised by the national authorities
, or by a third country authority,
 in accordance with Article 33, that group shall be identified as the 
representative of producers of a product designated by a
 geographical indication in the Union register of geographical indications and in the official extract referred to in paragraph (1) 
of this Article
.






Amendment 123


Proposal for a regulation


Article 24 — paragraph 3








Text proposed by the Commission




Amendment






3.   The Commission may adopt implementing acts 
defining the format and
 online presentation of extracts from the Union register of geographical indications, and providing for the exclusion or anonymisation of protected personal data. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 53(2).




3.   The Commission may adopt implementing acts 
setting out the
 online presentation of extracts from the Union register of geographical indications 
and which machine-readable format is to be used
, and providing for the exclusion or anonymisation of protected personal data. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 53(2).






Amendment 124


Proposal for a regulation


Article 25 — paragraph 1








Text proposed by the Commission




Amendment






1.   A producer group 
having a legitimate interest
 may apply for the approval of an amendment to the product specification of a registered geographical indication.




1.   A 
recognised
 producer group may apply for the approval of an amendment to the product specification of a registered geographical indication.






Amendment 125


Proposal for a regulation


Article 25 — paragraph 1 a (new)








Text proposed by the Commission




Amendment





 





1a.
   
Where a recognised producer group does not exist, a producer group having a legitimate interest or a single producer which is the only producer of a geographical indication may apply for the approval of an amendment to the product specification of a registered geographical indication.








Amendment 126


Proposal for a regulation


Article 25 — paragraph 3 — introductory part








Text proposed by the Commission




Amendment






3.   An amendment shall be a Union amendment if it entails a change of the single document and:




3.   An amendment shall be 
considered as
 a Union amendment if it entails a change of the single document and:






Amendment 127


Proposal for a regulation


Article 25 — paragraph 3 — point a








Text proposed by the Commission




Amendment











(a)


includes a change in the name
, or in the use of the name, or, for wine and spirit drinks, in the category of product or products designated by the geographical indication, or, for spirit drinks, in the legal name
; or












(a)


includes a change in the name; or









Amendment 128


Proposal for a regulation


Article 25 — paragraph 3 — point b








Text proposed by the Commission




Amendment











(b)




risks voiding
 the link to the geographical area referred to in the single document; or












(b)




where the scrutiny carried out by the relevant Member State under paragraph 2, point (b), has concluded that that amendment might void
 the link to the geographical area referred to in the single document; or









Amendment 129


Proposal for a regulation


Article 25 — paragraph 5








Text proposed by the Commission




Amendment






5.   A 
standard
 amendment shall be considered as a 
temporary
 amendment when it concerns a temporary change in the product specification resulting from the imposition of obligatory sanitary and phytosanitary measures by the public authorities or a temporary amendment necessary because of a natural disaster 
or
 adverse weather conditions formally recognised by the competent authorities.




5.   A 
temporary
 amendment shall be considered as a 
standard
 amendment when it concerns a temporary change in the product specification resulting from the imposition of obligatory sanitary and phytosanitary measures by the public authorities or a temporary amendment necessary because of 
the consequences of
 a natural disaster, adverse weather
, geopolitical events or any other exceptional
 conditions formally recognised by the competent authorities.






Amendment 130


Proposal for a regulation


Article 25 — paragraph 6








Text proposed by the Commission




Amendment






6.   Union amendments shall be approved by the Commission. The approval procedure shall follow, mutatis mutandis, the procedure laid down 
from Article 8
 to 
Article 22
.




6.   Union amendments shall be 
assessed and
 approved by the Commission 
within three months from the application for the approval of an amendment to the product specification of a registered geographical indication
.





 




Without prejudice to the first subparagraph of this paragraph,
 the approval procedure shall follow, mutatis mutandis, the procedure laid down 
in Articles
 8 to 22.




 




Where the amendments concern the product specifications of a geographical indication registered in the International Register, Article 23(6a) shall apply, mutatis mutandis
.





Amendment 131


Proposal for a regulation


Article 25 — paragraph 7








Text proposed by the Commission




Amendment






7.   Applications for Union amendments submitted by a third country 
or by
 producers in a third country shall contain proof that the requested amendment complies with the laws on the protection of geographical indications in force in that third country.




7.   Applications for Union amendments submitted by a third country
, by producer groups or, in exceptional and duly justified cases, by individual
 producers 
established
 in a third country shall contain proof that the requested amendment complies with the laws on the protection of geographical indications in force in that third country.






Amendment 132


Proposal for a regulation


Article 25 — paragraph 8








Text proposed by the Commission




Amendment






8.   If an application for a Union amendment to the product specification of a registered geographical indication also includes standard amendments or temporary amendments, the Commission shall 
scrutinise
 the Union amendment only. Any standard amendments or temporary amendments shall be deemed as not having been submitted. The 
scrutiny
 of such applications shall focus on the proposed Union amendments. 
Where appropriate, the Commission or the Member State concerned may invite the applicant to modify other elements of the product specifications.






8.   If an application for a Union amendment to the product specification of a registered geographical indication also includes standard amendments or temporary amendments, the Commission shall 
examine
 the Union amendment only. Any standard amendments or temporary amendments shall be deemed as not having been submitted. The 
examination
 of such applications shall focus on the proposed Union amendments.






Amendment 133


Proposal for a regulation


Article 25 — paragraph 9








Text proposed by the Commission




Amendment






9.   Standard amendments shall be approved by Member States or third countries in whose territory the geographical area of the product concerned is located and communicated to the Commission. The Commission shall make those amendments public.




9.   Standard amendments shall be 
assessed and
 approved by Member States or third countries in whose territory the geographical area of the product concerned is located and communicated to the Commission. The Commission shall make those amendments public 
by publishing them in the Official Journal of the European Union and in the Union register of geographical indications
.






Amendment 134


Proposal for a regulation


Article 25 — paragraph 10








Text proposed by the Commission




Amendment








10.
   
The Commission shall be empowered to adopt delegated acts in accordance with Article 84 supplementing this Regulation by provisions entrusting EUIPO with the publication of standard amendments referred to in paragraph (9).







deleted







Amendment 135


Proposal for a regulation


Article 26 — paragraph 1 — point b








Text proposed by the Commission




Amendment











(b)


where no product has been placed on the market under the geographical indication 
for at least
 seven consecutive years.












(b)


where no product has been placed on the market under the geographical indication 
in the preceding
 seven consecutive years.









Amendment 136


Proposal for a regulation


Article 26 — paragraph 2








Text proposed by the Commission




Amendment






2.   The Commission may 
also
 adopt implementing acts cancelling the registration at the request of the producers of the product marketed under the registered name.




2.   The Commission may adopt implementing acts cancelling the registration at the request of 
producer group representing a majority of
 the producers of the product marketed under the registered name.






Amendment 137


Proposal for a regulation


Article 26 — paragraph 2 a (new)








Text proposed by the Commission




Amendment





 





2a.
   
The use and the protection of the registered name as another intellectual property right, in particular as a trade mark, shall be prohibited for 10 years after the cancellation of the registration of a geographical indication, unless such intellectual property right had existed, or such a trademark had been registered, before the registration of the geographical indication.








Amendment 138


Proposal for a regulation


Article 26 — paragraph 6








Text proposed by the Commission




Amendment








6.
   
The Commission shall be empowered to adopt delegated acts in accordance with Article 84 supplementing this Regulation by rules entrusting EUIPO with the tasks set out in paragraph (5).







deleted







Amendment 139


Proposal for a regulation


Article 27 — paragraph 1 — point a








Text proposed by the Commission




Amendment











(a)


any direct or indirect commercial use of the geographical indication in respect of products not covered by the registration, where those products are comparable to the products registered under that name or where use of a name exploits, weakens, dilutes, or is detrimental to the reputation of, the protected name;












(a)


any direct or indirect commercial use of the geographical indication in respect of products not covered by the registration, where those products are comparable to the products registered under that name or where use of a name exploits, weakens, dilutes, or is detrimental to the reputation of, the protected name
, including where those products are used as ingredients
;









Amendment 140


Proposal for a regulation


Article 27 — paragraph 1 — point b








Text proposed by the Commission




Amendment











(b)


any misuse, imitation or evocation, even if the true origin of the products or services is indicated or if the protected name is translated or accompanied by an expression such as ‘style’, ‘type’, ‘method’, ‘as produced in’, ‘imitation’, ‘flavour’, ‘like’ or similar.












(b)


any misuse
, counterfeiting
, imitation or evocation, even if the true origin of the products or services is indicated or if the protected name is translated 
transcribed, transliterated
 or accompanied by an expression such as ‘style’, ‘type’, ‘method’, ‘as produced in’, ‘imitation’, ‘flavour’, ‘like’ or similar
, including where those products are used as ingredients;











Amendment 141


Proposal for a regulation


Article 27 — paragraph 1 — point c








Text proposed by the Commission




Amendment











(c)


any other false or misleading indication as to the provenance, origin, nature or essential qualities of the product that is used on the inner or outer packaging, advertising material, documents or information provided on websites relating to the product concerned, and the packing of the product in a container liable to convey a false impression as to its origin;












(c)


any other false or misleading indication as to the provenance, origin, nature or essential qualities of the product that is used on the inner or outer packaging, advertising material, documents or information provided on websites 
or on domain names
 relating to the product concerned, and the packing of the product in a container liable to convey a false impression as to its origin;









Amendment 142


Proposal for a regulation


Article 27 — paragraph 2








Text proposed by the Commission




Amendment








2.
   
For the purposes of paragraph (1), point (b), the evocation of a geographical indication shall arise, in particular, where a term, sign, or other labelling or packaging device presents a direct and clear link with the product covered by the registered geographical indication in the mind of the reasonably circumspect consumer, thereby exploiting, weakening, diluting or being detrimental to the reputation of the registered name.







deleted







Amendment 143


Proposal for a regulation


Article 27 — paragraph 4 — point a








Text proposed by the Commission




Amendment











(a)


goods entering the customs territory of the Union without being released for free circulation within that territory; 
and














(a)


goods entering the customs territory of the Union without being released for free circulation within that territory;









Amendment 144


Proposal for a regulation


Article 27 — paragraph 4 — point a a (new)








Text proposed by the Commission




Amendment





 










(aa)






goods produced in the Union and destined to be exported to and marketed in third countries; and











Amendment 145


Proposal for a regulation


Article 27 — paragraph 4 a (new)








Text proposed by the Commission




Amendment





 





4a.
   
Where the geographical indication contains one or more non-generic terms, the use of one, some or all of them in the same or in a different order from the one registered shall constitute one of the types of conduct referred to in paragraph 1, points (a) and (b).








Amendment 146


Proposal for a regulation


Article 27 — paragraph 5








Text proposed by the Commission




Amendment






5.   The 
recognised
 group of producers or any operator that is entitled to use the protected designation of origin or protected geographical indication shall be entitled to prevent all third parties from bringing goods, in the course of trade, into the Union without being released for free circulation there, where such goods, including packaging, come from third countries and are in breach of paragraph (1).




5.   The group of producers or any operator that is entitled to use the protected designation of origin or protected geographical indication shall be entitled to prevent all third parties from bringing goods, in the course of trade, into the Union without being released for free circulation there, where such goods, including packaging, come from third countries and are in breach of paragraph (1).






Amendment 147


Proposal for a regulation


Article 27 — paragraph 7








Text proposed by the Commission




Amendment






7.   Where a geographical indication is a compound name which contains a term which is considered to be generic, the use of that term shall not constitute a conduct referred to inparagraph (1), 
point
 (a) and (b).




7.   Where a geographical indication is a compound name which contains a term which is considered to be generic, the use of that term shall not constitute
, as a general rule,
 a conduct referred to inparagraph (1), 
points
 (a) and (b).






Amendment 148


Proposal for a regulation


Article 27 — paragraph 7 a (new)








Text proposed by the Commission




Amendment





 





7a.
   
Each Member State shall take appropriate administrative and judicial steps to prevent or stop the unlawful use of protected designations of origin and protected geographical indications, as provided for in paragraph 1, that are produced or marketed in that Member State. To that end, Member States shall designate the authorities that are responsible for taking those steps in accordance with procedures determined by each individual Member State. Those authorities shall provide adequate guarantees of objectivity and impartiality, and shall have at their disposal the qualified staff and resources necessary to carry out their functions.








Amendment 149


Proposal for a regulation


Article 28 — paragraph 1








Text proposed by the Commission




Amendment






1.   
Article 27 is without prejudice to the use
 of a geographical indication by operators in conformity with Article 36 to indicate that a processed product 
contains, as an ingredient, a product designated by that geographical indication
 provided that such use is made in accordance with honest commercial practices and does not weaken, dilute or is not detrimental to the reputation of the geographical indication.




1.   
The name
 of a geographical indication 
used
 by operators in conformity with Article 36 to indicate that 
as an ingredient in
 a processed product 
may be referred to in the list of ingredients,
 provided that such use 
complies with Article 27, that it
 is made in accordance with honest commercial practices and does not weaken, dilute or is not detrimental to the reputation of the geographical indication
, and that it complies with the applicable provisions of Regulation (EU) 2019/787 in respect of spirit drinks
.






Amendment 150


Proposal for a regulation


Article 28 — paragraph 2








Text proposed by the Commission




Amendment






2.   The geographical indication designating a product ingredient shall not be used in the food name of the related processed product, except in cases of an agreement 
with a
 producer group representing 
two thirds of the
 producers.




2.   The geographical indication designating a product ingredient shall not be used in the food name
, labelling except the list of ingredients, packaging device or advertising
 of the related processed product, except in cases of 
the existence of
 an agreement 
in writing including control provisions concluded with the recognised producer group, or, where such a group does not exist, the
 producer group representing 
a majority of
 producers
, which may establish minimum conditions for the fair usage of the name
.






Amendment 151


Proposal for a regulation


Article 28 — paragraph 3








Text proposed by the Commission




Amendment








3.
   
The Commission shall be empowered to adopt delegated acts in accordance with Article 84 supplementing this Regulation by additional rules on the use of geographical indications to identify ingredients in processed products referred to in paragraph (1) of this Article.







deleted







Amendment 152


Proposal for a regulation


Article 29 — paragraph 3








Text proposed by the Commission




Amendment








(3)
   
The Commission shall be empowered to adopt delegated acts in accordance with Article 84 supplementing this Regulation by additional rules for determining the generic status of terms referred to in paragraph (1) of this Article.







deleted







Amendment 153


Proposal for a regulation


Article 30 — paragraph 2








Text proposed by the Commission




Amendment






2.   A wholly or partly homonymous name which misleads the consumer into believing that products come from another territory shall not be registered even if the name for the actual territory, region or place of origin of the products in question is accurate.




2.   A wholly or partly homonymous name which 
is suggestive of another product or
 misleads the consumer into believing that products come from another territory shall not be registered even if the name for the actual territory, region or place of origin of the products in question is accurate.






Amendment 154


Proposal for a regulation


Article 31








Text proposed by the Commission




Amendment







Article 31






deleted








Trade marks




 






A name shall not be registered as a geographical indication where, in the light of a trade mark's reputation and renown, registration of the name proposed as a geographical indication could mislead the consumer as to the true identity of the product.




 





Amendment 155


Proposal for a regulation


Article 32 — paragraph 1








Text proposed by the Commission




Amendment






1.   A producer group shall be set up on the initiative of interested stakeholders, including farmers, farm suppliers, 
intermediate processors and final
 processors, as specified by the national authorities and according to the nature of the product concerned. Member States shall verify that the producer group operates in a transparent and democratic manner and that all producers of the product designated by the geographical indication enjoy right of membership 
in
 the group. Member States may 
provide that public officials, and other stakeholders such as consumer groups, retailers and suppliers, also participate in the works
 of the producer group.




1.   A producer group shall be set up on the initiative of interested stakeholders, including farmers, farm suppliers, 
producers and associations of producers,
 processors, as specified by the 
relevant
 national authorities 
in accordance with their national law,
 and according to the nature of the product concerned. 
A producer group may also be set up on the initiative of a Member State.







 


Member States shall verify that the producer group operates in a transparent and democratic manner 
via, in particular, internal rules that enable its members to scrutinise it democratically,
 and that all producers of the product designated by the geographical indication enjoy 
the
 right of membership 
of
 the group.




 


Member States may 
lay down rules to ensure that only one producer group, representing a majority of producers, can operate for each geographical indication and that membership
 of the producer group 
and the contribution to costs associated with the exercise of the producer group’s’ powers and the fulfilment of its responsibilities is compulsory for all producers
.




 




Without prejudice to paragraph 2, national authorities may, in accordance with national law, define the tasks, powers and responsibilities granted to a producer group.







Amendment 156


Proposal for a regulation


Article 32 — paragraph 2 — introductory part








Text proposed by the Commission




Amendment






2.   A producer group may exercise in particular the following powers and responsibilities:




2.   
Where a recognised producer group does not exist,
 a producer group may exercise in particular the following powers and responsibilities:






Amendment 157


Proposal for a regulation


Article 32 — paragraph 2 — point a








Text proposed by the Commission




Amendment











(a)


develop the product specification and manage 
internal controls that ensure
 compliance of production steps of the product designated by the geographical indication with the said specification;












(a)


develop the product specification and manage 
activities relating to verifying and ensuring
 compliance of production steps of the product designated by the geographical indication with the said specification;









Amendment 158


Proposal for a regulation


Article 32 — paragraph 2 — point b








Text proposed by the Commission




Amendment











(b)


take legal action to ensure protection of the geographical indication and of the intellectual property rights that are directly connected with it;












(b)


take legal action
, including action before civil and criminal courts,
 to ensure protection 
offline and online
 of the geographical indication and of the intellectual property rights that are directly connected with it
, including websites, domain names and electronic commerce, and claim damages
;









Amendment 159


Proposal for a regulation


Article 32 — paragraph 2 — point c








Text proposed by the Commission




Amendment











(c)


agree sustainability undertakings, whether 
or not
 included in the product specification or 
as a separate initiative
, 
including arrangements for verification of compliance with those undertakings and
 assuring adequate publicity for them notably in an information system provided by the Commission;












(c)


agree sustainability undertakings
, including undertakings which complement and contribute to producers’ agro-ecological strategies to combat climate change,
 whether included in the product specification or 
elsewhere
, assuring adequate publicity for them notably in an information system provided by the Commission;









Amendment 160


Proposal for a regulation


Article 32 — paragraph 2 — point d — introductory part








Text proposed by the Commission




Amendment











(d)


take action to improve the performance of the geographical indication, including:












(d)


take action to improve the performance of the geographical indication, 
in terms of economic, social and environmental sustainability,
 including:









Amendment 161


Proposal for a regulation


Article 32 — paragraph 2 — point d — point -i (new)








Text proposed by the Commission




Amendment





 










(-i)






establishing the minimum conditions for the usage of the name of a geographical indication
;









Amendment 162


Proposal for a regulation


Article 32 — paragraph 2 — point d — point ii








Text proposed by the Commission




Amendment











(ii)


dissemination of information and promotion activities aiming at communicating the attributes of the product designated by a geographical indication to consumers;












(ii)


dissemination of information and promotion activities aiming at communicating the attributes of the product designated by a geographical indication to consumers
, including the development of tourism services relating to sustainable and responsible rural tourism in the geographical area referred to in the product specification
;









Amendment 163


Proposal for a regulation


Article 32 — paragraph 2 — point d — point iii








Text proposed by the Commission




Amendment











(iii)


carrying out analyses into the economic performance, 
sustainability
 of production, nutritional profile, and organoleptic profile, of the product designated by the geographical indication;












(iii)


carrying out analyses into the economic
, social or environmental
 performance, of production, nutritional profile, and organoleptic profile, of the product designated by the geographical indication;









Amendment 164


Proposal for a regulation


Article 32 — paragraph 2 — point e








Text proposed by the Commission




Amendment











(e)


combat counterfeiting and suspected fraudulent uses on the internal market of a geographical indication designating products that are not in compliance with the product specification, by monitoring the use of the geographical indication across the internal market and on third countries markets where the geographical indications are protected, including on the internet, and, as necessary, inform enforcement authorities using confidential systems available.












(e)


combat counterfeiting and suspected fraudulent uses on the internal market
, including the Union digital market,
 of a geographical indication designating products that are not in compliance with the product specification, by monitoring the use of the geographical indication across the internal market and on third countries markets where the geographical indications are protected, including on the internet, and, as necessary, inform enforcement authorities using confidential systems available;









Amendment 165


Proposal for a regulation


Article 32 — paragraph 2 — point e a (new)








Text proposed by the Commission




Amendment





 










(ea)






take measures to enhance the value of products and, where necessary, take steps to prevent or counter any measures or commercial practices which are, or risk being, detrimental to the image and value of their products, including devaluating marketing practices and lowering prices;











Amendment 166


Proposal for a regulation


Article 32 — paragraph 2 — point e b (new)








Text proposed by the Commission




Amendment





 










(eb)






take measures to disseminate best practices and raise awareness among producers and consumers of the sustainability undertakings provided for in Article 12;











Amendment 167


Proposal for a regulation


Article 32 — paragraph 2 — point e c (new)








Text proposed by the Commission




Amendment





 










(ec)






establish the minimum conditions for the fair usage of the name of a geographical indication as an ingredient in a processed product, referred to in Article 28(2), and determine the rules for requesting a financial contribution from the processor for such use.











Amendment 168


Proposal for a regulation


Article 32 — paragraph 2 a (new)








Text proposed by the Commission




Amendment





 





2a.
   
By way of derogation from paragraph 2 of this Article, Member States may limit some or all of the powers and responsibilities referred to in that paragraph exclusively to the recognised producer groups referred to in Article 33.








Amendment 169


Proposal for a regulation


Article 33 — paragraph 1








Text proposed by the Commission




Amendment






1.   Upon a request of producer 
groups
 fulfilling the conditions of paragraph 
3
, Member States shall designate, in accordance with their national law, one producer group as recognised producer group for 
each
 geographical indication originating in their territory 
that is
 registered or 
is
 subject to an application for registration or for product names that are a potential subject for application for registration.




1.   Upon a request of 
a
 producer 
group
 fulfilling the conditions of paragraph 
2
, Member States 
or, in accordance with an international agreement to which the Union is a contracting party, third countries
 shall designate, in accordance with their national law, one producer group as recognised producer group for 
a specific
 geographical indication 
or for two or more geographical indications
 originating in their territory
, which are
 registered or 
are
 subject to an application for registration or for product names that are a potential subject for application for registration.






Amendment 170


Proposal for a regulation


Article 33 — paragraph 1 a (new)








Text proposed by the Commission




Amendment





 





1a.
   
A recognised producer group shall be the sole group to act on behalf of all producers with regard to competences referred to in this Article and in Articles 25 to 28.








Amendment 171


Proposal for a regulation


Article 33 — paragraph 2








Text proposed by the Commission




Amendment






2.   A producer group may be designated as recognised producer group subject to a prior agreement concluded between at least 
two-thirds
 of the producers of the product bearing a geographical indication, accounting for 
at least two-thirds
 of the production of that product in the geographical area referred to in the product specification. As an exception, an authority, as referred to in Article 8(2), and a single producer, as referred to in Article 8(3), 
shall be deemed to be a recognised producer group
.




2.   A producer group may be designated as recognised producer group subject to a prior agreement concluded between at least 
50 % plus one
 of the producers of the product bearing a geographical indication, accounting for 
a minimum volume or value
 of the 
marketable
 production
, to be laid down by the Member State concerned,
 of that product in the geographical area referred to in the product specification. As an exception, 
Member States may confer on
 an authority, as referred to in Article 8(2), and 
on
 a single producer, as referred to in Article 8(3), 
the powers and responsibilities referred to in paragraph 3 of this Article and in Article 32(2)
.






Amendment 172


Proposal for a regulation


Article 33 — paragraph 2 a (new)








Text proposed by the Commission




Amendment





 





2a.
   
Member States or, in accordance with an international agreement to which the Union is a contracting party, third countries may decide on the basis of objective criteria that producer groups already recognised at national level before … [the date of entry into force of this Regulation] are to be considered as recognised producer groups.








Amendment 173


Proposal for a regulation


Article 33 — paragraph 3 — introductory part








Text proposed by the Commission




Amendment






3.   In addition to the powers and responsibilities referred to in Article 32(2), a recognised producer group may exercise the following powers and responsibilities:




3.   In addition to the powers and responsibilities referred to in Article 32(2), a recognised producer group may exercise 
erga omnes
 the following powers and responsibilities:






Amendment 174


Proposal for a regulation


Article 33 — paragraph 3 — point b








Text proposed by the Commission




Amendment











(b)


to take enforcement actions, including filing applications for actions with custom authorities, to prevent or counter any measures which are, or risk being, detrimental to the image of their products;












(b)


to take enforcement actions, including filing applications for actions with custom authorities, to prevent or counter any measures 
or commercial practices
 which are, or risk being, detrimental to the image 
and value
 of their products 
including devaluating marketing practices and lowering prices
;









Amendment 175


Proposal for a regulation


Article 33 — paragraph 3 — point b a (new)








Text proposed by the Commission




Amendment





 










(ba)






to carry out supervisory activities and prevent fraud;











Amendment 176


Proposal for a regulation


Article 33 — paragraph 3 — point c a (new)








Text proposed by the Commission




Amendment





 










(ca)






to agree with downstream operators on value-sharing clauses within the meaning of Article 172a of Regulation (EU) No 1308/2013, including in relation to market bonuses and losses, and determining how any evolution of market prices for the products concerned or other relevant commodities is to be allocated between them;











Amendment 177


Proposal for a regulation


Article 33 — paragraph 3 — point c b (new)








Text proposed by the Commission




Amendment





 










(cb)






to liaise with the Commission in the context of negotiations on international agreements as regards the protection of geographical indications;











Amendment 178


Proposal for a regulation


Article 33 — paragraph 4








Text proposed by the Commission




Amendment






4.   
The
 powers and responsibilities 
referred to in paragraph 2 shall be subject to a prior agreement concluded between at least two-thirds of the
 producers of the product designated by 
a
 geographical indication, 
accounting for at least two-thirds of the production of that product
 in the geographical area referred to in the product specification.




4.   
Member States may lay down rules to ensure that the contribution to costs associated with the exercise of
 powers and responsibilities 
by the recognised producer group is compulsory for all
 producers of the product designated by 
that
 geographical indication, 
operating
 in the geographical area referred to in the product specification. 
The contribution shall be proportionate to the volume or value of the marketable production of the product bearing that geographical indication.








Amendment 179


Proposal for a regulation


Article 33 — paragraph 5








Text proposed by the Commission




Amendment






5.   Member States shall carry out checks in order to ensure that the conditions 
laid down in paragraph 2
 are complied with. Where the competent national authorities find that such conditions have not been complied with, Member States shall annul the decision on the recognition of the producer group.




5.   Member States 
or, in accordance with an international agreement to which the Union is a contracting party, third countries
 shall carry out checks 
and take the necessary measures
 in order to ensure that the conditions 
for the recognition and the operation of the producer group
 are complied with. Where the competent national authorities find that such conditions have not been complied with, Member States shall annul the decision on the recognition of the producer group.






Amendment 180


Proposal for a regulation


Article 33 — paragraph 5 a (new)








Text proposed by the Commission




Amendment





 





5a.
   
Member States or, in accordance with an international agreement to which the Union is a contracting party, third countries shall inform the Commission, by 31 March of each year, of every decision to grant, refuse or annul recognition of a producer group taken during the previous calendar year. The Commission shall publish and regularly update the list of recognised producer groups.








Amendment 181


Proposal for a regulation


Article 33 a (new)








Text proposed by the Commission




Amendment





 




Article 33a






 




Associations of producer groups






 





1.
   
An association of producer groups may be set up on the initiative of interested producer groups.







 





2.
   
An association of producer groups may exercise in particular the following functions:







 










(a)






participating in consultative bodies;










 










(b)






exchanging information with public authorities on geographical indication policy-related topics;










 










(c)






making recommendations to improve the development of geographical indication policies, in particular with regard to sustainability, the fight against fraud and counterfeiting, the creation of value among operators, competition rules and rural development;










 










(d)






promoting and disseminating best practices among producers on geographical indication policies;










 










(e)






taking part in promotion measures as defined by Regulation (EU) No 1144/2014.











Amendment 182


Proposal for a regulation


Article 33 b (new)








Text proposed by the Commission




Amendment





 




Article 33b






 




Assistance in relation to international agreements






 





1.
   
The EUIPO shall support producer groups in relation to international agreements to which the Union is a contracting party, in particular by:







 










(a)






providing information in order to help them to protect their rights and to comply with different regulatory frameworks in foreign markets; and










 










(b)






providing legal advice in the context of negotiations on international agreements as regards the protection of geographical indications.










 





2.
   
The costs of assistance in relation to international agreements may be borne by the EUIPO. The Member States may also contribute to those costs.








Amendment 183


Proposal for a regulation


Article 34 — paragraph 1








Text proposed by the Commission




Amendment






1.   
Country-code
 top-level domain name registries 
established
 in the Union 
may
, upon the request of a natural or legal person having a legitimate interest or rights, revoke or transfer a domain name registered under such 
country-code top-level
 domain to the recognised producer group of the products with the geographical indication concerned, following an appropriate alternative dispute resolution procedure or judicial procedure, if such domain name has been registered by its holder without rights or legitimate interest in the geographical indication or if it has been registered or is being used in bad faith and its use contravenes Article 27.




1.   Top-level 
and other
 domain name registries 
operating
 in the Union 
shall
, 
ex officio or
 upon the request of a natural or legal person 
being the rights-holder of a geographical indication or
 having a legitimate interest or rights 
in a geographical indication
, revoke or transfer a domain name registered under such domain to the recognised producer group of the products with the geographical indication concerned
, or to the competent authority of the Member State where the geographical indication originates
, following an appropriate alternative dispute resolution procedure or judicial procedure, if such domain name has been registered by its holder without rights or legitimate interest in the geographical indication or if it has been registered or is being used in bad faith and its use contravenes Article 27.






Amendment 184


Proposal for a regulation


Article 34 — paragraph 2








Text proposed by the Commission




Amendment






2.   
Country-code
 top-level domain name registries 
established
 in the Union shall ensure that any alternative dispute resolution procedure established to solve disputes relating to the registration of domain names referred to in paragraph (1), shall recognise geographical indications as rights that may prevent a domain name from being registered or used in bad faith.




2.   Top-level 
and other
 domain name registries 
operating
 in the Union shall ensure that any alternative dispute resolution procedure established to solve disputes relating to the registration of domain names referred to in paragraph (1), shall recognise geographical indications as rights that may prevent a domain name from being registered or used in bad faith.






Amendment 185


Proposal for a regulation


Article 34 — paragraph 2 a (new)








Text proposed by the Commission




Amendment





 





2a.
   
Paragraphs 1 and 2 of this Article shall apply to core platform services provided or offered by registries to business users established in the Union or to end-users established or located in the Union, irrespective of the place of establishment or residence of the registries and irrespective of the law otherwise applicable to the provision or offer of services, in accordance with Article 1 of Regulation (EU) 2022/1925 [DMA].








Amendment 186


Proposal for a regulation


Article 34 — paragraph 3








Text proposed by the Commission




Amendment






3.   The Commission shall be empowered to adopt delegated acts in accordance 
withArticle84
 supplementing this Regulation by provisions 
entrusting
 EUIPO 
to establish and manage
 a domain name information and alert system that would provide the applicant, upon the submission of an application for a geographical indication, with information about the availability of the geographical indication as a domain name and, on optional basis, the registration of a domain name identical to their geographical indication. 
That
 delegated 
act
 shall also include the obligation for registries of 
country-code top-level
 domain names
, established
 in the Union, to provide EUIPO with the relevant information and data.




3.   The Commission shall be empowered to adopt delegated acts in accordance 
with Article 84
 supplementing this Regulation by provisions 
on the establishment and management by
 EUIPO 
of
 a domain name information and alert system that would provide the applicant 
or the Member State where the geographical indication originates
, upon the submission of an application for a geographical indication, with information about the availability of the geographical indication as a domain name and, on optional basis, the registration of a domain name identical to their geographical indication.





 




EUIPO shall be empowered, under the
 delegated 
acts referred to in the first subparagraph, to establish and manage an alert system monitoring registration of domain names in the Union which could conflict with the names included in the Union register of geographical indications. Those delegated acts
 shall also include the obligation for registries of domain names 
and EURid, operating
 in the Union, to provide EUIPO with the relevant information and data
, and, to that end, to establish a collaboration with EUIPO
.





Amendment 187


Proposal for a regulation


Article 35 — title








Text proposed by the Commission




Amendment







Conflicting
 trade marks




Relationship between
 trade marks 
and geographical indications







Amendment 188


Proposal for a regulation


Article 35 — paragraph 1








Text proposed by the Commission




Amendment






1.   The registration of a trade mark the use of which would contravene Article 27 shall be rejected if the application for registration of the trade mark is submitted after the date of submission to the Commission of the application for the registration of the geographical indication.




1.   
An application for
 the registration of a trade mark the use of which would contravene Article 27 shall be rejected if the application for registration of the trade mark is submitted after the date of submission to the Commission of the application for the registration of the geographical indication.






Amendment 189


Proposal for a regulation


Article 35 — paragraph 1 a (new)








Text proposed by the Commission




Amendment





 





1a.
   
An application for the registration of a geographical indication shall be rejected where, in the event that a well-known trade mark exists or given the reputation of that trade mark, the name proposed as a geographical indication is liable to mislead the consumer as to the true identity of the product.








Amendment 190


Proposal for a regulation


Article 35 — paragraph 3








Text proposed by the Commission




Amendment








3.
   A trade mark the use of which contravenes Article 27, which has been applied for, registered, or established by use in good faith within the territory of the Union, if that possibility is provided for by the legislation concerned, before the date on which the application for registration of the geographical indication is submitted to the Commission, may continue to be used and renewed notwithstanding the registration of a geographical indication, provided that no grounds for invalidity or revocation of the trade mark exist under Directive (EU) 2015/2436 or Regulation (EU) 2017/1001. In such cases, the use of the geographical indication, if then registered, and that of the relevant trade mark shall be permitted.






3
.   
Without prejudice to paragraph 2 of this Article,
 a trade mark the use of which contravenes Article 27, which has been applied for, registered, or established by use in good faith within the territory of the Union, if that possibility is provided for by the legislation concerned, before the date on which the application for registration of the geographical indication is submitted to the Commission, may continue to be used and renewed notwithstanding the registration of a geographical indication, provided that no grounds for invalidity or revocation of the trade mark exist under Directive (EU) 2015/2436 or Regulation (EU) 2017/1001. In such cases, the use of the geographical indication, if then registered, and that of the relevant trade mark shall be permitted.






Amendment 191


Proposal for a regulation


Article 36 — paragraph 1








Text proposed by the Commission




Amendment





A registered geographical indication may be used by any operator marketing a product conforming to the corresponding product specification or single document 
or an equivalent to the latter
.


A registered geographical indication may be used by any operator marketing a product conforming to the corresponding product specification or single document.





Amendment 192


Proposal for a regulation


Article 37 — paragraph 1 — point a








Text proposed by the Commission




Amendment











(a)


a symbol identifying protected designations of origin of 
wine and of
 agricultural products; and












(a)


a symbol identifying protected designations of origin of agricultural products; and









Amendment 193


Proposal for a regulation


Article 37 — paragraph 1 — point b








Text proposed by the Commission




Amendment











(b)


a symbol identifying protected geographical indications 
of wine and
 of agricultural products and geographical indications of spirit drinks.












(b)


a symbol identifying protected geographical indications of agricultural products and geographical indications of spirit drinks.









Amendment 194


Proposal for a regulation


Article 37 — paragraph 2








Text proposed by the Commission




Amendment






2.   In the case of products originating in the Union that are marketed under a geographical indication, the Union symbol associated with it shall appear on the labelling and advertising material. The geographical indication shall appear in the same field of vision as the Union symbol. 
The labelling requirements laid down in
 Article 
13(1)
 of Regulation (EU) No 1169/2011 
for the presentation of mandatory particulars shall apply to
 the geographical indication.




2.   In the case of products originating in the Union that are marketed under a geographical indication, the Union symbol associated with it shall appear on the labelling and advertising material. The geographical indication 
and an indication of the name of the producer
 shall appear in the same field of vision as the Union symbol.





 




The country of origin of a primary ingredient, within the meaning of
 Article 
2(2), point (q),
 of Regulation (EU) No 1169/2011
, which is not the same as the country of origin of
 the geographical indication 
shall be marked:






 










(a)






with reference to one of the following geographical areas:










 








 










(i)






‘EU’, ‘non-EU’ or ‘EU and non-EU’;














(ii)






region, or any other geographical area either within two or more Member States or within third countries, if defined as such under public international law;














(iii)






FAO Fishing area, or sea or freshwater body if defined as such under public international law or well understood by normally informed average consumers; or














(iv)






Member State(s) or third country(ies);














(v)






region, or any other geographical area within a Member State or within a third country, which is well understood by normally informed average consumers;














(vi)






the country of origin or place of provenance in accordance with specific Union provisions applicable to the primary ingredient(s); or














 










(b)






by means of:










 








 










(i)






the statement ‘(name of the primary ingredient) do/does not originate from (the country of origin of the geographical indication)’; or














(ii)






any wording similar to the statement set out in point (i) which is likely to have the same meaning for the consumer
.













Amendment 195


Proposal for a regulation


Article 37 — paragraph 3








Text proposed by the Commission




Amendment






3.   By way of derogation from paragraph (2), in the case of 
wine and
 spirit drinks originating in the Union that are marketed under a geographical indication, Union symbols may be omitted from the labelling and advertising material of the product concerned.




3.   By way of derogation from paragraph (2), in the case of spirit drinks originating in the Union that are marketed under a geographical indication, Union symbols may be omitted from the labelling and advertising material of the product concerned.






Amendment 196


Proposal for a regulation


Article 37 — paragraph 5 — subparagraph 1








Text proposed by the Commission




Amendment





Where 
wine,
 agricultural products or spirit drinks are designated by a geographical indication 
the indications ‘protected designation of origin’ or ‘protected geographical indication’ shall appear on the labelling of wine
, the indications ‘protected designation of origin’ or ‘protected geographical indication’ may appear on the labelling of agricultural products and the indication ‘geographical indication’ may appear on the labelling of spirit drinks, respectively.


Where agricultural products or spirit drinks are designated by a geographical indication, the indications ‘protected designation of origin’ or ‘protected geographical indication’ may appear on the labelling of agricultural products and the indication ‘geographical indication’ may appear on the labelling of spirit drinks, respectively.





Amendment 197


Proposal for a regulation


Article 37 — paragraph 5 — subparagraph 2 (new)








Text proposed by the Commission




Amendment





The abbreviations ‘PDO’ or ‘PGI’, corresponding to the indications ‘protected designation of origin’ or ‘protected geographical indication’, may appear on the labelling 
of wine and
 of agricultural products designated by a geographical indication.


The abbreviations ‘PDO’ or ‘PGI’, corresponding to the indications ‘protected designation of origin’ or ‘protected geographical indication’, may appear on the labelling of agricultural products designated by a geographical indication.





Amendment 198


Proposal for a regulation


Article 37 — paragraph 6








Text proposed by the Commission




Amendment






6.   
Indications, abbreviations and Union symbols may be used in the labelling and advertising materials of processed products when the geographical indication refers to an ingredient thereof. In that case, the indication, abbreviation or Union symbol shall be placed next to the name of the ingredient that is clearly identified as an ingredient.
 The Union symbol shall not be placed in association with the name of the food within the meaning of Article 17 of Regulation (EU) No 1169/2011 or in a manner that suggests to the consumer that the processed product rather than the ingredient is the object of registration.




6.   The Union symbol shall not be placed in association with the name of the food within the meaning of Article 17 of Regulation (EU) No 1169/2011 or in a manner that suggests to the consumer that the processed product rather than the ingredient is the object of registration.






Amendment 199


Proposal for a regulation


Article 37 — paragraph 7








Text proposed by the Commission




Amendment








7.
   
After the submission of a Union application for the registration of a geographical indication, producers may indicate on the labelling and in the presentation of the product that an application for registration has been filed in compliance with Union law.







deleted







Amendment 200


Proposal for a regulation


Article 37 — paragraph 9








Text proposed by the Commission




Amendment








9.
   
Where an application is rejected, any products labelled in accordance with paragraph (6) may be marketed until the stocks are exhausted.







deleted







Amendment 201


Proposal for a regulation


Article 37 — paragraph 10 — point b








Text proposed by the Commission




Amendment











(b)


text, graphics or symbols referring to the Member State and the region in which that geographical area of origin is located.












(b)


text, graphics or symbols referring to the Member State and the region in which that geographical area of origin is located
, provided that such references do not reproduce, even partially, names, or textual, graphic or symbolic elements of other geographical indications protected pursuant to Article 27
.









Amendment 202


Proposal for a regulation


Article 38 — paragraph 2 — introductory part








Text proposed by the Commission




Amendment






2.   For the purposes of this Chapter, controls 
include
:




2.   For the purposes of this Chapter, controls 
mean
:






Amendment 203


Proposal for a regulation


Article 38 — paragraph 2 — point b








Text proposed by the Commission




Amendment











(b)


monitoring of the use of geographical indications in the 
marketplace
.












(b)


monitoring of the use of geographical indications in the 
market, including in electronic commerce
 .









Amendment 204


Proposal for a regulation


Article 38 — paragraph 3








Text proposed by the Commission




Amendment






3.   When performing the controls and enforcement activities provided for in this Title, the responsible competent authorities and product certification bodies shall comply with the requirements laid down in Regulation (EU) 2017/625. 
However, Title VI, Chapter 1, of Regulation (EU) 2017/625 shall not apply to controls of geographical indications.






3.   When performing the controls and enforcement activities provided for in this Title, the responsible competent authorities and product certification bodies 
in the Member States and in third countries
 shall comply with the requirements laid down in Regulation (EU) 2017/625, 
or equivalent legal requirements in third countries
.






Amendment 205


Proposal for a regulation


Article 39 — paragraph 1








Text proposed by the Commission




Amendment






1.   Member States shall draw up and 
keep up to date a
 list of producers of products designated by a geographical indication entered in the Union register of geographical indications originating in their territory.




1.   Member States shall draw up and 
make public the
 list of producers of products designated by a geographical indication entered in the Union register of geographical indications originating in their territory
. Member States shall keep that information up to date
.






Amendment 206


Proposal for a regulation


Article 39 — paragraph 2








Text proposed by the Commission




Amendment






2.   Producers are responsible for 
internal controls that ensure
 compliance with the product specification of products designated by geographical indications before the product is placed on the market.




2.   Producers are responsible for 
ensuring
 compliance with the product specification of products designated by geographical indications before the product is placed on the market.






Amendment 207


Proposal for a regulation


Article 39 — paragraph 3 — introductory part








Text proposed by the Commission




Amendment






3.   In addition to internal controls referred to in paragraph 2, prior to placing on the market a product designated by a geographical indication and originating in the Union, third party verification of compliance with the product specification, shall be carried out by:




3.   In addition to internal controls 
and any other actions to ensure compliance
 referred to in paragraph 2, prior to placing on the market a product designated by a geographical indication and originating in the Union, third party verification of compliance with the product specification, shall be carried out by:






Amendment 208


Proposal for a regulation


Article 39 — paragraph 7








Text proposed by the Commission




Amendment






7.   The costs of verification of compliance with the product specification may be borne by the operators which are subject to those controls. The Member States 
may also
 contribute to those costs.




7.   The costs of verification of compliance with the product specification may be borne by the operators which are subject to those controls. The Member States 
shall
 contribute to those costs.






Amendment 209


Proposal for a regulation


Article 41 — paragraph 1 — point a








Text proposed by the Commission




Amendment











(a)


European standard ISO/IEC 17065:2012 ‘Conformity assessment — Requirements for bodies certifying products, processes and services, 
including
 European standard ISO/IEC 17020:2012 ‘Conformity assessment — Requirements for the operation of various types of bodies performing inspection’; or












(a)


European standard ISO/IEC 17065:2012 ‘Conformity assessment — Requirements for bodies certifying products, processes and services, 
or
 European standard ISO/IEC 17020:2012 ‘Conformity assessment — Requirements for the operation of various types of bodies performing inspection’; or









Amendment 210


Proposal for a regulation


Article 41 — paragraph 1 — point b








Text proposed by the Commission




Amendment













(b)






other suitable, internationally recognised standards, including any revisions or amended versions of the European standards referred to in point (a).










deleted







Amendment 211


Proposal for a regulation


Article 41 — paragraph 2








Text proposed by the Commission




Amendment






2.   Accreditation referred to in paragraph 1 shall be performed by 
an
 accreditation body recognised in accordance with Regulation (EC) No 765/2008, that is a 
member
 of European Accreditation, or by an accreditation body outside the Union that is 
a member
 of International Accreditation Forum.




2.   Accreditation referred to in paragraph 1 shall be performed by 
a national
 accreditation body recognised in accordance with Regulation (EC) No 765/2008, that is a 
signatory of the applicable multilateral recognition arrangement
 of European Accreditation 
for the certification activities concerned
, or by an accreditation body outside the Union that is 
signatory of the applicable multilateral recognition arrangement
 of International Accreditation Forum 
for the certification activities concerned
.






Amendment 212


Proposal for a regulation


Article 42 — paragraph 2








Text proposed by the Commission




Amendment






2.   The enforcement authority shall carry out controls of products designated by geographical indications to ensure conformity with the product specification or the single document or an equivalent to 
the latter
.




2.   The enforcement authority shall 
on a regular basis
 carry out controls of products designated by geographical indications
, also based on a risk analysis and on notifications,
 to ensure 
traceability and
 conformity with the product specification or the single document or
, for geographical indications concerning products originating outside the Union,
 an equivalent to 
the single document
.






Amendment 213


Proposal for a regulation


Article 42 — paragraph 3








Text proposed by the Commission




Amendment






3.   Member States shall take appropriate administrative and judicial steps to prevent or stop the use of names of products or services that are produced, operated or marketed in their territory and that contravenes the protection of geographical indications provided for in Article 27 and Article 28.




3.   Member States shall take appropriate administrative and judicial steps to prevent or stop the use of names of products or services
, including domain names,
 that are produced, operated or marketed 
physically or via the internet
 in their territory and that contravenes the protection of geographical indications provided for in Article 27 and Article 28.






Amendment 214


Proposal for a regulation


Article 42 — paragraph 3 a (new)








Text proposed by the Commission




Amendment





 





3a.
   
Member States shall not adopt national rules, including of a technical nature, on the use of names for products or services that are produced, operated or marketed in their territory, which do not comply with Articles 27 and 28 of this Regulation and with Articles 7 and 17 of Regulation (EU) No 1169/2011, and which do not comply with the principle of harmonisation in the Union food law system.








Amendment 215


Proposal for a regulation


Article 42 — paragraph 4








Text proposed by the Commission




Amendment






4.   The authority designated in accordance with paragraph 1 shall coordinate enforcement of geographical indications among relevant departments, agencies and bodies, including police, anti-counterfeiting agencies, customs, intellectual property offices, food law authorities and retail inspectors.




4.   The authority designated in accordance with paragraph 1 shall 
cooperate with the producer groups concerned and
 coordinate enforcement of geographical indications among relevant departments, agencies and bodies, including police, anti-counterfeiting agencies, customs, intellectual property offices, food law authorities and retail inspectors.






Amendment 216


Proposal for a regulation


Article 43 — paragraph 1








Text proposed by the Commission




Amendment






1.   Sale of goods to which persons established in the Union have access, that contravenes 
Article
 27, shall be considered illegal content within the meaning of Article 2, point (g) of Regulation (EU) 
2022/xxx
 of the European Parliament and of the Council (46) .




1.   Sale of goods to which persons established in the Union have access, that contravenes 
Articles
 27 
and 28 of this Regulation
, shall be considered illegal content within the meaning of Article 2, point (g) of Regulation (EU) 
2022/2065
 of the European Parliament and of the Council (46) .






Amendment 217


Proposal for a regulation


Article 43 — paragraph 3








Text proposed by the Commission




Amendment






3.   Pursuant to Article 14 of Regulation (EU) 
2022/xxx
, any individual or entity may notify providers of hosting services of the presence of a specific content that is in breach 
Article
 27 of this Regulation.




3.   Pursuant to Article 14 of Regulation (EU) 
2022/2065
, any individual or entity may notify providers of hosting services of the presence of a specific content that is in breach 
Articles
 27 
and 28
 of this Regulation.






Amendment 218


Proposal for a regulation


Article 44 — paragraph 2








Text proposed by the Commission




Amendment






2.   The Commission 
may
 adopt implementing acts detailing the nature and the type of the information to be exchanged and the methods for exchanging information for the purpose of controls and enforcement under this Chapter. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 53(2).




2.   The Commission 
shall
 adopt implementing acts detailing the nature and the type of the information to be exchanged and the methods for exchanging information for the purpose of controls and enforcement under this Chapter. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 53(2).






Amendment 219


Proposal for a regulation


Article 44 — paragraph 4








Text proposed by the Commission




Amendment






4.   In case of a possible violation of protection conferred to a geographical indication, Member States shall take measures to facilitate the transmission, from law enforcement authorities, public prosecutors and judicial authorities, to the competent authorities referred in Article 39(3) of information on such possible violation.




4.   In case of a possible violation of protection conferred to a geographical indication, Member States shall take measures to facilitate the transmission, from law enforcement authorities, 
market surveillance authorities,
 public prosecutors
, public authorities on domain names
 and judicial authorities, to the competent authorities referred in Article 39(3) of information on such possible violation.






Amendment 220


Proposal for a regulation


Article 45 — title








Text proposed by the Commission




Amendment





Certificates of 
authorisation to produce




Certificates of 
compliance with product specifications







Amendment 221


Proposal for a regulation


Article 45 — paragraph 1








Text proposed by the Commission




Amendment






1.   A producer whose product, following the verification of compliance referred to in Article 39 is found to comply with the product specification of a geographical indication protected in accordance with this Regulation shall be entitled to an official certificate, or other proof of 
certification
, of eligibility to produce the product designated by the geographical indication concerned in respect of the production steps performed by the said producer.




1.   A producer whose product, following the verification of compliance referred to in Article 39, is found to comply with the product specification of a geographical indication protected in accordance with this Regulation shall be entitled to an official certificate, or other proof of 
compliance including by digital means
, of eligibility to produce the product designated by the geographical indication concerned
, such as the inclusion on the list of producers provided for in Article 39(1),
 in respect of the production steps performed by the said producer.






Amendment 222


Proposal for a regulation


Article 45 — paragraph 2








Text proposed by the Commission




Amendment






2.   The proof of 
certification
 referred to in paragraph 1 shall be made available on request to enforcement authorities, customs or other authorities in the Union engaged in verifying the use of geographical indications on goods declared for free circulation or placed on the internal market. The producer may make the proof of 
certification
 available to the public or to any person who requests such proof in the course of business.




2.   The proof of 
compliance
 referred to in paragraph 1 shall be made available on request to enforcement authorities, customs or other authorities in the Union engaged in verifying the use of geographical indications on goods declared for free circulation or placed on the internal market. The producer may make the proof of 
compliance
 available to the public or to any person who requests such proof in the course of business.






Amendment 223


Proposal for a regulation


Article 46








Text proposed by the Commission




Amendment







Article 46






deleted








Scrutiny of third country geographical indications




 






The Commission shall be empowered to adopt delegated acts in accordance with Article 84 supplementing this Regulation by rules on entrusting EUIPO with the scrutiny of third country geographical indications, other than geographical indications under the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications, proposed for protection pursuant to international negotiations or international agreements.




 





Amendment 224


Proposal for a regulation


Article 47 — paragraph 1 — introductory part








Text proposed by the Commission




Amendment






1.   Where the Commission exercises any of the empowerments provided for in this Regulation to entrust tasks to EUIPO, it shall also be empowered to adopt delegated acts in accordance with Article 84 to supplement this Regulation by criteria for monitoring performance in the execution of such tasks. Such criteria 
may
 include:




1.   Where the Commission exercises any of the empowerments provided for in this Regulation to entrust tasks to EUIPO, it shall also be empowered to adopt delegated acts in accordance with Article 84 to supplement this Regulation by criteria for monitoring performance in 
assisting with
 the execution of such tasks. Such criteria 
shall
 include
, at least
:






Amendment 225


Proposal for a regulation


Article 47 — paragraph 1 — point a








Text proposed by the Commission




Amendment













(a)






the extent of integration of agricultural factors in the scrutiny process;










deleted







Amendment 226


Proposal for a regulation


Article 47 — paragraph 1 — point b








Text proposed by the Commission




Amendment











(b)


quality of 
assessments
;












(b)


quality of 
technical support
;









Amendment 227


Proposal for a regulation


Article 47 — paragraph 1 — point c








Text proposed by the Commission




Amendment













(c)






coherence of assessments of geographical indications from different sources;










deleted







Amendment 228


Proposal for a regulation


Article 47 — paragraph 1 — point e a (new)








Text proposed by the Commission




Amendment





 










(ea)






access to information on the Union register of geographical indications.











Amendment 229


Proposal for a regulation


Article 47 — paragraph 2








Text proposed by the Commission




Amendment






2.   No later than 
5
 years after the first delegation of any tasks to EUIPO, the Commission shall prepare and submit a report to the European Parliament and to the Council on the results and experience of the exercise of these tasks by EUIPO.




2.   No later than 
two
 years after the first delegation of any tasks to EUIPO, the Commission shall prepare and submit a report to the European Parliament and to the Council on the results and experience of the exercise of these tasks by EUIPO.






Amendment 230


Proposal for a regulation


Article 48 — paragraph 3 — introductory part








Text proposed by the Commission




Amendment






3.   
The following
 agricultural products 
are
 excluded from being the subject of a protected designation of origin or a protected geographical indication:




3.   
Without prejudice to the rules referred to in Article 5(2),
 agricultural products 
that are contrary to public policy and that may not be placed on the internal market shall be
 excluded from being the subject of a protected designation of origin or a protected geographical indication.






Amendment 231


Proposal for a regulation


Article 48 — paragraph 3 — point a








Text proposed by the Commission




Amendment













(a)






products that by their nature cannot be traded within the internal market and can only be consumed in or near their place of manufacture, such as restaurants;










deleted







Amendment 232


Proposal for a regulation


Article 48 — paragraph 3 — point b








Text proposed by the Commission




Amendment













(b)






products that, without prejudice to the rules referred to in Article 5(2), are contrary to public policy or to accepted principles of morality and may not be placed on the internal market.










deleted







Amendment 233


Proposal for a regulation


Article 48 — paragraph 5








Text proposed by the Commission




Amendment






5.   For the purposes of paragraph (2), point (b), ‘other characteristic’ may include 
traditional production practices, traditional product attributes and
 farming practices that protect environmental value including biodiversity, habitats, nationally recognised environmental zones and landscape.




5.   For the purposes of paragraph 
1, point (b) and paragraph
 2, point (b), 
‘characteristics’ and
‘other characteristic’ may include farming practices that protect environmental value including biodiversity, habitats, nationally recognised environmental zones and landscape.






Amendment 234


Proposal for a regulation


Article 48 — paragraph 6








Text proposed by the Commission




Amendment








6.
   
The Commission shall be empowered to adopt delegated acts in accordance with Article 84 concerning restrictions and derogations with regard to the sourcing of feed in the case of a designation of origin.







deleted







Amendment 235


Proposal for a regulation


Article 48 — paragraph 7








Text proposed by the Commission




Amendment






7.   The Commission shall be empowered to adopt delegated acts in accordance with Article 84 concerning restrictions and derogations 
with regard to
 the slaughtering of live animals or with regard to the sourcing of raw materials. These restrictions and derogations shall, based on objective criteria, take into account quality or usage and recognised know-how or natural 
factors
.




7.   The Commission shall be empowered to adopt delegated acts in accordance with Article 84 concerning restrictions and derogations 
supplementing this Regulation with provisions regarding
 the slaughtering of live animals or with regard to the sourcing of raw materials. These restrictions and derogations shall, based on objective criteria, take into account quality or usage and recognised know-how or natural 
constraints affecting agricultural production in certain areas
.






Amendment 236


Proposal for a regulation


Article 50 — paragraph 2








Text proposed by the Commission




Amendment






2.   Insofar as sourcing entirely from within the defined geographical area is not 
technically
 practicable, feed sourced from outside that area can be added, provided that the product quality or characteristic essentially due to the geographical environment are not affected. Feed sourced from outside the defined geographical area shall not exceed 50 % of dry matter on an annual basis.




2.   Insofar as sourcing entirely from within the defined geographical area is not practicable, feed sourced from outside that area can be added, provided that the product quality or characteristic essentially due to the geographical environment are not affected. Feed sourced from outside the defined geographical area shall not exceed 50 % of dry matter on an annual basis.






Amendment 237


Proposal for a regulation


Article 50 — paragraph 2 a (new)








Text proposed by the Commission




Amendment





 





2a.
   
In duly justified cases, Member States may grant derogations from the percentages referred to in paragraphs 1 and 2 due to exceptional circumstances including adverse geopolitical, economic, geographic and climatic conditions, for a limited period of time until the possibility of sourcing from within the defined geographical area can be re-established.








Amendment 238


Proposal for a regulation


Article 50 — paragraph 2 b (new)








Text proposed by the Commission




Amendment





 





2b.
   
Where a Member State grants such a derogation in accordance with the paragraph 2a, it shall ensure that a dossier giving the reasons for that derogation is officially sent to the Commission and is made publicly available, subject to Union and national law on data protection.








Amendment 239


Proposal for a regulation


Article 50 — paragraph 3








Text proposed by the Commission




Amendment






3.   Any 
restrictions to
 the origin of raw materials provided in the product specification of a product the name of which is registered as a geographical indication shall be justified with respect to the link referred to in Article 51(1), point (f) .




3.   Any 
additional specific provision on
 the origin of raw materials provided in the product specification of a product the name of which is registered as a geographical indication shall be justified with respect to the link referred to in Article 51(1), point (f) .






Amendment 240


Proposal for a regulation


Article 50 — paragraph 3 a (new)








Text proposed by the Commission




Amendment





 





3a.
   
The Commission shall be empowered to adopt delegated acts in accordance with Article 84 supplementing this Regulation with provisions concerning derogations with regard to the sourcing of feed in the case of a designation of origin.








Amendment 241


Proposal for a regulation


Article 51 — paragraph 1 — point e








Text proposed by the Commission




Amendment











(e)


a description of the method of obtaining the product and, where appropriate, the 
traditional
 methods and specific practices used; as well as information concerning packaging, if the applicant group so determines and gives sufficient product-specific justification as to why the packaging must take place in the defined geographical area to safeguard quality, to ensure the origin or to ensure control, taking into account Union law, in particular that on the free movement of goods and the free provision of services;












(e)


a description of the method of obtaining the product and, where appropriate, the 
authentic and unvarying local
 methods and specific practices used; as well as information concerning packaging, if the applicant group so determines and gives sufficient product-specific justification as to why the packaging must take place in the defined geographical area to safeguard quality, to ensure the origin or to ensure control, taking into account Union law, in particular that on the free movement of goods and the free provision of services;









Amendment 242


Proposal for a regulation


Article 51 — paragraph 2








Text proposed by the Commission




Amendment






2.   The product specification may also include sustainability undertakings.




2.   The product specification may also include sustainability undertakings
, relating to environmental, economic, social dimensions of sustainability, and undertakings relating to animal health and welfare
.






Amendment 243


Proposal for a regulation


Article 51 — paragraph 3








Text proposed by the Commission




Amendment






3.   The Commission shall be empowered to adopt delegated acts in accordance with Article 84 concerning rules which limit the information contained in the product specification referred to in paragraph 1 of this Article, where such a limitation is necessary to avoid excessively voluminous applications for registration.




3.   The Commission shall be empowered to adopt delegated acts in accordance with Article 84 
supplementing this Regulation with provisions
 concerning rules which limit the information contained in the product specification referred to in paragraph 1 of this Article, where such a limitation is necessary to avoid excessively voluminous applications for registration.






Amendment 244


Proposal for a regulation


Article 52 — paragraph 1 — point a








Text proposed by the Commission




Amendment











(a)


the main points of the product specification, namely: the name, a description of the product, including, where appropriate, specific rules concerning packaging 
and
 labelling and a concise definition of the geographical area;












(a)


the main points of the product specification, namely: the name, a description of the product, including, where appropriate, specific rules concerning packaging, labelling 
and commercial presentation, including on retail websites, together with
 a concise definition of the geographical area;









Amendment 245


Proposal for a regulation


Title III — title








Text proposed by the Commission




Amendment





Quality schemes




Other
 quality schemes





Amendment 246


Proposal for a regulation


Article 54 — paragraph 2 — subparagraph 2








Text proposed by the Commission




Amendment





For the purposes of this Chapter, agricultural products means agricultural products intended for human consumption listed in Annex I to the Treaty on the Functioning of the European Union and other agricultural products 
and foodstuffs
 listed in Annex II to this Regulation.


For the purposes of this Chapter, ‘agricultural products’ means agricultural products intended for human consumption listed in Annex I to the Treaty on the Functioning of the European Union and other agricultural products 
not
 listed 
in that Annex but processed using products listed in that Annex, set out
 in Annex II to this Regulation.





Amendment 247


Proposal for a regulation


Article 55 — paragraph 3 a (new)








Text proposed by the Commission




Amendment





 





3a.
   
The protection of the registered name shall also extend to any translation of that name into a foreign language, if the producer group so specifies in the product specification. At the request of producers who wish to use a translation, the translation shall be defined by the Member State in which those producers are established and shall be notified to the Member State that applied for the registration and to the Commission. The Commission shall publish the translation in the Union register of geographical indications.








Amendment 248


Proposal for a regulation


Article 55 — paragraph 5








Text proposed by the Commission




Amendment






(5)   The Commission shall be empowered to adopt delegated acts in accordance with Article 84 supplementing this Regulation with 
further
 details 
of
 the eligibility criteria laid down in this Article.




(5)   The Commission shall be empowered to adopt delegated acts in accordance with Article 84 supplementing this Regulation with details 
clarifying
 the eligibility criteria laid down in this Article.






Amendment 249


Proposal for a regulation


Article 56 — paragraph 1 — point a








Text proposed by the Commission




Amendment











(a)


the product name proposed for registration, in the appropriate language versions;












(a)


the product name proposed for registration, in the appropriate language versions
, or indicating that that name should also be protected in its translation into a foreign language
;









Amendment 250


Proposal for a regulation


Article 57 — paragraph 1








Text proposed by the Commission




Amendment






1.   Applications for the registration of a traditional speciality guaranteed may only be submitted by groups of producers of products with the name to be protected. Several groups from different Member States or third countries may lodge a joint application for registration.




1.   Applications for the registration of a traditional speciality guaranteed may only be submitted by groups of producers of products with the name to be protected. Several groups from different Member States or third countries may lodge a joint application for registration. 
Other interested parties, including regional or local public bodies, may help in the preparation of the application and in the related procedure.








Amendment 251


Proposal for a regulation


Article 60 — paragraph 2








Text proposed by the Commission




Amendment






2.   The scrutiny 
should
 not exceed 
a
 period 
of 6
 months. In the event that the scrutiny period 
exceeds
 or is likely to 
exceed 6 months
 the Commission shall inform the applicant of the reasons for the delay 
in writing
.




2.   
Subject to paragraph 3,
 the scrutiny 
period shall
 not exceed 
five months from the submission of the application for registration.







 




That scrutiny
 period 
shall not include the period which starts on the date on which the Commission sends its observations or a request for supplementary information to the Member State, and ends on the date on which the Member State responds to the Commission in relation to such observations or to such a request.






 




In duly justified cases, the scrutiny period may be extended by a maximum of three
 months. In the event that the scrutiny period 
is extended
 or is likely to 
be extended,
 the Commission shall inform the applicant 
in writing
 of the reasons for the delay 
and of the date on which the scrutiny period is expected to end
.





Amendment 252


Proposal for a regulation


Article 60 — paragraph 3








Text proposed by the Commission




Amendment






3.   The Commission may seek supplementary information from the applicant.




3.   
Within three months following the submission of the application for registration,
 the Commission may seek supplementary information from the 
competent authority or from the
 applicant.






Amendment 253


Proposal for a regulation


Article 61 — paragraph 1








Text proposed by the Commission




Amendment






1.   Member States shall keep the Commission informed of any national administrative or judicial proceedings that may affect the registration of a traditional speciality guaranteed. In such a case, Member States may request the Commission to suspend the examination procedure for a period of 12 months which can be renewed.




1.   Member States shall keep the Commission informed of any national administrative or judicial proceedings that may affect the registration of a traditional speciality guaranteed. In such a case, Member States may 
submit a reasoned
 request 
to
 the Commission to suspend the examination procedure for a period of 12 months which can be renewed.






Amendment 254


Proposal for a regulation


Article 61 — paragraph 2








Text proposed by the Commission




Amendment






2.   The Member State shall inform the Commission without delay if the application to the Commission has been invalidated at national level by an immediately applicable but not final judicial decision. In this case, the Commission shall be exempted from the obligation to meet the deadline to perform the scrutiny referred to in Article 60(2) 
and to inform the applicant of the reasons for the delay
.




2.   The Member State shall inform the Commission without delay if the application to the Commission has been invalidated at national level by an immediately applicable but not final judicial decision. In this case, the Commission shall be exempted from the obligation to meet the deadline to perform the scrutiny referred to in Article 60(2).






Amendment 255


Proposal for a regulation


Article 62 — paragraph 3








Text proposed by the Commission




Amendment






(3)   An opposition shall claim that the application could infringe the conditions laid down in this Chapter and give reasons. An opposition that does not contain the said claim shall be void.




(3)   An opposition shall claim that the application could infringe the conditions laid down in this Chapter and give 
pertinent and adequate
 reasons. An opposition that does not contain the said claim shall be void.






Amendment 256


Proposal for a regulation


Article 63 — paragraph 1 — point a








Text proposed by the Commission




Amendment











(a)


gives duly substantiated reasons for the incompatibility of the proposed registration with the provisions of this Chapter; or












(a)


gives duly substantiated 
and pertinent
 reasons for the incompatibility of the proposed registration with the provisions of this Chapter; or









Amendment 257


Proposal for a regulation


Article 68 — paragraph 1 — point a








Text proposed by the Commission




Amendment











(a)


where 
compliance with
 the product specification is not 
ensured
;












(a)


where the product specification is not 
complied with;











Amendment 258


Proposal for a regulation


Article 69 — paragraph 4








Text proposed by the Commission




Amendment






(4)   The Commission shall be empowered to adopt delegated acts in accordance with Article 84 laying down additional rules to 
further
 detail the protection of traditional specialities guaranteed.




(4)   The Commission shall be empowered to adopt delegated acts in accordance with Article 84 laying down additional rules to detail the protection of traditional specialities guaranteed.






Amendment 259


Proposal for a regulation


Article 72 — paragraph 1 a (new)








Text proposed by the Commission




Amendment





 





1a.
   
Member States shall draw up a list of producers of guaranteed traditional specialities that are entered in the Union register of geographical indications. Member States may publish the list, for instance on the internet;








Amendment 260


Proposal for a regulation


Article 72 — paragraph 1 b (new)








Text proposed by the Commission




Amendment





 





1b.
   
Producers of guaranteed traditional specialities that are entered in the Union register of geographical indications shall be required to register with the relevant authorities or product certification bodies in accordance with Article 73(2) for the purposes of checking the products before they are offered for sale for the first time.








Amendment 261


Proposal for a regulation


Article 73 — paragraph 10








Text proposed by the Commission




Amendment






10.   The Commission shall be empowered to adopt delegated acts in accordance with Article 84 supplementing this Regulation by additional rules to provide for appropriate certification and accreditation procedures to apply in respect of product certification bodies referred to in paragraphs 2 
and
 5.




10.   The Commission shall be empowered to adopt delegated acts in accordance with Article 84 supplementing this Regulation by additional rules to provide for appropriate certification and accreditation procedures to apply in respect of product certification bodies referred to in paragraphs 2, 5 
and 6
.






Amendment 262


Proposal for a regulation


Article 75 — paragraph 2








Text proposed by the Commission




Amendment






2.   The Commission 
may
 establish a digital system for the inclusion of the terms and schemes referred to in paragraph 1 with a view to fostering knowledge of the products and schemes across the Union. The Commission may adopt implementing acts laying down technical details, necessary for the notification of the optional quality terms. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 80(2) .




2.   
By … [one year after the date of entry into force of this Regulation],
 the Commission 
shall
 establish 
and provide support for
 a digital system for the inclusion of the terms and schemes referred to in paragraph 1 with a view to fostering knowledge of the products and schemes across the Union. The Commission may adopt implementing acts laying down technical details, necessary for the notification of the optional quality terms. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 80(2).






Amendment 263


Proposal for a regulation


Article 81 — paragraph 1 — point 1

Regulation (EU) No 1308/2013
Article 93 — paragaraph 1 — point b — point ii







Text proposed by the Commission




Amendment











(ii)


as originating in a specific place, region or country;












(ii)


as originating in a specific place, region or
, in exceptional cases,
 country;









Amendment 265


Proposal for a regulation


Article 81 — paragraph 1 — point 1 a (new)

Regulation (EU) 1308/2013
Article 93 — paragraph 1 a (new)







Text proposed by the Commission




Amendment





 





1a.
   
In Article 93, the following paragraph is added:







 





‘1a.
   
For the purpose of paragraph 1, point (b), “other characteristic” may include traditional production practices, traditional product attributes and farming practices that protect environmental value including biodiversity, habitats, nationally recognised environmental zones and landscape.’;








Amendment 268


Proposal for a regulation


Article 81 — paragraph 1 — point 2

Regulation (EU) No 1308/2013
Article 94 — paragraph 2







Text proposed by the Commission




Amendment






2.   The product specification may contain sustainability undertakings 
pursuant to
 Article 
12 of Regulation (EU) …/… of the European Parliament and of the Council [Regulation on GI’s]*
.




2.   The product specification may contain sustainability undertakings 
within the meaning of
 Article 
94a
.






Amendment 269


Proposal for a regulation


Article 81 — paragraph 1 — point 2 a (new)

Regulation (EU) No 1308/2013
Article 94 a (new)







Text proposed by the Commission




Amendment





 










(2 a)





The following Articles are inserted:









 




‘Article 94a






 




Sustainability undertakings






 





1.
   
For the purpose of this Article, a “sustainability undertaking” refers to an undertaking which contributes to one or more social, environmental or economic objectives, including:







 










(a)






climate change mitigation and adaptation, including energy efficiency and decrease water consumption;










 










(b)






preservation and sustainable use of soil, landscapes and natural resources;










 










(c)






improving soil fertility;










 










(d)






preservation of biodiversity and plant varieties;










 










(e)






transition to a circular economy;










 










(f)






reduction of the use of pesticides;










 










g)






reduction of greenhouse gas (GHG) emissions;










 










(h)






securing viable income and improving resilience for producers of products benefiting from a protected designation of origin or a protected geographical indication;










 










(i)






improving the quality and the economic value of products benefiting from a protected designation of origin or a protected geographical indication, and redistributing added value across the supply chain;










 










(j)






contributing to the diversification of activities promoting the rural economy;










 










(k)






promoting local agricultural production, and preserving the rural fabric and local development, including agricultural employment;










 










(l)






attracting and sustaining young producers of products benefiting from a protected designation of origin or a protected geographical indication and new producers of products benefiting from a protected designation of origin or a protected geographical indication, and facilitating the inter-generational transmission of know-how and culture;










 










(m)






improving working and safety conditions in agricultural and processing activities;










 










(n)






contributing to the valorisation of rural areas as well as cultural and gastronomic heritage to promote education on themes concerning the quality system, food safety and balanced and diversified diets;










 










(o)






improving coordination between producers through improved efficiency of the governance instruments.










 





2.
   
A producer group may agree on sustainability undertakings to be adhered to in the production of the product designated by a protected designation of origin or a protected geographical indication. Such undertakings shall aim to apply a sustainability standard that goes beyond that required by Union or national law and goes beyond good practice in significant respects in terms of social, environmental, or economic undertakings. Such undertakings shall be specific, shall take account of existing sustainable practices employed for products designated by protected designation of origin or a protected geographical indications, may complement and contribute to producers’ broader agro-ecological strategies to combat climate change and may refer to existing sustainability schemes.







 





3.
   
The sustainability undertakings agreed in accordance with paragraph 2 shall be included in the product specification or shall be developed under separate initiatives.







 





4.
   
The sustainability undertakings referred to in paragraph 1 shall be without prejudice to requirements for compliance with hygiene, safety standards and competition rules.








Amendment 270


Proposal for a regulation


Article 81 — paragraph 1 — point 2 a (new)

Regulation (EU) No 1308/2013
Article 94 b (new)







Text proposed by the Commission




Amendment





 




Article 94b






 




Sustainability report






 





1.
   
Producer groups may prepare a sustainability report based on internal audit activities, comprising a description of existing sustainable practices implemented in the production of the product, of the impacts of the method of obtaining the product on sustainability, in terms of social, environmental, or economic commitments, and information necessary to understand how sustainability affects the development, performance and position of the product.







 




The sustainability report may be updated to take account in particular of progress compared with the outcome of previous internal audit activities.






 





2.
   
The Commission may adopt implementing acts setting out a harmonised format and the online presentation of the report provided for in paragraph 1 of this Article, contributing to the aim of sharing and replicating sustainable practices, including through advisory services and the development of a network for the exchange of such practices. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 53(2).’;








Amendment 271


Proposal for a regulation


Article 81 — paragraph 1 — point 3

Regulation (EU) No 1308/2013
Article 95







Text proposed by the Commission




Amendment











(3)


Articles 95 to 99
, Articles 101 to 106 and Article 107
 are deleted.












(3)


Articles 95 to 99 are deleted;









Amendment 272


Proposal for a regulation


Article 81 — paragraph 1 — point 3 a (new)

Regulation (EU) No 1308/2013
Article 100







Present text




Amendment





 










(3 a)





Article 100 is replaced by the following:









‘Article 100


‘Article 100




Homonyms


Homonyms





1.   
A name for which an application is submitted and which is wholly or partially homonymous with a name already registered under this Regulation shall be registered with due regard to local and traditional usage and any risk of confusion.






1.   
A protected designation of origin or a protected geographical indication that has been applied for after a wholly or homonymous protected designation of origin or a protected geographical indication had been applied for or protected in the Union, shall not be registered unless there is sufficient distinction in practice between the conditions of local and traditional usage and the presentation of the two homonymous indications, taking into account the need to ensure equitable treatment of the producers concerned and that consumers are not misled as to the true identity or geographical origin of the products.







A homonymous name which misleads the consumer into believing that products come from another territory shall not be registered even if the name is accurate as far as the actual territory, region or place of origin of those products is concerned.


A 
wholly or partly
 homonymous name which 
is suggestive of another product or
 misleads the consumer into believing that products come from another territory shall not be registered even if the name is accurate as far as the actual territory, region or place of origin of those products is concerned.






A registered homonymous name may be used only if there is a sufficient distinction in practice between the homonym registered subsequently and the name already in the register, having regard to the need to treat the producers concerned in an equitable manner and the need to avoid misleading the consumer.




 




 





1a.
   
For the purposes of this Article, a homonymous protected designation of origin or a protected geographical indication applied for or protected in the Union refers to:







 










(a)






protected designations of origin or protected geographical indications that are entered in the Union register of geographical indications;










 










(b)






protected designations of origin or protected geographical indications that have been applied for provided that they are subsequently entered in the Union register of geographical indications;










 










(c)






appellations of origin and geographical indications protected in the Union pursuant to Regulation (EU) 2019/1753 of the European Parliament and of the Council; and










 










(d)






protected designation of origin or a protected geographical indications, names of origin and equivalent terms protected pursuant to an international agreement between the Union and one or more third countries.











2.   Paragraph 1 shall apply mutatis mutandis if a name for which an application is submitted is wholly or partially homonymous with a geographical indication protected under the national law of Member States.




2.   Paragraph 1 
of this Article
 shall apply mutatis mutandis if a name for which an application is submitted is wholly or partially homonymous with a geographical indication protected under the national law of Member States.





 





2a.
   
The Commission shall cancel the protected designation of origin or protected geographical indication registered in breach of paragraph 1.








3.   Where the name of a wine grape variety contains or consists of a protected designation of origin or a protected geographical indication, that name shall not be used for the purposes of labelling agricultural products.




3.   Where the name of a wine grape variety contains or consists of a protected designation of origin or a protected geographical indication, that name shall not be used for the purposes of labelling agricultural products.





 





3a.
   
In order to take into account existing labelling practices, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 of this Regulation laying down exceptions from that rule.








4.   The protection of designations of origin and geographical indications of products covered by Article 93 of this Regulation shall be without prejudice to protected geographical indications applying to spirit drinks as defined in Article 2 of Regulation (EC) No 110/2008 of the European Parliament and of the Council (9).




4.   The protection of designations of origin and geographical indications of products covered by Article 93 of this Regulation shall be without prejudice to protected geographical indications applying to spirit drinks as defined in Article 2 of Regulation (EC) No 110/2008 of the European Parliament and of the Council.’;






Amendment 273


Proposal for a regulation


Article 81 — paragraph 1 — point 3 b (new)

Regulation (EU) No 1308/2013
Article 102







Present text




Amendment





 










(3b)





Articles 102 and 103 are replaced by the following:









‘Article 102


‘Article 102




Relationship with trade marks


Relationship with trade marks





1.   
Where a designation of origin or a geographical indication is registered under this Regulation,
 the registration of a trade mark the use of which would contravene Article 103
(2)
, 
and which relates to a product falling under one of the categories listed in Annex VII, Part II,
 shall be 
refused
 if the application for registration of the trade mark 
was
 submitted after the date of submission of the registration 
application in respect
 of the designation of origin or the geographical indication 
to the Commission
.






1.
   
An application for
 the registration of a trade mark the use of which would contravene Article 103, shall be 
rejected
 if the application for registration of the trade mark 
is
 submitted after the date of submission 
to the Commission
 of 
the application for
 the registration of the 
protected
 designation of origin or the 
protected
 geographical indication.







Trade marks registered in breach of the first subparagraph shall be invalidated.




 




 





1a.
   
Any registration in the name of a person other than the producer group of a trade mark incorporating, imitating or evoking the name protected by a geographical indication shall be rejected.







 





1b.
   
Trade marks registered in breach of paragraph 1 shall be invalidated by EUIPO and, when applicable, the competent national authorities.








2.   Without prejudice to 
Article 101(2) of this Regulation
, a trade mark the use of which contravenes Article 103
(2) of this Regulation
, which has been applied for, registered or established by use, 
if that possibility is provided for by the legislation concerned,
 in good faith within the territory of the Union, before the date on which the application for 
protection
 of the designation of origin or geographical indication 
was
 submitted to the Commission, may continue to be used and renewed, notwithstanding the registration of a designation of origin or geographical indication, provided that no grounds for 
the trade mark’s
 invalidity or revocation exist under Directive (EU) 2015/2436 of the European Parliament and of the Council (10) or under Regulation (EU) 2017/1001 
of the European Parliament and of the Council

 (11).




2.   Without prejudice to 
paragraph 3 of this Article
, a trade mark the use of which contravenes Article 103, which has been applied for, registered, or established by use in good faith within the territory of the Union, 
if that possibility is provided for by the legislation concerned
, before the date on which the application for 
registration
 of the 
protected
 designation of origin or 
protected
 geographical indication 
is
 submitted to the Commission, may continue to be used and renewed notwithstanding the registration of a 
protected
 designation of origin or a 
protected
 geographical indication, provided that no grounds for invalidity or revocation 
of the trade mark
 exist under Directive (EU) 2015/2436 of the European Parliament and of the Council or Regulation (EU) 2017/1001. In such cases, the use of 
the protected
 designation of origin or 
protected
 geographical indication 
and that of the relevant trade mark
 shall be permitted.





In such cases, the use of the designation of origin or geographical indication shall be permitted 
as well as use of the relevant trade marks
.


 




 





2a.
   
For protected designations of origin or protected geographical indications registered in the Union without the submission of a Union application for registration, the date of the first day of protection shall be deemed to be the date of submission to the Commission of the application for registration of the protected designation of origin or protected geographical indication for the purposes of paragraphs 1 and 4.







 





2b.
   
Without prejudice to Regulation (EU) No 1169/2011, guarantee or certification marks referred to in Article 28(4) of Directive (EU) 2015/2436 and collective marks referred to in Article 29(3) of that Directive may be used on labels, together with the protected designation of origin or protected geographical indication.’








 





Amendment 274


Proposal for a regulation


Article 81 — paragraph 1 — point 3 b (new)

Regulation (EU) No 1308/2013
Article103







Present text




Amendment





‘Article 103


‘Article 103




Protection


Protection







1.
   
A protected designation of origin and a protected geographical indication may be used by any operator marketing a wine which has been produced in conformity with the corresponding product specification.





 





2.   
A protected designation
 of origin 
and a protected
 geographical 
indication, as well as the wine using that protected name in conformity with the product specifications,
 shall be protected against:




2.   
Designations
 of origin 
or
 geographical 
indications entered in the Union register of protected designations of origin or protected geographical indications
 shall be protected against:











(a)


any direct or indirect commercial use of 
that
 protected name, including 
the use for
 products used as ingredients:












(a)


any direct or indirect commercial use of 
the protected designation of origin or protected geographical indication in respect of products not covered by the registration, where those products are comparable to the products registered under that name or where use of a name exploits, weakens, dilutes, or is detrimental to the reputation of, the
 protected name, including where those products 
are
 used as ingredients;














 










(i)






by comparable products not complying with the product specification of the protected name; or












 










 










(ii)






in so far as such use exploits, weakens or dilutes the reputation of a designation of origin or a geographical indication;












 










(b)


any misuse, imitation or evocation, even if the true origin of the 
product
 or 
service
 is indicated or if the protected name is translated, transcripted 
or
 transliterated or accompanied by an expression such as “style”, “type”, “method”, “as produced in”, “imitation”, “flavour”, “like” or similar, including where those products are used as ingredients;












(b)


any misuse, 
counterfeiting,
 imitation or evocation, even if the true origin of the 
products
 or 
services
 is indicated or if the protected name is translated, transcribed, transliterated or accompanied by an expression such as “style”, “type”, “method”, “as produced in”, “imitation”, “flavour”, “like” or similar, including where those products are used as ingredients.














(c)


any other false or misleading indication as to the provenance, origin, nature or essential qualities of the product, on the inner or outer packaging, advertising material 
or
 documents 
relating to the wine product concerned, as well as
 the packing of the product in a container liable to convey a false impression as to its origin;












(c)


any other false or misleading indication as to the provenance, origin, nature or essential qualities of the product 
that is used
 on the inner or outer packaging, advertising material, documents 
or information provided on websites or on domain names relating to the product concerned, and
 the packing of the product in a container liable to convey a false impression as to its origin;














(d)


any other practice liable to mislead the consumer as to the true origin of the product.












(d)


any other practice liable to mislead the consumer as to the true origin of the product.








 





2a.
   
Paragraph 1 shall also apply to a domain name containing or consisting of the registered protected designation of origin or protected geographical indication.










3.
   
Protected designations of origin and protected geographical indications shall not become generic in the Union within the meaning of Article 101(1).





 





4.   The protection referred to in paragraph 
2
 also 
applies with regard
 to:




4.   The protection referred to in paragraph 
1 shall
 also 
apply
 to:











(a)


goods entering the customs territory of the Union without being released for free circulation within 
the customs
 territory 
of the Union; and














(a)


goods entering the customs territory of the Union without being released for free circulation within 
that
 territory;








 










(aa)






goods produced in the Union and destined to be exported and marketed in third countries; and
















(b)


goods sold by means of distance selling, such as electronic commerce.












(b)


goods sold by means of distance selling, such as electronic commerce.










For goods entering the customs territory of the Union without being released for free circulation within that territory, the
 group of producers or any operator that is entitled to use the protected designation of origin or protected geographical indication shall be entitled to prevent all third parties from bringing goods, in the course of trade, into the Union without being released for free circulation there, where such goods, including packaging, come from third countries and 
bear without authorisation the protected designation of origin or protected geographical indication
.’


 




 





4a.
   
Where the protected designation of origin or a protected geographical indication contains one or more non-generic terms, the use of one, some or all of them in the same or in a different order from the one registered shall constitute one of the types of conduct referred to in paragraph 1, points (a) and (b).







 





4b.
   
The recognised
 group of producers or any operator that is entitled to use the protected designation of origin or protected geographical indication shall be entitled to prevent all third parties from bringing goods, in the course of trade, into the Union without being released for free circulation there, where such goods, including packaging, come from third countries and 
are in breach of paragraph 1.







 





4c.
   
Designation of origin or geographical indications protected under this Regulation shall not become generic in the Union.







 





4d.
   
Where a designation of origin or geographical indication is a compound name which contains a term which is considered to be generic, the use of that term shall not constitute, as a general rule, a conduct referred to in paragraph 1, points (a) and (b).







 





4e.
   
Each Member State shall take appropriate administrative and judicial steps to prevent or stop the unlawful use of protected designations of origin and protected geographical indications, as provided for in paragraph 1, that are produced or marketed in that Member State.







 




To that end, Member States shall designate the authorities that are responsible for taking those steps in accordance with procedures determined by each individual Member State.






 




Those authorities shall provide adequate guarantees of objectivity and impartiality, and shall have at their disposal the qualified staff and resources necessary to carry out their functions.’;







Amendment 275


Proposal for a regulation


Article 81 — paragraph 1 — point 3 c (new)

Regulation (EU) No 1308/2013
Articles 104 to 107







Text proposed by the Commission




Amendment





 










(3c)





Articles 104 to 106 and Article 107 are deleted;










Amendment 276


Proposal for a regulation


Article 81 — paragraph 1 — point 3 d (new)

Regulation (EU) 1308/2013
Article 113 — paragraph - 1 (new)







Text proposed by the Commission




Amendment





 










(3d)





In Article 113, the following paragraph is inserted:









 





‘-1.
   
A traditional term shall be comprised in the product specification of the product marketed under a designation of origin or a geographical indication.’;








Amendment 277


Proposal for a regulation


Article 81 — paragraph 1 — point 3 e (new)

Regulation (EU) 1308/2013
Article 113 a (new)







Text proposed by the Commission




Amendment





 










(3e)





The following Article is inserted:









 




‘Article 113a






 




Relationship with designations of origin and geographical indications






 





1.
   
The registration of a traditional term the use of which would contravene Article 27 of Regulation … /… (the new GI Regulation) shall be rejected if the application for registration of the traditional term is submitted after the date of submission to the Commission of the application for the registration of the designation of origin or of the geographical indication.







 





2.
   
Traditional terms registered in breach of paragraph 1 shall be invalidated by the Commission and, where applicable, the competent national authorities.’;








Amendment 278


Proposal for a regulation


Article 81 — paragraph 1 — point 3 f (new)

Regulation (EU) No 1308/2013
Article 120 — paragraph 1 — point g a (new)







Text proposed by the Commission




Amendment





 










(3f)





in Article 120(1), the following point is added:









 










(ga)






the abbreviations ‘PDO’ or ‘PGI’, corresponding to the indications ‘protected designation of origin’ or ‘protected geographical indication.’.











Amendment 279


Proposal for a regulation


Article 83 — paragraph 1 — point 1 a (new)

Regulation (EU) 2019/787
Article 13 — paragraph 4 a (new)







Text proposed by the Commission




Amendment





 










(1a)





In Article 13, the following paragraph is inserted:









 





‘4a.
   
For spirit drinks marketed under a compound name as referred to in Article 11, a label as referred to in Article 12, as a mixture as referred to in paragraph 3 of this Article or as a combination as referred to in paragraph 3a of this Article, the indication of the quantity of ingredients mentioned in compound terms, as allusion(s), in mixtures or in combinations shall not be required in accordance with Regulation (EU) No 1169/2011.’;








Amendment 280


Proposal for a regulation


Article 83 — paragraph 1 — point 4 a (new)

Regulation (EU) 2019/787
Annex I — point 9 a (new)







Text proposed by the Commission




Amendment





 










(4a)





In Annex I, the following point is inserted:









 










‘9a.






Potato spirit










 










(a)






Potato spirit is a spirit drink produced exclusively by alcoholic fermentation and distillation at less than 94,8  % vol. of potato tubers, so that the distillate has an aroma and taste derived from the raw materials used.










 










(b)






The maximum methanol content of potato spirit shall be 1 000  grams per hectolitre of 100 % vol. alcohol.










 










(c)






The minimum alcoholic strength by volume of potato spirit shall be 38 %.










 










(d)






No alcohol, diluted or otherwise, shall be added.










 










(e)






Potato spirit shall not be flavoured.










 










(f)






Potato spirit may only contain added caramel as a means to adapt colour.










 










(g)






Potato spirit may be sweetened in order to give it its final taste. However, the final product may not contain more than 10 grams of sweetening products per litre, expressed as invert sugar.’;











Amendment 281


Proposal for a regulation


Article 83 — paragraph 1 — point 4 b (new)

Regulation (EU) 2019/787
Annex I — point 13 a (new)







Text proposed by the Commission




Amendment





 





(4b)
   
In Annex I, the following point is inserted:







 










‘13a.





Bread spirit









 










(a)






Bread spirit is a spirit drink produced exclusively by alcoholic fermentation and distillation at less than 86 % vol. of fresh bread, so that the resulting distillate has an aroma and taste derived from the raw materials used.










 










(b)






The minimum alcoholic strength by volume of bread spirit shall be 38 %.










 










(c)






No alcohol, diluted or otherwise, shall be added.










 










(d)






Bread spirit shall not be flavoured.










 










(e)






Bread spirit may only contain added caramel as a means to adapt colour.










 










(f)






Bread spirit may be sweetened in order to give it its final taste. However, the final product may not contain more than 20 grams of sweetening products per litre, expressed as invert sugar.’;











Amendment 282


Proposal for a regulation


Article 84 — paragraph 2








Text proposed by the Commission




Amendment






2.   The power to adopt delegated acts referred to in 
Article 12(4),
 Article 14(2), 
Article 15(6), Article 17(5)
, Article 19(10), Article 23(7), Article 
25(10), Article 26(6), Article 28(3), Article 29(3), Article
 34(3), Article 
46(1), Article 46,
 Article 47(1), 
Article 48(6)
, Article 48(7), Article 49(4), Article 51(3), Article 55(5), Article 56(2), Article 73(10), Article 69(4), Article 70(2), Article 58(3), Article 62(10), Article 67(3), Article 68(6), Article 76(4), Article 77(1), Article 78(3), Article 78(4), shall be conferred on the Commission for a period of 
7
 years from [date of entry into force of this Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than 
9
 months before the end of the 
seven-year
 period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than 
3
 months before the end of each period.




2.   The power to adopt delegated acts referred to in Article 14(2), Article 19(10), Article 23(7), Article 34(3), Article 47(1), Article 48(7), Article 49(4)
, Article 50 (3b)
, Article 51(3), Article 55(5), Article 56(2), Article 73(10), Article 69(4), Article 70(2), Article 58(3), Article 62(10), Article 67(3), Article 68(6), Article 76(4), Article 77(1), Article 78(3), Article 78(4), shall be conferred on the Commission for a period of 
three
 years from 
… [the
 date of entry into force of this Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than 
nine
 months before the end of the 
three-year
 period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than 
three
 months before the end of each period.







(1)  The matter was referred back for interinstitutional negotiations to the committee responsible, pursuant to Rule 59(4), fourth subparagraph (A9-0173/2023).

(22)  https://ec.europa.eu/info/publications/communication-european-green-deal_en

(22)  https://ec.europa.eu/info/publications/communication-european-green-deal_en

(27)  Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (OJ L 343, 14.12.2012, p. 1).

(27)  Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (OJ L 343, 14.12.2012, p. 1).

(1 bis)  
            
Regulation (EU) No 1144/2014 of the European Parliament and of the Council of 22 October 2014 on information provision and promotion measures concerning agricultural products implemented in the internal market and in third countries and repealing Council Regulation (EC) No 3/2008 (OJ L 317, 4.11.2014, p. 56).



(29)  
            OJ L 304, 22.11.2011, p. 18.

(29)  
            OJ L 304, 22.11.2011, p. 18.

(30)  
            OJ L 95, 7.4.2017, p. 1.

(30)  
            OJ L 95, 7.4.2017, p. 1.

(34)  https://www.wipo.int/publications/en/details.jsp?id=3983

(35)  
            OJ L 123, 12.5.2016, p. 1.

(35)  
            OJ L 123, 12.5.2016, p. 1.

(1 bis)  
            
Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re-use of public sector information (OJ L 172, 26.6.2019, p. 56).



(1 bis)  
            
Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re-use of public sector information (OJ L 172, 26.6.2019, p. 56).



(46)  Regulation (EU) […] of the European Parliament and of the Council of […] on a Single Market For Digital Services 
(DSA)
 and amending Directive 2000/31/EC (OJ L 
…, XXX, dd/mm/yyyy
, p. 
X
).

(46)  Regulation (EU) 
2022/2065
 of the European Parliament and of the Council of 

                  19 October 2022
               
 on a Single Market For Digital Services and amending Directive 2000/31/EC 
(Digital Services Act)
 (OJ L 
277, 27.10.2022
, p. 
1

).

(9)  
            
Regulation (EC) No 110/2008 of the European Parliament and of the Council of 15 January 2008 on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks (OJ L 39, 13.2.2008, p. 16).’
               



(10)  
            
Directive (EU) 2015/2436 of the European Parliament and of the Council of 16 December 2015 to approximate the laws of the Member States relating to trade marks (OJ L 336, 23.12.2015, p. 1).



(11)  
            
Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade mark (OJ L 154, 16.6.2017, p. 1).’
               




ELI: http://data.europa.eu/eli/C/2023/1233/oj
ISSN 1977-091X (electronic edition)