Skip to content
EU Parl Watch

Changes between two versions

What changed between the plenary report and the adopted text

From · plenary report· 3 May 2023

A-9-2023-0173

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

To · adopted text· 1 Jun 2023

TA-9-2023-0210

Geographical indications for wine, spirit drinks and agricultural products

Changes to the text itself, in document order. Cover page, citations and punctuation-only edits are left out; they are under “Every difference”.

The changes · 33

Change 1

Changed:Recital 5: (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 originorigin, as well as ensuring the production conditions that have shaped the reputation and identity of such products.

Change 2

Changed:Recital 11: (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.TheCommission. 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…receivin…

Change 3

Changed:Recital 12 a (new): (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, theyobjectives 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,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.

Change 4

Changed:Recital 16: (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 ensureensuring 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.

29 more changes

Change 5

Changed:Recital 16 ba (new): (16b)(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.

Change 6

Changed:Recital 17 a (new): (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;products. inIn 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.

Change 7

Changed:Recital 23: (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 the 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.

Change 8

Removed:In line with the idea to maintain wine IG provisions in the Regulation (EU) 1308/2013.

Change 9

Removed:In line with the idea to maintain wine IG provisions in the Regulation (EU) 1308/2013.

Change 10

Changed:Recital 56: (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,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 appl…

Change 11

Removed:The reference to "property boundaries" is not relevant.

Change 12

Changed:Article 8 – paragraph 4 a (new): 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.

Change 13

Removed:The submission to a national opposition procedure of documents other than the technical specifications, which is the only relevant document, is pointless.

Change 14

Changed:Article 9 – paragraph 7 a (new): 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 concernedconcerned.

Change 15

Changed:Article 12 – paragraph 2: 2. The sustainability undertakings agreed on in accordance with paragraph (1) of this Article shall be either included in the product specification or developed under separate initiatives.

Change 16

Changed:Article 17 – paragraph 2: 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 in writing and of the date on which the examination period is expected to end.

Change 17

Removed:The text is confusing. The amendment keeps the status quo.

Change 18

Changed:Article 22 – paragraph 3 – introductory part: 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,thereof:

Change 19

Changed:Article 32 – paragraph 2 – point d – point -i a (new): (-ia)(-i) establishing the minimum conditions for the usage of the name of a geographical indication;

Change 20

Changed:Article 34 – paragraph 2 a (new): 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/ ...2022/1925 [DMA].

Change 21

Changed:Article 37 – paragraph 5 – subparagraph 1 a2 (new): 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.

Change 22

Removed:In order to clarify the provisions on accreditation, it is necessary to avoid redundant accreditations, which would be unbearably costly for all stakeholders, and to limit distortions of competition.

Change 23

Removed:Only signatories of the European Accreditation (EA) and the International Accreditation Forum (IAF) are committed to the EA and IAF accreditation rules and are subject to peer review.

Change 24

Removed:For the purposes of greater transparency, especially for consumers, as well as efficient checks, the Member State shall establish a list of producers, maintain it up to date and make it publicly available. This means that the relevant authorities must be aware of the identity of producers.

Change 25

Removed:For the purposes of greater transparency, especially for consumers, as well as efficient checks, the Member State shall establish a list of producers, maintain it up to date and make it publicly available. This means that the relevant authorities must be aware of the identity of producers.

Change 26

Changed:Article 75 – paragraph 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).

Change 27

Removed:Regulation (EU) No 1308/2013

Removed:Article 81 – paragraph 1 – point 1, Article 93 – paragaraph 1 – point b – point iii: (iii) as having at least 85 % of the grapes, must or wine used for its production originating exclusively from that geographical area;

Change 28

Changed:Article 81 – paragraph 1 – point 1 a (new), Article 93 – paragraph 1 a (new): 1a. In Article 9393, 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.’;

Change 29

Removed:Regulation (EU) No 1308/2013

Removed:Article 81 – paragraph 1 – point 1 b (new), Article 93 – paragraph 4: (1b) In Article 93, paragraph 4 is replaced by the following: / ‘ 4. Production as referred to in paragraph 1, point (a)(iv), includes all the operations involved, from the harvesting of the grapes to the completion of the wine-making processes, with the exception of any post-production processes.’;

Removed:Regulation (EU) No 1308/2013

Removed:Article 81 – paragraph 1 – point 1 c (new), Article 93 – paragraph 5: (1c) In Article 93, paragraph 5 is replaced by the following: / ‘5. For the purpose of the application of point (b)(ii) of paragraph 1, the maximum 15 % share of grapes, must or wine which may originate outside the demarcated area shall originate from the Member State or third country in which the demarcated area is situated.’;

Change 30

Removed:Two different percentages would appear on the label in the same field of view. This leads to confusion. For small distillers, the requirement is not feasible without commissioning a laboratory. The alcoholic quantitative ingredient declaration, which is required under spirits law, is sufficient for consumer information. The value-determining ingredients for spirits are the alcoholic ingredients related to the actual alcohol content of the finished product.

Change 31

Removed:Pursuant to Regulation 2019/787, there is no category of spirit drink that covers the production of spirits made from potatoes, with possible distillation up to 94.8% by volume. Spirits resulting from distillation after fermentation of potatoes have a specific taste and aroma, which are different from the taste and aroma of ‘grain spirit’ or ‘fruit spirit’. Such a category of potato spirit should be classified in the group of categories 1-14 of Annex I to Regulation 2019/787.

Change 32

Removed:According to Regulation 2019/787, spirit drinks must be produced from agricultural raw materials. Bread is not included in this list. In order to allow the production of spirit drinks from fresh bread, it is necessary to introduce a new category. Such a category should be similar to the ‘beer spirit’ category (category 13 of Annex I to Regulation 2019/787). Beer is also not included in Annex I to the Treaty. Such a category of bread spirit should be regulated among the group of categories 1-14 of Annex I to Regulation 2019/787.

Change 33

Removed:Annex II – paragraph 1 – point i a (new): (ia) cigars,

Removed:31.1.2023