Changes between two versions

What changed between the draft committee report and the plenary report

From · draft committee report· 18 Oct 2022

on the proposal for a regulation of the European Parliament and of the Council 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 · 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

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 · 72

Change 1

Removed:Article 2 – paragraph 1 – point a: (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;

Added:Recital 1: (1) The European Green Deal22 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.

Removed:Article 2 – paragraph 1 – point g: (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; / (deleted) / (deleted)

Added:Recital 1 a (new): (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.

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Removed:Article 2 – paragraph 1 – point i a (new): (ia) 'sustainability undertaking' means an undertaking promoting sustainable production in its three dimensions, by contributing to one or more social, environmental and economic objectives.

Added:Recital 2: (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.

Removed:~~Article 4 – paragraph 1 – point -a (new): (-a) a fair return for producers for the qualities of their products;~~

Added:Recital 4: (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.

Removed:Article 4 – paragraph 1 – point -a a (new): (-aa) support to agricultural and processing activities and the farming systems associated with high-quality products, thereby contributing to the achievement of rural development policy objectives;

Added: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 origin as well as ensuring the production conditions that have shaped the reputation and identity of such products.

Removed:Article 4 – paragraph 1 – point a: (a) 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, and to operate in the market;

Added:Recital 5 a (new): (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.

Removed:~~Article 4 – paragraph 1 – point b a (new): (ba) that the added value associated with geographical indications is fairly shared across the supply chain;~~

Added:Recital 5 b (new): (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.

Removed:Article 4 – paragraph 1 – point c: (c) that consumers receive reliable information and a guarantee of authenticity of such products and can readily identify them in the marketplace including in the domain name system and in electronic commerce;

Added:Recital 9: (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 …

Removed:Article 4 – paragraph 1 – point d: (d) efficient registration of geographical indications taking into account the uniform, appropriate and effective protection of intellectual property rights in the internal market including the Union digital market; and

Added:Recital 9 a (new): (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 Council1a. / 1a 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).

Removed:Article 4 – paragraph 1 – point e: (e) effective enforcement and marketing throughout the Union and in the domain name system and in electronic commerce ensuring the integrity of the internal market.

Added: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.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…

Removed:Article 6 – paragraph 1: 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 subheading 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).

Added:Recital 11 a (new): (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.

Removed:Article 7 – paragraph 1 – point f: (f) ‘recognised producer group’ means a formal association recognised by the competent national authorities as the sole group to act on behalf of all producers;

Added:Recital 12: (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.

Removed:Article 7 – paragraph 1 – point g a (new): (ga) 'association of producer groups' means an organisation that promotes the interests of producers of products designated by different geographical indications.

Added: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, they 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.

Removed:Article 8 – paragraph 1: 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 regional or local public bodies, may help in the preparation of the application and in the related procedure.

Added:Recital 12 b (new): (12b) Public procurement criteria should incorporate geographical indications and other quality schemes provided that they contribute to sustainable food production.

Added:Recital 13: (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.

Added:Recital 14 a (new): (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.

Added:Recital 15: (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.

Added:Recital 15: (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.

Added: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 ensure 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.

Added:Recital 16 b (new): (16b) 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.

Added:Recital 17: (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.

Added: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; 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.

Added: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.

Added:Recital 25 a (new): (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).

Added:Recital 26: (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.

Added:Recital 27: (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.

Added:Recital 29: (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 Council29, and in particular the provisions aimed at preventing labelling that may confuse or mislead consumers.

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

Added:Recital 30: (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.

Added:Recital 31: (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 Council30 , 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.

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

Added:Recital 31 a (new): (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.

Added:Recital 32: (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.

Added:Recital 35: (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.

Added:Recital 37: (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.

Added:Recital 39: (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.

Added:Recital 44: (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.

Added:Recital 46: (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.

Added:Recital 47: (47) To ensure transparency, the traditional specialities guaranteed should be entered in the single register provided for in this Regulation.

Added:Recital 48: (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.

Added:Recital 50: (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.

Added:Recital 53 a (new): (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’.

Added: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, 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…

Added:Recital 60 a (new): (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.

Added:Article 1 – paragraph 1 – introductory part: This Regulation lays down the rules on the following quality schemes:

Added:Article 1 – paragraph 1 – point a: (a) protected designations of origin (PDOs) and protected geographical indications (PGIs) for wine, agricultural products and foodstuffs, and geographical indications for spirit drinks;

Added:Article 1 – paragraph 1 – point b: (b) traditional specialities guaranteed (TSGs); and

Added:Article 1 – paragraph 1 – point b a (new): (ba) optional quality terms for agricultural products.

Added:Article 2 – paragraph 1 – point -a (new): (-a) ‘quality schemes’ means the schemes established under Titles II, III and IV;

Added:Article 2 – paragraph 1 – point a: (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;

Added:Article 2 – paragraph 1 – point b: (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;

Added:Article 2 – paragraph 1 – point d: (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;

Added:Article 2 – paragraph 1 – point f: (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;

Added:Article 2 – paragraph 1 – point g – introductory part: (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;

Added:Article 2 – paragraph 1 – point g – point i: deleted

Added:Article 2 – paragraph 1 – point g – point ii: deleted

Added:Article 4 – paragraph 1 – introductory part: 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:

Added:Article 4 – paragraph 1 – point -a (new): (-a) helping producers obtain a fair return for the quality of their products;

Added:Article 4 – paragraph 1 – point -a a (new): (-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;

Added:Article 4 – paragraph 1 – point a: (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;

Added:Article 4 – paragraph 1 – point b: (b) ensuring fair competition for farmers and producers of agricultural products and foodstuffs, in order to generate added value in the marketing chain;

Added:Article 4 – paragraph 1 – point b a (new): (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;

Added:Article 4 – paragraph 1 – point c: (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;

Added:Article 4 – paragraph 1 – point d: (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

Added:Article 4 – paragraph 1 – point e: (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;

Added:Article 4 – paragraph 1 – point e a (new): (ea) preserving know-how, and promoting and supporting local and regional products;

Added:Article 4 – paragraph 1 – point e b (new): (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.

Added:Article 6 – paragraph 1: 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.

Added:Article 7 – paragraph 1 – point f: (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);

Added:Article 8 – paragraph 1: 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.

Change 2

Removed:Article 9 – paragraph 7: 7. The Member State shall ensure that its decision, be it favourable or not, is made public. 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.

Added:Article 8 – paragraph 3 – point a: (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

Removed:Article 12 – paragraph 1: 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 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, and may refer to existing sustainability schemes.

Added:Article 8 – paragraph 3 – point b: (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.

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Removed:Article 12 – paragraph 2: 2. The sustainability undertakings referred to in paragraph (1) of this Article shall be included in the product specification, unless those undertakings are included elsewhere, for instance in the sustainability report referred to in Article 12a.

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

Added:Article 8 – paragraph 3 – subparagraph 1 a (new): In the case of wines, a single applicant shall be the winemaker.

Added: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 Recommendation 2003/361/EC.

Added:Article 9 – paragraph 2 – point c a (new): (ca) a study on the economic sustainability of the supply chain concerned.

Added:Article 9 – paragraph 4: 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.

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

Added:Article 9 – paragraph 7: 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.

Added: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 concerned

Added:Article 12 – paragraph -1 (new): -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 product…

Added:Article 12 – paragraph 1: 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.

Added: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 3

Removed:Article 12 a (new): Article 12a / Sustainability report / 1. By 1 January 2026, producer groups shall prepare a sustainability report comprising a description 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. / 2. The Commission may adopt implementing acts setting out the format and the online presentation of the report provided for in paragraph 1 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 53(2).

Added:Article 12 – paragraph 5: deleted

Added:Article 12 a (new): 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).

Change 4

Added:Article 15 – paragraph 1 – point -a (new): (-a) the product specification referred to in Article 11;

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Change 5

Changed:Article 1716 – paragraph 2:1: 2.1. ~~Scrutiny~~A ~~shall~~Union ~~not~~application ~~exceed~~for athe ~~period~~registration of ~~5 months. In~~a ~~duly~~geographical ~~justified~~indication ~~cases,~~shall ~~the~~be ~~scrutiny~~submitted ~~period~~to ~~may~~the beCommission ~~extended~~electronically, bythrough a ~~maximum of~~digital 3system. ~~months.~~The Indigital ~~the~~system ~~event~~shall ~~that~~have the ~~scrutiny~~capacity ~~period~~to isallow ~~extended~~the orsubmission isof ~~likely~~applications to ~~be extended~~competent ~~the~~authorities ~~Commission~~of ~~shall~~a ~~inform~~Member ~~the~~State, ~~applicant~~and ofmay ~~the~~be ~~reasons~~used ~~for~~by the ~~delay~~Member State in ~~writing.~~its national procedure.

Change 6

Added:Article 17 – title: Examination by the Commission and publication for opposition

Added:Article 17 – paragraph 1: 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.

Added: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 of the reasons for the delay in writing and of the date on which the examination period is expected to end.

Added:Article 17 – paragraph 3: 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.

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Added:Article 17 – paragraph 4: 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.

Change 7

Removed:Article 18 – paragraph 2 – introductory part: 2. The Commission shall be exempted from the obligation to meet the deadline to perform the scrutiny 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:

Added:Article 18 – paragraph 1: 1. Member States shall immediately inform the Commission of any national administrative or judicial proceedings that may affect the registration of a geographical indication.

Added:Article 18 – paragraph 2 – introductory part: 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:

Added:Article 18 – paragraph 2 – point b: (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.

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Added:Article 18 – paragraph 3: 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.

Added:Article 18 – paragraph 4: 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.

Change 8

Added:Article 19 – paragraph 4: 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.

Added:Article 19 – paragraph 6: 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.

Added:Article 19 – paragraph 7: 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.

Added:Article 19 – paragraph 9: 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.

Change 9

Added:Article 20 a (new): 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).

Added:Article 21 – paragraph 3 – introductory part: 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:

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

Added:Article 21 – paragraph 5: 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.

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Added:Article 21 – paragraph 6: 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).

Added:Article 22 – paragraph 1: 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).

Change 10

Added: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,

Added:Article 22 – paragraph 5: 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.

Added:Article 23 – paragraph 1: 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.1a The register shall have three parts corresponding to geographical indications of wine, of spirit drinks and of agricultural products respectively. / 1a 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).

Added:Article 23 – paragraph 1 a (new): 1a. The EUIPO shall maintain and keep the Union register up-to-date with respect to registrations, amendments and cancellations of geographical indications.

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Added:Article 23 – paragraph 3: 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.

Added:Article 23 – paragraph 5: 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.

Added:Article 23 – paragraph 6: 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.

Added:Article 23 – paragraph 6 a (new): 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.

Added:Article 23 – paragraph 7: deleted

Added:Article 24 – paragraph 1: 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 Council1a. That official extract may be used as an authentic certificate in legal proceedings, in a court of law, court of arbitration or similar body. / 1a 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).

Added:Article 24 – paragraph 2: 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.

Added:Article 24 – paragraph 3: 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).

Change 11

Changed:Article 25 – paragraph 1 a (new): 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.

Change 12

Added:Article 25 – paragraph 3 – introductory part: 3. An amendment shall be considered as a Union amendment if it entails a change of the single document and:

Change 13

Removed:~~Article 25 – paragraph 3 – point b: deleted~~

Added:Article 25 – paragraph 3 – point b: (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

Change 14

Changed:Article 25 – paragraph 5: 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~~weather, ~~conditions~~geopolitical events or ~~exceptional~~any ~~geopolitcal~~other ~~events~~exceptional conditions formally recognised by the competent authorities.

Change 15

Changed:Article 25 – paragraph 6: 6. Union amendments shall be ~~scrutinised~~assessed and approved by the ~~Commission.~~Commission ~~The~~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 ~~from~~in ~~Article~~Articles 8 to 22. / Where the amendments concern the product specifications of a geographical indication registered in the International Register, Article ~~22.~~23(6a) shall apply, mutatis mutandis.

Change 16

Changed:Article 25 – paragraph ~~8: 8. If~~7: an7. ~~application~~Applications for a Union ~~amendment to the product~~amendments ~~specification~~submitted ofby a ~~registered~~third ~~geographical~~country, ~~indication~~by ~~also~~producer ~~includes~~groups ~~standard~~or, ~~amendments~~in orexceptional ~~temporary~~and ~~amendments,~~duly ~~the~~justified ~~Commission~~cases, ~~shall~~by ~~scrutinise~~individual ~~the~~producers ~~Union~~established ~~amendment~~in ~~only.~~a ~~Any~~third ~~standard~~country ~~amendments~~shall orcontain ~~temporary~~proof ~~amendments~~that ~~shall~~the berequested ~~deemed~~amendment ascomplies ~~not~~with ~~having~~the ~~been~~laws ~~submitted.~~on ~~The~~the ~~scrutiny~~protection of ~~such applications~~geographical ~~shall~~indications ~~focus~~in onforce ~~the~~in ~~proposed~~that ~~Union~~third ~~amendments.~~country.

Change 17

Changed:Article 25 – paragraph 9:8: 9.8. ~~Standard~~If ~~amendments~~an ~~shall~~application befor ~~scrutinised~~a ~~and~~Union ~~approved~~amendment byto ~~Member~~the ~~States~~product orspecification ~~third~~of ~~countries~~a inregistered ~~whose~~geographical ~~territory~~indication also includes standard amendments or temporary amendments, the ~~geographical~~Commission ~~area~~shall ofexamine the ~~product~~Union ~~concerned~~amendment isonly. ~~located~~Any ~~and~~standard ~~communicated~~amendments toor ~~the~~temporary ~~Commission.~~amendments shall be deemed as not having been submitted. The ~~Commission~~examination of such applications shall ~~make~~focus ~~those~~on ~~amendments~~the ~~public.~~proposed Union amendments.

Change 18

Added:Article 25 – paragraph 9: 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.

Change 19

Changed:Article 26 – paragraph 1 – point b: (b) where no product has been placed on the market under the geographical indication ~~for~~in atthe ~~least~~preceding ~~five~~seven consecutive years.

Change 20

Changed:Article 26 – paragraph 22: a2. ~~(new):~~The ~~2a.~~Commission ~~After~~may ~~the~~adopt ~~cancellation~~implementing ofacts cancelling the registration ~~of a geographical indication,~~at the ~~use and the~~request ~~protection~~of asproducer ~~another~~group ~~intellectual~~representing ~~property~~a ~~right~~majority of the ~~registered name~~producers ~~shall~~of bethe ~~prohibited~~product ~~for~~marketed atunder ~~least~~the 10registered ~~years.~~name.

Change 21

Added:Article 26 – paragraph 2 a (new): 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.

Added:Article 26 – paragraph 6: deleted

Change 22

Changed:Article 27 – paragraph 1 – point b: (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,~~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;

Change 23

Removed:Article 27 – paragraph 2: 2. For the purposes of paragraph (1), point (b), the evocation of a geographical indication shall arise, in particular, where a clear link is present 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.

Added:Article 27 – paragraph 2: deleted

Change 24

Changed:Article 27 – paragraph 4 – point a a (new): (aa) goods produced in the Union and destined to be exported to and marketed in third countries; and

Change 25

Changed:Article 27 – paragraph 4 a (new): 4a. AWhere ~~protected~~the ~~name~~geographical ~~shall~~indication ~~not~~contains beone ~~used~~or tomore ~~indicate~~non-generic ~~that~~terms, athe ~~product~~use ~~has~~of ~~been~~one, ~~aged~~some inor ~~containers,~~all ~~including~~of ~~casks~~them ~~and~~in ~~barrels,~~the ~~where~~same or in a ~~product~~different ~~designated~~order byfrom the ~~geographical indication~~one ~~was~~registered ~~originally~~shall ~~aged,~~constitute ~~except~~one inof the ~~event~~types of anconduct ~~agreement~~referred to in ~~writing~~paragraph ~~with~~1, ~~the~~points ~~producer~~(a) ~~group.~~and (b).

Change 26

Removed:~~Article 27 – paragraph 7: deleted~~

Added:Article 27 – paragraph 7: 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).

Change 27

Changed:Article 28 – paragraph 1: 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.~~indication, and that it complies with the applicable provisions of Regulation (EU) 2019/787 in respect of spirit drinks.

Change 28

Changed:Article 28 – paragraph 2: 2. The geographical indication designating a product ingredient shall not be used in the food ~~name~~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.~~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.

Change 29

Removed:Article 32 – paragraph 1: 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 competent national authorities 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 and that all producers of the product designated by the geographical indication enjoy right of membership in the group.

Added:Article 31: deleted / (deleted) / (deleted)

Added:Article 32 – paragraph 1: 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.

Change 30

Changed:Article 32 – paragraph 2 – point a: (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;

Change 31

Changed:Article 32 – paragraph 2 – point b: (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;

Change 32

Changed:Article 32 – paragraph 2 – point c: (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 ~~the sustainability report referred to in Article 12a or in~~ an information system provided by the Commission;

Change 33

Changed:Article 32 – paragraph 2 – point d – introductory part: (d) take action to improve the performance of the geographical indication, in terms of ~~social,~~economic, ~~environmental~~social and ~~economic~~environmental sustainability, including:

Change 34

Changed:Article 32 – paragraph 2 – point d – point ~~iii: (iii)~~-i ~~carrying~~a ~~out~~(new): ~~analyses~~(-ia) ~~into~~establishing the ~~social, environmental or economic performance, nutritional~~minimum ~~profile,~~conditions ~~and~~for ~~organoleptic~~the ~~profile,~~usage of the ~~product designated~~name byof ~~the~~a geographical indication;

Change 35

Removed:Article 32 – paragraph 2 – point e: (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.

Added:Article 32 – paragraph 2 – point d – point ii: (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;

Removed:Article 32 – paragraph 2 – point e a (new): (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 prices;

Added:Article 32 – paragraph 2 – point d – point iii: (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;

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Added:Article 32 – paragraph 2 – point e: (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;

Added:Article 32 – paragraph 2 – point e a (new): (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;

Change 36

Changed:Article 32 – paragraph 2 – point e c (new): (ec) ~~lay~~establish ~~down~~the ~~rules~~minimum ~~concerning~~conditions for the ~~use~~fair usage of the ~~product designated~~name byof a geographical indication as an ~~ingredient,~~ingredient in ~~particular by: / (i) establishing~~a ~~minimum~~processed ~~conditions~~product, ~~for~~referred ~~the~~to ~~use~~in ofArticle ~~the~~28(2), ~~name~~and ofdetermine the ~~product designated by a geographical indication; and /~~rules ~~(ii)~~for requesting a financial contribution from the processor ~~using the name of the product designated by a geographical indication as~~for ansuch ~~ingredient.~~use.

Change 37

Removed:Article 33 – paragraph 1: 1. Upon a request of a producer group, 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, that are registered or are subject to an application for registration or for product names that are a potential subject for application for registration.

Added:Article 32 – paragraph 2 a (new): 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.

Removed:Article 33 – paragraph 1 a (new): 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 and Article 32.

Added:Article 33 – paragraph 1: 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.

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Removed:Article 33 – paragraph 2: 2. A producer group may be designated as recognised producer group subject to a prior agreement concluded between a minimum number of the producers of the product bearing a geographical indication, accounting for a minimum volume or value of marketable production, to be laid down by the Member State, 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.

Added:Article 33 – paragraph 1 a (new): 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.

Change 38

Changed:Article 33 – paragraph 22: a2. ~~(new):~~A ~~2a.~~producer ~~Member~~group ~~States~~may ~~or,~~be indesignated ~~accordance~~as ~~with~~recognised anproducer ~~international~~group ~~agreement~~subject to ~~which~~a prior agreement concluded between at least 50 % plus one of the ~~Union~~producers isof the product bearing a ~~contracting~~geographical ~~party,~~indication, ~~third~~accounting ~~countries~~for ~~may~~a ~~decide~~minimum onvolume ~~the~~or ~~basis~~value of ~~objective~~the ~~and~~marketable ~~non-discriminatory~~production, ~~criteria~~to be laid down by the Member State concerned, of that ~~producer~~product ~~groups~~in ~~already~~the ~~recognised~~geographical atarea ~~national~~referred ~~level~~to ~~before~~in …the ~~[the~~product ~~date~~specification. ofAs ~~entry~~an ~~into~~exception, ~~force~~Member ofStates ~~this~~may ~~Regulation]~~confer ~~are~~on an authority, as referred to bein ~~considered~~Article 8(2), and on a single producer, as ~~recognised~~referred ~~producer~~to ~~groups.~~in Article 8(3), the powers and responsibilities referred to in paragraph 3 of this Article and in Article 32(2).

Change 39

Removed:Article 33 – paragraph 3 – point b: (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 prices;

Added:Article 33 – paragraph 2 a (new): 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.

Removed:Article 33 – paragraph 3 – point b a (new): (ba) to carry out supervisory activities and prevent fraud, as provided for in Article 42, when such activities have been delegated to them by the competent national authority;

Added:Article 33 – paragraph 3 – introductory part: 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:

Change 40

Changed:Article 33 – paragraph 3 – point ~~c a (new):~~b: ~~(ca)~~(b) to ~~establish standard~~take ~~value-sharing~~enforcement ~~clauses~~actions, ~~within~~including ~~the~~filing ~~meaning~~applications offor ~~Article~~actions ~~172a~~with ofcustom ~~Regulation~~authorities, ~~(EU)~~to Noprevent ~~1308/2013,~~or ~~including~~counter ~~market~~any ~~bonuses~~measures ~~and~~or ~~losses,~~commercial ~~determining~~practices ~~how~~which ~~any~~are, ~~evolution~~or ofrisk ~~market~~being, ~~prices~~detrimental ~~for~~to the ~~products~~image ~~concerned~~and orvalue ~~other~~of ~~relevant~~their ~~commodities~~products isincluding todevaluating bemarketing ~~allocated~~practices ~~between~~and ~~members;~~lowering prices;

Change 41

Changed:Article 33 – paragraph 3 – point c b a (new): ~~(cb)~~(ba) to ~~liaise with the Commission in the context of negotiations on international agreements as regards~~carry ~~the~~out ~~protection~~supervisory ofactivities ~~the~~and ~~geographical~~prevent ~~indications;~~fraud;

Change 42

Removed:Article 33 – paragraph 4: 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 that geographical indication.

Added:Article 33 – paragraph 3 – point c a (new): (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;

Removed:Article 33 – paragraph 5: 5. Member States or, in accordance with an international agreement to which the Union is a contracting party, third countries shall carry out checks in order to ensure that the conditions for the recognition 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.

Added:Article 33 – paragraph 3 – point c b (new): (cb) to liaise with the Commission in the context of negotiations on international agreements as regards the protection of geographical indications;

Change 43

Changed:Article 33 – paragraph ~~5 a (new):~~4: ~~5a.~~4. Member States ~~or,~~may inlay ~~accordance~~down ~~with~~rules anto ~~international~~ensure ~~agreement~~that the contribution to ~~which~~costs associated with the ~~Union~~exercise isof apowers ~~contracting~~and ~~party,~~responsibilities ~~third~~by ~~countries~~the ~~shall~~recognised ~~inform~~producer group is compulsory for all producers of the ~~Commission,~~product designated by 31that ~~March~~geographical ofindication, ~~each~~operating ~~year,~~in ofthe ~~every~~geographical ~~decision~~area referred to ~~grant,~~in ~~refuse~~the orproduct ~~annul~~specification. ~~recognition~~The ofcontribution ashall ~~producer~~be ~~group~~proportionate ~~taken~~to ~~during~~the volume or value of the ~~previous~~marketable ~~calendar~~production ~~year.~~of the product bearing that geographical indication.

Change 44

Removed:Article 33 a (new): 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.

Added:Article 33 – paragraph 5: 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.

Removed:Article 34 – paragraph 1: 1. Top-level domain name registries operating in the Union shall, ex-officio or upon the request of a natural or legal person having a legitimate interest or rights, revoke or transfer a domain name registered under such 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.

Added:Article 33 – paragraph 5 a (new): 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.

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Removed:Article 34 – paragraph 2: 2. Top-level 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.

Added:Article 33 a (new): 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.

Added:Article 33 b (new): 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.

Added:Article 34 – paragraph 1: 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.

Added:Article 34 – paragraph 2: 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.

Change 45

Changed:Article 34 – paragraph 3: 3. The Commission shall be empowered to adopt delegated acts in accordance with Article 84 supplementing this Regulation by provisions ~~entrusting EUIPO~~on tothe ~~establish~~establishment and ~~manage~~management by EUIPO of a domain name information and alert system that would provide the ~~applicant,~~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 ~~may~~shall be ~~empowered~~empowered, under ~~those~~the delegated acts referred to ~~monitor~~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 ~~top-level~~ domain names and ~~the~~ EURid, operating in the Union, to provide EUIPO with the relevant information and ~~data.~~data, and, to that end, to establish a collaboration with EUIPO.

Change 46

Removed:Article 35 – paragraph 1 – subparagraph 1 a (new): 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.

Added:Article 35 – title: Relationship between trade marks and geographical indications

Added:Article 35 – paragraph 1: 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.

Added:Article 35 – paragraph 1 a (new): 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.

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Added:Article 35 – paragraph 3: 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.

Change 47

Changed:Article 37 – paragraph 2: 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 ~~or vendor~~ shall appear in the same field of vision as the Union symbol. / The country of origin of a primary ~~ingredient~~ingredient, within the meaning of Article 2(2), point (q), of Regulation (EU) No 1169/2011, which is not the same as the ~~given~~ country of origin of the geographical indication shall be ~~indicated~~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.~~countries, if defined as such under public international law; / ~~The~~(iii) ~~labelling~~FAO ~~requirements~~Fishing ~~laid~~area, ~~down~~or insea ~~Article~~or ~~13(1)~~freshwater ofbody ~~Regulation~~if ~~(EU)~~defined Noas ~~1169/2011~~such ~~for~~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 ~~presentation~~country of ~~mandatory~~origin ~~particulars~~or ~~shall~~place ~~apply~~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.~~indication)’; or / (ii) …

Change 48

Changed:Article 37 – paragraph 5 – subparagraph 1: Where 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,~~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.

Change 49

Removed:~~Article 37 – paragraph 6: deleted~~

Added:Article 37 – paragraph 5 – subparagraph 1 a (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.

Added:Article 37 – paragraph 6: 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.

Added:Article 37 – paragraph 7: deleted

Change 50

Removed:Article 37 – paragraph 12: 12. The Commission shall be empowered to adopt delegated acts, in accordance with Article 94, supplementing this Regulation by establishing the Union symbols for geographical indications.

Added:Article 37 – paragraph 10 – point b: (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.

Removed:Article 37 – paragraph 12 a (new): 12a. The Commission may adopt implementing acts setting out the technical characteristics of the Union symbols for geographical indications as well as the rules on their use and the use of the indications and abbreviations on products marketed under a registered geographical indication, including rules concerning the appropriate linguistic versions to be used. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 53(2).

Added:Article 38 – paragraph 2 – introductory part: 2. For the purposes of this Chapter, controls mean:

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Added:Article 38 – paragraph 2 – point b: (b) monitoring of the use of geographical indications in the market, including in electronic commerce .

Added:Article 38 – paragraph 3: 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.

Added:Article 39 – paragraph 1: 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.

Change 51

Changed:Article 39 – paragraph 3 – introductory part: 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:

Change 52

Removed:Article 42 – paragraph 3: 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 in their territory and that contravenes the protection of geographical indications provided for in Article 27 and Article 28.

Added:Article 39 – paragraph 7: 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.

Added:Article 41 – paragraph 1 – point a: (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

Added: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.

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Added:Article 41 – paragraph 1 – point b: deleted

Added:Article 41 – paragraph 2: 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.

Added: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.

Added:Article 42 – paragraph 2: 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.

Added:Article 42 – paragraph 3: 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.

Added:Article 42 – paragraph 3 a (new): 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.

Change 53

Changed:Article 43 – paragraph 1: 1. Sale of goods to which persons established in the Union have access, that contravenes Articles 27 and ~~28,~~28 of this Regulation, shall be considered illegal content within the meaning of Article 2, point (g) of Regulation (EU) ~~2022/ ...~~2022/2065 of the European Parliament and of the Council46 . / 46 Regulation (EU) ~~2022/ ...~~2022/2065 of the European Parliament and of the Council of ~~[…]~~19 October 2022 on a Single Market For Digital Services ~~(DSA)~~ and amending Directive 2000/31/EC (Digital Services Act) (OJ L ~~…, XXX,~~277, ~~dd/mm/yyyy,~~27.10.2022, p. ~~X).~~1).

Change 54

Changed:Article 43 – paragraph 3: 3. Pursuant to Article 14 of Regulation (EU) ~~2022/ ... ,~~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.

Change 55

Removed:Article 43 – paragraph 3 a (new): 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.

Change 56

Removed:Article 45 – paragraph 1: 1. A producer, processor or producer group 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, including by digital means, of eligibility to produce the product designated by the geographical indication concerned.

Added:Article 45 – title: Certificates of compliance with product specifications

Added:Article 45 – paragraph 1: 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.

Added:Article 45 – paragraph 2: 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.

Change 57

Changed:Article 47 – paragraph 1 – introductory part: 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, inat ~~particular:~~least:

Change 58

Added:Article 47 – paragraph 1 – point a: deleted

Added:Article 47 – paragraph 1 – point b: (b) quality of technical support;

Added:Article 47 – paragraph 1 – point c: deleted

Added:Article 47 – paragraph 1 – point e a (new): (ea) access to information on the Union register of geographical indications.

Change 59

Changed:Article 48 – paragraph 3 – ~~point~~introductory a:part: ~~(a)~~3. Without prejudice to the rules referred to in Article 5(2), agricultural products that byare ~~their~~contrary ~~nature~~to ~~cannot~~public policy and that may not be ~~traded~~placed ~~within~~on the internal market ~~and~~shall ~~can~~be ~~only~~excluded befrom ~~consumed~~being inthe orsubject ~~near~~of ~~their~~a ~~place~~protected designation of ~~manufacture;~~origin or a protected geographical indication.

Change 60

Added:Article 48 – paragraph 3 – point a: deleted

Added:Article 48 – paragraph 3 – point b: deleted

Added:Article 48 – paragraph 5: 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.

Added:Article 48 – paragraph 6: deleted

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Added:Article 48 – paragraph 7: 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.

Change 61

Added:Article 50 – paragraph 2 a (new): 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.

Added:Article 50 – paragraph 2 b (new): 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.

Added:Article 50 – paragraph 3: 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) .

Added:Article 50 – paragraph 3 a (new): 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.

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Added:Article 51 – paragraph 1 – point e: (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;

Added:Article 51 – paragraph 2: 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.

Added:Article 51 – paragraph 3: 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.

Added:Article 52 – paragraph 1 – point a: (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;

Added:Title III – title: Other quality schemes

Added:Article 54 – paragraph 2 – subparagraph 2: 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.

Added:Article 55 – paragraph 3 a (new): 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.

Added:Article 55 – paragraph 5: (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.

Added:Article 56 – paragraph 1 – point a: (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;

Change 62

Changed:Article 60 – paragraph 2: 2. ~~The~~Subject to paragraph 3, the scrutiny ~~should~~period shall not exceed afive ~~period~~months from the submission of ~~five~~the ~~months.~~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~~extended, the Commission shall inform the applicant in writing of the reasons for the delay inand ~~writing.~~of the date on which the scrutiny period is expected to end.

Change 63

Added:Article 60 – paragraph 3: 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.

Added:Article 61 – paragraph 1: 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.

Change 64

Removed:~~Article 68 – paragraph 1 – point b: (b) where no product is placed on the market under the traditional speciality guaranteed for at least five years.~~

Added:Article 62 – paragraph 3: (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.

Added:Article 63 – paragraph 1 – point a: (a) gives duly substantiated and pertinent reasons for the incompatibility of the proposed registration with the provisions of this Chapter; or

Added:Article 68 – paragraph 1 – point a: (a) where the product specification is not complied with;

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Added:Article 69 – paragraph 4: (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.

Added:Article 72 – paragraph 1 a (new): 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;

Added: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.

Added:Article 72 – paragraph 1 b (new): 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.

Added:Article 73 – paragraph 10: 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.

Added:Article 75 – paragraph 2: 2. By ... [one year after the 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 65

Added:Regulation (EU) 1308/2013

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

Change 66

Changed:Article 81 – paragraph 1 – point 1 ab (new), Article 93 – paragraph 4: ~~(1a)~~(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.’;

Change 67

Changed:Article 81 – paragraph 1 – point 1 bc (new), Article 93 – paragraph 5: ~~(1b)~~(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 68

Removed:Article 81 – paragraph 1 – point 3 a (new), Article -106 a (new): (3a) The following Article is inserted: / ‘Article -106a / Union symbols, indications and abbreviations / 1. The following Union symbols designed to mark and publicise designations of origin and geographical indications shall be established: / (a) a symbol identifying protected designations of origin of wine; and / (b) a symbol identifying protected geographical indications of wine. / 2. In the case of products that are marketed under a designation of origin or a geographical indication, the Union indications 'protected designation of origin' or 'protected geographical indication' shall appear on the labelling of wine, respectively. / 3. The Union symbols established pursuant to paragraph 1 and the Union abbreviations 'PDO' or 'PGI' may appear on the labelling and advertising material of the product marketed under a designation of origin or a geographical indication, as the case may be. / 4. 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 product marketed under a designation of origin or a geographical indication, as the case may be. / 5. The following may also appear on the labelling: / (a) depictions of the geographical area of origin referred to in the product specification; and / (b) text, graphics or symbols referring to the Member State and the region in which that geographical area of origin is located. / 6. By way of derogation from paragraph 2, the reference to the …

Added:Article 81 – paragraph 1 – point 2, Article 94 – paragraph 2: 2. The product specification may contain sustainability undertakings within the meaning of Article 94a.

Change 69

Removed:Article 81 – paragraph 1 – point 3 b (new), Article 113: (3 b) 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.’.

Added:Article 81 – paragraph 1 – point 2 a (new), Article 94 a (new): (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 designatio…

Change 70

Removed:Article 81 – paragraph 1 – point 3 c (new), Article 113 a (new): (3c) 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.’;

Added:Article 81 – paragraph 1 – point 2 a (new), Article 94 b (new): 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).’;

Change 71

Changed:Article 81 – paragraph 1 – point ~~3 d (new), Article 119: (3d)~~3, Article ~~119 is amended as follows: / (a)~~95: in(3) ~~paragraph~~Articles 1,95 ~~point~~to ~~(b)~~99 isare deleted; ~~/ (b) paragraph 3 is deleted.~~

Change 72

Added:Regulation (EU) No 1308/2013

Removed:~~Regulation (EU) 2017/1001~~

Added:Article 81 – paragraph 1 – point 3 a (new), Article 100: (3 a) Article 100 is replaced by the following: / 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 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. / (deleted) / 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; /…

Removed:~~Article 82, Article 151 – paragraph 1: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)~~

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Added:Regulation (EU) No 1308/2013

Removed:Article 84 – paragraph 2: 2. The power to adopt delegated acts referred to in Article 14(2), Article 19(10), Article 23(7), Article 26(6), Article 34(3), 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 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 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 three months before the end of each period.

Added:Article 81 – paragraph 1 – point 3 b (new), Article 102: (3b) Articles 102 and 103 are replaced by the following: / 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. / (deleted) / 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 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 a…

Added:Regulation (EU) No 1308/2013

Added:Article103

Added:Article 81 – paragraph 1 – point 3 b (new): (deleted) / 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 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; / (deleted) / (deleted) / (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 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; / 2a. Paragraph 1 shall also apply to a domain name containing or consisting of the registe…

Added:Regulation (EU) No 1308/2013

Added:Articles 104 to 107

Added:Article 81 – paragraph 1 – point 3 c (new): (3c) Articles 104 to 106 and Article 107 are deleted;

Added:Regulation (EU) 1308/2013

Added:Article 81 – paragraph 1 – point 3 d (new), Article 113 – paragraph -1 (new): (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.’;

Added:Regulation (EU) 1308/2013

Added:Article 81 – paragraph 1 – point 3 e (new), Article 113 a (new): (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.’;

Added:Regulation (EU) No 1308/2013

Added:Article 81 – paragraph 1 – point 3 f (new), Article 120 – paragraph 1 – point g a (new): (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.’.

Added:Regulation (EU) 2019/787

Added:Article 83 – paragraph 1 – point 1 a (new), Article 13 – paragraph 4 a (new): (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.’;

Added: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.

Added:Regulation (EU) 2019/787

Added:Article 83 – paragraph 1 – point 4 a (new), Annex I – point 9 a (new): (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.’;

Added: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.

Added:Regulation (EU) 2019/787

Added:Article 83 – paragraph 1 – point 4 b (new), Annex I – point 13 a (new): (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.’;

Added: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.

Added:Article 84 – paragraph 2: 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.

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

Added:31.1.2023