What changed between the draft committee report and the plenary report

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 EUIPOon tothe establishestablishment and managemanagement 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 mayshall be empoweredempowered, under thosethe delegated acts referred to monitorin 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 merged with Article 31)

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.

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.

Article 36 – paragraph 1: A registered geographical indication may be used by any operator marketing a product conforming to the corresponding product specification or single document.

Article 37 – paragraph 1 – point a: (a) a symbol identifying protected designations of origin of agricultural products; and

Article 37 – paragraph 1 – point b: (b) a symbol identifying protected geographical indications of agricultural products and geographical indications of spirit drinks.

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 ingredientingredient, 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 indicatedmarked: / (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) labellingFAO requirementsFishing laidarea, downor insea Articleor 13(1)freshwater ofbody Regulationif (EU)defined Noas 1169/2011such forunder 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 presentationcountry of mandatoryorigin particularsor shallplace applyof 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) …

Article 37 – paragraph 3: 3. By way of derogation from paragraph (2), in the case of spirit drinks originating in the Union that are marketed under a geographical indication, Union symbols may be omitted from the labelling and advertising material of the product concerned.

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

Article 37 – paragraph 9: 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:

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.

Article 39 – paragraph 2: 2. Producers are responsible for ensuring compliance with the product specification of products designated by geographical indications before the product is placed on the market.

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.

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.

Article 42 – paragraph 4: 4. The authority designated in accordance with paragraph 1 shall cooperate with the producer groups concerned and coordinate enforcement of geographical indications among relevant departments, agencies and bodies, including police, anti-counterfeiting agencies, customs, intellectual property offices, food law authorities and retail inspectors.

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.

Article 44 – paragraph 2: 2. The Commission shall adopt implementing acts detailing the nature and the type of the information to be exchanged and the methods for exchanging information for the purpose of controls and enforcement under this Chapter. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 53(2).

Article 44 – paragraph 4: 4. In case of a possible violation of protection conferred to a geographical indication, Member States shall take measures to facilitate the transmission, from law enforcement authorities, market surveillance authorities, public prosecutors, public authorities on domain names and judicial authorities, to the competent authorities referred in Article 39(3) of information on such possible violation.

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.

Article 46: deleted / (deleted) / (deleted)

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.

Article 47 – paragraph 2: 2. No later than two years after the first delegation of any tasks to EUIPO, the Commission shall prepare and submit a report to the European Parliament and to the Council on the results and experience of the exercise of these tasks by EUIPO.

Change 59

Changed:Article 48 – paragraph 3 – pointintroductory a:part: (a)3. Without prejudice to the rules referred to in Article 5(2), agricultural products that byare theircontrary natureto cannotpublic policy and that may not be tradedplaced withinon the internal market andshall canbe onlyexcluded befrom consumedbeing inthe orsubject nearof theira placeprotected 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

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.