[ParlTrack]

Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 2

~~However, the quality scheme set out in Title III of this Regulation shall not apply to unprocessed agricultural products.~~deleted

2011/05/11
Committee: AGRI

Michel DANTIN, Agnès LE BRUN

Proposal for a regulation
Article 3 – point 2

2) Group: ‘group’ means any association, irrespective of its legal form, mainly composed of ~~producers or~~operators who produce, process or~~s working with the sam~~ produce and process the product;

2011/05/11
Committee: AGRI

Michel DANTIN, Agnès LE BRUN

Proposal for a regulation
Article 3 – point 6 a (new)

6a) ‘production step’ means one of the following: production, processing or preparation.

2011/05/11
Committee: AGRI

Michel DANTIN, Agnès LE BRUN

Proposal for a regulation
Article 5 – paragraph 1 – point a – subpoint iii

(iii) the production ~~steps~~, processing and preparation of which ~~all~~ take place in the defined geographical area;

2011/05/11
Committee: AGRI

Michel DANTIN, Agnès LE BRUN

Proposal for a regulation
Article 5 – paragraph 1 – point b – subpoint iii

(iii) at least one of the essential production steps of which take place in the defined geographical area.

2011/05/11
Committee: AGRI

Michel DANTIN, Agnès LE BRUN

Proposal for a regulation
Article 5 – paragraph 2 a (new)

2a. Notwithstanding point (b) of paragraph 1, certain names shall be treated as geographical indications where the raw materials for the products concerned come from a wider geographical area, provided that: (a) the production area of the raw materials is defined, and contiguous with the zone of processing; (b) special conditions exist that justify the enlargement of the production area of the raw materials; these conditions must be detailed in the registration application; (c) there are inspection arrangements to ensure that the requirements of points (a) and (b) are adhered to. In very exceptional cases, duly substantiated in the registration application, a raw material sourcing area need not be specified for certain products with a geographical indication. The Commission may, by means of delegated acts, and after having informed the representatives of the sectors concerned, adopt derogations regarding the steps of production which shall take place in the defined geographical area or regarding the provenance of raw materials, when the application for product registration is made.

2011/05/11
Committee: AGRI

Michel DANTIN, Agnès LE BRUN

Proposal for a regulation
Article 5 – paragraph 3

3. In order to take into account the specificities related to certain sectors or areas, the Commission may, by means of delegated acts, adopt restrictions and derogations regarding ~~the~~: – specific steps ofin production ~~which shall~~that must take place in the defined geographical area, or ~~regarding the sourcing of raw material~~– the localisation of certain steps in production in the defined geographical area, or – the sourcing of raw materials; These restrictions and derogations shall, on the basis of objective criteria, take into account quality, usage and recognised know-how, specific natural factors and the development of disadvantaged areas.

2011/05/11
Committee: AGRI

Michel DANTIN, Agnès LE BRUN

Proposal for a regulation
Article 6 – paragraph 4 a (new)

4a. A designation shall in all events be registered: – where a trade mark is registered as an exclusive geographical name, contains a geographical name, or evokes one using adjectives and derivatives, or – where a trademark has been registered as an extension under different categories of a principal trademark, but is not being used or is being used by a smaller group than the one applying for the designation.

2011/05/11
Committee: AGRI

Michel DANTIN, Agnès LE BRUN

Proposal for a regulation
Article 7 – paragraph 1 – point d

(d) evidence that the product originates in the defined geographical area referred to in point (a) or (b) of Article 5(1) and 5(3) ;

2011/05/11
Committee: AGRI

Michel DANTIN, Agnès LE BRUN

Proposal for a regulation
Article 7 – paragraph 1 a (new)

1a. In order to help preserve the quality and reputation of products, the product specification may contain special measures to protect natural resources or the countryside in the areas of production, or to improve animal welfare.

2011/05/11
Committee: AGRI

Michel DANTIN, Agnès LE BRUN

Proposal for a regulation
Article 9 – paragraph 1

A Member State may, on a transitional basis only, grant protection to a name, or agree to an amendment to the product specification, under this Regulation at national level, with effect from the date on which an application is lodged with the Commission.

2011/05/11
Committee: AGRI

Michel DANTIN, Agnès LE BRUN

Proposal for a regulation
Article 11 – paragraph 3

3. The Commission may, by means of implementing acts without the assistance of the Committee referred to in Article 54, lay down the form and content of the register. The register shall contain, at a minimum, the single document, the product specification and the Commission acts of approval.

2011/05/11
Committee: AGRI

Michel DANTIN, Agnès LE BRUN

Proposal for a regulation
Article 12 – paragraph 1

1. Protected designations of origin and protected geographical indications may be used by any operator marketing a product conforming to the corresponding specification and control plan.

2011/05/11
Committee: AGRI

Michel DANTIN, Agnès LE BRUN

Proposal for a regulation
Article 13 – paragraph 1 – point a

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

2011/05/11
Committee: AGRI

Michel DANTIN, Agnès LE BRUN

Proposal for a regulation
Article 14 – paragraph 1– subparagraph 1

1. Where a designation of origin or a geographical indication is registered under this Regulation, the ~~registration of~~application to register a trade mark the use of which would contravene Article 13 ~~and which relates to a same type of product~~ shall be refused if theat application ~~for registration of the trade mark~~ is submitted after the date of submission of the registration application to the ~~Commission~~Member State concerned.

2011/05/11
Committee: AGRI

Michel DANTIN, Agnès LE BRUN

Proposal for a regulation
Article 14 – paragraph 2

2. Without prejudice to Article 6(4), a trade mark the use of which contravenes Article 13 which has been applied for, registered, or established by use, if that possibility is provided for by the legislation concerned, in good faith within the territory of the European Union, before the date on which the application for protection of the designation of origin or geographical indication is submitted to the ~~Commission~~Member State concerned, may continue to be used and renewed for that product notwithstanding the registration of a designation of origin or geographical indication, provided that no grounds for its invalidity or revocation exist under Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark or under Directive 2008/95/EC. In such cases, the use of the protected designation of origin or protected geographical indication shall be permitted as well as use of the relevant trade marks.

2011/05/11
Committee: AGRI

Michel DANTIN, Agnès LE BRUN

Proposal for a regulation
Article 14 – paragraph 3

3. The provisions of paragraphs 1 and 2 shall apply notwithstanding the provisions of Directive 2008/95/EC.

2011/05/11
Committee: AGRI

Michel DANTIN, Agnès LE BRUN

Proposal for a regulation
Article 18 – paragraph 1 – introductory part

1. A name shall be eligible for registration as a traditional speciality guaranteed where it describes a specific product that results from a mode of production and composition corresponding to traditional practice for that product. A name shall also be eligible for registration as a traditional speciality guaranteed where it describes a specific processed product that:

2011/05/11
Committee: AGRI

Michel DANTIN, Agnès LE BRUN

Proposal for a regulation
Article 19 – paragraph 1 – point a a (new)

(aa) the scope of the demand for recognition as a traditional speciality guaranteed;

2011/05/11
Committee: AGRI

Michel DANTIN, Agnès LE BRUN

Proposal for a regulation
Article 23 – paragraph 1

1. A name registered as a traditional speciality guaranteed may be used by any operator marketing a product conforming to the corresponding specification. and its control plan.

2011/05/11
Committee: AGRI

Michel DANTIN, Agnès LE BRUN

Proposal for a regulation
Article 23 – paragraph 3 – subparagraph 1

3. In the case of the products originating in the Union marketed under a traditional speciality guaranteed registered in accordance with this Regulation the symbol referred to in paragraph 2 shall, without prejudice to paragraph 4, appear on the labelling. In addition, ‘traditional speciality guaranteed’, or the corresponding abbreviation ‘TSG’, may also appear on the labelling.

2011/05/11
Committee: AGRI

Michel DANTIN, Agnès LE BRUN

Proposal for a regulation
Article 23 – paragraph 3 – subparagraph 3

~~The symbol referred to in paragraph 2 may be supplemented or replaced by the indication ‘traditional speciality guaranteed’.~~deleted

2011/05/11
Committee: AGRI

Michel DANTIN, Agnès LE BRUN

Proposal for a regulation
Article 28 – paragraph 1 – point c

~~(c) cancel an optional quality term.~~deleted

2011/05/11
Committee: AGRI

Michel DANTIN, Agnès LE BRUN

Proposal for a regulation
Article 29 a (new)

Article 29a Products of mountain farming 1. The term ‘product of mountain farming’, established as an optional quality term, may only be used to describe products intended for human consumption listed in Annex I to the Treaty that contain raw materials that come from mountain areas. In addition, if the term is applied to processed products, such processing must also take place in mountain areas. The raw materials used in animal feed must also come primarily from mountain areas. 2. For the purposes of this article, ‘mountain areas’ within the European Union are those areas within the meaning of Article 18(1) of Council Regulation (EC) No 1257/1999 of 17 May 1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) and amending and repealing certain Regulations1. For products of third countries, ‘mountain areas’ shall include areas that are officially designated as such by third countries, or that fulfil criteria equivalent to those set out in Article 18(1) of Regulation (EC) No 1257/1999. 3. The Commission shall be empowered to adopt delegated acts in accordance with Article 53 laying down derogations from the conditions of use referred to in paragraph 1 in duly justified cases and in order to take into account natural constraints affecting agricultural production in mountain areas. _______ 1 OJ L 160, 26.6.1999, p. 80.

2011/05/11
Committee: AGRI

Michel DANTIN, Agnès LE BRUN

Proposal for a regulation
Title IV a (new)

Title IVa LOCAL AGRICULTURE AND DIRECT SALES Article 31a Objective A system for local agriculture and direct sales is established in order to help producers market their products and inform consumers of their value-adding characteristics, and thus promote the development of the local economy. Article 31b Indication and symbol 1. A European symbol and the words ‘produce from my farm’ are established in order to promote and provide information on local produce marketed as direct sales. 2. The terms that appear in Annex IIa may be used for the labelling and advertising of products that comply with the requirements laid down under this Title, or in accordance with the provisions of this Title. 3. In order to ensure appropriate information for consumers, the Commission shall, by means of delegated acts, define the characteristics of form, colour, size and design associated with the European symbol, as well as the conditions for its reproduction and use. Article 31c Conditions for using the indication and symbol 1. The Member States shall determine the conditions for using the indication and symbol referred to in Article 34, by taking account of the system’s objectives, existing agricultural practices and structures, and one or more of the following types of marketing: (a) sales of own production to consumers directly from the holding or in its immediate vicinity, including in a farmers market or other common sales points used by farmers; (b) sales of own production by means of direct delivery to consumers of the produce of the holding or holdings taking part in the system. 2. The Member States may add other criteria, particularly with a view to targeting this system towards small holdings, the volume of production or the product’s traditional character. 3. In cases where the wording ‘produce from my farm’ or the wording in Annex II conflict with names already used in existing national rules, or it is likely to mislead consumers, the Member State concerned may permit the use of one or more alternative forms of wording. These terms should first be communicated to the Commission and accepted by it. Article 31d How the system works 1. Member States shall: (a) establish and administer the procedures for identifying the producers taking part in the local agriculture system and direct sales; (b) forward to the Commission a statement showing that the national system complies with the requirements laid down under this Title, or is in accordance with the provisions of this Title; (c) make accessible and available on a public Internet site the national list of producers using the symbol or indication, in accordance with a model provided by the Commission; (d) undertake to carry out checks, based on a risk analysis, to ensure that the products comply with the requirements laid down under this Title and, if they do not, to apply the appropriate administrative sanctions. 2. The Commission shall set up an Internet site providing links to the national Internet sites referred to in paragraph 1, point ( c). 3. The Commission may, by implementing acts without the assistance of the Committee referred to in Article 54, adopt more detailed rules on the accessibility and harmonisation of the information available on the Internet sites referred to in paragraph 1(c) and paragraph 2.

2011/05/11
Committee: AGRI

Michel DANTIN, Agnès LE BRUN

Proposal for a regulation
Article 35 – paragraph 1

Member States shall inform the Commission on the names and addresses of the competent authorities referred to in Article 33. The Commission shall make public the name and address of those authorities. Member States shall undertake checks, based on a risk analysis, to ensure compliance with the requirements of this Regulation and, in the event of breaches, shall apply appropriate administrative penalties.

2011/05/11
Committee: AGRI

Michel DANTIN, Agnès LE BRUN

Proposal for a regulation
Article 42 – paragraph 1 – point a

(a) contribute to ensuring that the quality, the reputation and the authenticity of their products is guaranteed on the market by monitoring the use of the name in trade and, if necessary, informing competent authorities as referred to in Article 33, or any other competent authority within the framework of Article 13(3);

2011/05/11
Committee: AGRI

Michel DANTIN, Agnès LE BRUN

Proposal for a regulation
Article 42 – paragraph 1 – point a a (new)

(aa) take action to ensure adequate legal protection for the protected designation of origin or the protected geographical indication and other relevant intellectual property rights;

2011/05/11
Committee: AGRI

Michel DANTIN, Agnès LE BRUN

Proposal for a regulation
Article 42 – paragraph 1 – point a b (new)

(ab) apply, only if their representativeness complies with the requirements laid down in Article 125f or Article 125k of Regulation (EC) No 1234/2007, for an authorisation from its Member State with regard to defining the rules laying down the conditions whereby the name of a PDO or IGP can be used in the sales description of a prepared or processed foodstuff, in accordance with Article 13(1);

2011/05/11
Committee: AGRI

Michel DANTIN, Agnès LE BRUN

Proposal for a regulation
Article 42 – paragraph 1 – point d a (new)

(da) apply for an authorisation from its Member State to establish a system for managing its production. With regard to that system, in order to create better conditions for the stability and functioning of the market for PDO and PGI products, Member States may establish rules on adjusting supply to demand in the cases where the groups responsible for the PDO and PGI formally introduce such a demand. Such management of supply systems shall not harm competition in the internal market, constitute a barrier for new entrants on the market, or lead to small producers being adversely affected. The Commission shall be notified and may revoke at any time the authorisation of the Member States.

2011/05/11
Committee: AGRI

Michel DANTIN, Agnès LE BRUN

Proposal for a regulation
Article 42 – paragraph 1 a (new)

The Member States shall inform the Commission, which shall make them public, the names and addresses of the groups referred to in Article 3(2), and update them periodically.

2011/05/11
Committee: AGRI

Michel DANTIN, Agnès LE BRUN

Proposal for a regulation
Article 53 – paragraph 1 – subparagraph 1

1. The powers to adopt the delegated acts referred to in this Regulation shall be conferred on the Commission for an indeterminate period of time. Before initiating any procedure for adoption of a delegated act pursuant to this Regulation, the Commission shall first inform the representatives of the sectors concerned.

2011/05/11
Committee: AGRI

Michel DANTIN, Agnès LE BRUN

Proposal for a regulation
Article 53 – paragraph 1 – subparagraph 2

As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament ~~and to the Council~~, to the Council and to the representatives of the sectors concerned.

2011/05/11
Committee: AGRI

Michel DANTIN, Agnès LE BRUN

Proposal for a regulation
Article 53 – paragraph 3 – subparagraph 1

3. The European Parliament and the Council may object to a delegated act within a period of two months from the date of notification. At the initiative of the European Parliament or the Council thisat period shall be extended by twohree months.

2011/05/11
Committee: AGRI

Michel DANTIN, Agnès LE BRUN

Proposal for a regulation
Annex I – part I – indent 10 a (new)

– vegetable oils of agricultural origin for cosmetic purposes,

2011/05/11
Committee: AGRI

Michel DANTIN, Agnès LE BRUN

Proposal for a regulation
Annex I – part I – indent 17 a (new)

– ready-to-eat meals,

2011/05/11
Committee: AGRI

36 Amendments of Agnès LE BRUN related to 2010/0353(COD)

ParlTrack - 2011-2024