67 Amendments of Ivo HRISTOV related to 2022/0089(COD)
Amendment 124 #
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on European Union geographical indicationquality schemes 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
Amendment 132 #
Proposal for a regulation
Recital 5
Recital 5
(5) Citizens and consumers in the Union increasingly demand quality as well as traditionalnd/or traditional products or ones which have other specific qualities attributable both to their origin and to their manner or place of productsion. They are also concerned to maintain the diversity of agricultural production in the Union. This generates a demand for wine, spirit drinks and agricultural products with identifiable specific characteristics, in particular those linked to their geographical origin.
Amendment 146 #
Proposal for a regulation
Recital 12
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 shcould be encouraged to adhere to sustainability standards that are more stringent than the mandatory ones and go beyond good practice. Such specific requirements could be set out in the product specification.
Amendment 154 #
Proposal for a regulation
Recital 17
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 EU languages. This information should include, where applicable, the information on the identity of the producer group recognised at national level.
Amendment 156 #
Proposal for a regulation
Recital 19
Recital 19
(19) To establish whether products are comparable to the products registered as a geographical indication, account should be taken of all relevantobjective factors. Those should include whether the products have common objective characteristics, such as method of production, physical appearance or use of the same raw material; under which circumstances the products are utilised from the point of view of the relevant public; whether they are frequently distributed through the same channels; and whether they are subject to similar marketing rules.
Amendment 164 #
Proposal for a regulation
Recital 26 a (new)
Recital 26 a (new)
(26а) In order to enhance the recognition and protection of products with geographical indications, Member States should take the necessary steps or measures to suspend or not to renew trademarks or other marks for agricultural products, foodstuffs and beverages protected prior to the entry into force of this Regulation, but relating to types of products falling within the scope of this Regulation;
Amendment 166 #
Proposal for a regulation
Recital 30
Recital 30
(30) The use of Union symbols or indications on the packaging of products designated by a geographical indication should be made obligatory in order to make this category of products, and the guarantees attached to them, better known to consumers and to permit easier identification of these products on the market, thereby facilitating checks. However, in view of the specific nature of products covered by this Regulation, special provisions concerning labelling should be maintained for wine and spirit drinks. The use of such symbols or indications should remain voluntary for third country geographical indications and designations of origin.
Amendment 183 #
Proposal for a regulation
Recital 45
Recital 45
(45) As only a few names have been registered,The current provisions of the current scheme for traditional specialities guaranteed has failed to realise its potential. Current provisions should therefore be improved, clarified and sharpened in order to make the scheme more understandable, operational and attractive to potential applicants. To ensure that names of genuine traditional products are registered, the criteria and conditions for registration of a name should be adapted, in particular by remowaiving the condition that traditional specialities guaranteed have a specific character.
Amendment 184 #
Proposal for a regulation
Recital 46
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.
Amendment 188 #
Proposal for a regulation
Recital 53 a (new)
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 should satisfy in order to be able to use the optional quality term ‘farmer’s product’.
Amendment 189 #
Proposal for a regulation
Recital 53 b (new)
Recital 53 b (new)
(53b) The Commission should collect and publish, by 1 March each year, information on the use of the optional quality terms under this Regulation, which should include, at a minimum, the countries in which the term is being introduced and the number of registered producers for the quality term concerned.
Amendment 202 #
Proposal for a regulation
Recital 58 a (new)
Recital 58 a (new)
(58а) In order to have a fuller and better view of the scope and developments of Union quality schemes for agricultural products, foodstuffs, wines and spirits, the Commission should, by 1 March of each year, publish information on the implementation of the quality schemes for products with geographical indications. That information should contain, as a minimum, statistics on the number of users of each PDO/PGI/TSG product for the previous calendar year, the number of PDO/PGI/TSG products protected and sold in third countries with which the Union has an agreement on the protection of geographical indication products, and information on the number of geographical indication products from third countries marketed in the Union. The national and/or regional competent authorities shall cooperate with the Commission in preparing this information for the previous calendar year by sending the necessary information by 1 February each year at the latest.
Amendment 203 #
Proposal for a regulation
Recital 60 a (new)
Recital 60 a (new)
(60а) In the case of products for which a European 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 entry into force of this Regulation, applicants for protection should be entitled to continue and complete the procedure on which they have started.
Amendment 212 #
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) gProtected Designations of Origin (PDO) and Protected Geographical iIndications (PGI) for wine, spirit drinks and agricultural products.agricultural products and foodstuffs and Geographical Indications of spirit drinks;
Amendment 216 #
Proposal for a regulation
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) tTraditional sSpecialities gGuaranteed (TSG) and optional quality terms for agricultural products.
Amendment 220 #
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) ‘applicant producer group’ means any association, irrespective of its legal form, mainly composed of producers or processors of the same product that holds or will hold the Geographical Indication;
Amendment 231 #
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) ‘traditional’ and ‘tradition’, associated with a product originating in a geographical area, means proven historical usage by producers in a community for a period that allows transmission between generations; this period is to be at least 30 years and the said usage may embrace modifications necessitated by changing hygiene and safety practices or other practices responding to trends in consumer behaviour, such as a reduced use of preservatives;
Amendment 239 #
Proposal for a regulation
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) ‘production step’ means any stage of production, processing, preparation or ageing, up to the point where tactivity from the procurement of raw materials to the obtention of a finished product ias in a form to be placdefined oin the internal marketits specification;
Amendment 245 #
Proposal for a regulation
Article 2 – paragraph 1 – point i a (new)
Article 2 – paragraph 1 – point i a (new)
(ia) geographical indication’, unless otherwise stated, means designations of origin and geographical indications of wine, as defined in Article 93 of Regulation (EU) No 1308/2013, designations of origin and geographical indications of agricultural products, as defined in Article 48of this Regulation and geographical indications of spirit drinks, as defined in Article 3(4) of Regulation (EU) 2019/787, that are applied for or entered in the Union register of geographical indications referred to in Article 23
Amendment 246 #
Proposal for a regulation
Article 2 – paragraph 1 – point i b (new)
Article 2 – paragraph 1 – point i b (new)
(ib) ‘wine’ means the products referred to in Part II, points 1, 3 to 6, 8, 9, 11, 15 and 16 of Annex VII to Regulation (EU) No 1308/2013;
Amendment 247 #
Proposal for a regulation
Article 2 – paragraph 1 – point i c (new)
Article 2 – paragraph 1 – point i c (new)
Amendment 248 #
Proposal for a regulation
Article 2 – paragraph 1 – point i d (new)
Article 2 – paragraph 1 – point i d (new)
(id) ‘agricultural products’ means products referred to in Article 5(1) excluding wine and spirit drinks;
Amendment 249 #
Proposal for a regulation
Article 2 – paragraph 1 – point i e (new)
Article 2 – paragraph 1 – point i e (new)
(ie) ‘combined nomenclature’ means the goods nomenclature established by Article 1 of Regulation (EEC) No 2658/87;
Amendment 250 #
Proposal for a regulation
Article 2 – paragraph 1 – point i f (new)
Article 2 – paragraph 1 – point i f (new)
(if) ‘recognised producer group’ means a formal association having legal personality and recognised by the competent national authorities as the sole group to act on behalf of all producers;
Amendment 251 #
Proposal for a regulation
Article 2 – paragraph 1 – point i g (new)
Article 2 – paragraph 1 – point i g (new)
(ig) ‘producer’ means an operator engaged in any production step of a product protected by a geographical indication, covered by the product specification;
Amendment 310 #
Proposal for a regulation
Article 8 – paragraph 3 – point b
Article 8 – paragraph 3 – point b
(b) the geographical area concerned is defined by natural features or historical tradition without reference to property boundaries and has characteristics which differ appreciably from those of neighbouring areas or the characteristics of the product are different from those produced in neighbouring areas.
Amendment 321 #
Proposal for a regulation
Article 9 – paragraph 7 a (new)
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
Amendment 335 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. A recognised producer group may agree on sustainability undertakings to be adhered to in the production of the product designated by a geographical indication. Such undertakings shall aim to apply a sustainability standard higher than mandated by Union or national law and go beyond good practice in significant respects in terms of social, environmental or economic undertakings. Such undertakings shall be specific, shall take account of existing sustainable practices employed for products designated by geographical indications, and may refer to existing sustainability schemes. For the purposes of this Article, sustainability means sustainability as set out in Article 210(3) (a) of Regulation (EU) No 1308/2013.
Amendment 340 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The sustainability undertakings referred to in paragraph (1) shallmay be included in the product specification or developed in separate initiatives.
Amendment 344 #
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
Amendment 348 #
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
Amendment 384 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Scrutiny should not exceed a period of 6 months. In the event that the scrutiny period exceeds or is likely to exceed 6 months the Commission shall inform the applicant of the reasons for the delay in writing and specify the date on which it expects the scrutiny to end.
Amendment 385 #
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. The Commission may seek supplementary information from the applicant, which should be done within 3 months of the submission of the application to the Commission via the electronic system.
Amendment 397 #
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
Amendment 417 #
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
4. The Commission shall check the admissibility of the opposition. If the Commission considers that the opposition is admissible, it shall, within 5 months from the date of publication in the Official Journal of the European Union invite the authority or the person that lodged the opposition and the authority or the applicant producer group that lodged the application to engage in appropriate consultations for a reasonable period that shall not exceed 32 months. At any time during that period, the Commission may, at the request of the authority or the applicant producer group, extend the deadline for the consultations by a maximum of 3 months.
Amendment 432 #
Proposal for a regulation
Article 19 – paragraph 10
Article 19 – paragraph 10
10. The Commission shall be empowered to adopt delegated acts, in accordance with Article 84 supplementing this Regulation by detailed procedures and deadlines for the opposition procedure, for the official submission of comments by national authorities and persons with a legitimate interest, which will not trigger the opposition procedure and by rules on entrusting its tasks set out in this Article to EUIPO.
Amendment 438 #
Proposal for a regulation
Article 20 – paragraph 1 – point c
Article 20 – paragraph 1 – point c
(c) the registration of the proposed geographical indication would jeopardise the existence of an entirely or partly identical name or of a trade mark or the existence of products which have been legally on the market for at least 5 years preceding the date of the publication provided for in Article 17(4) .
Amendment 444 #
Proposal for a regulation
Article 23 – paragraph 3
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 mayshall be entered in the Union register of geographical indications. The Commission shall register such geographical indications by means of implementing acts adopted in accordance with the examination procedure referred to in Article 53(2). As regards wine and agricultural products, unless specifically identified in those agreements as protected designations of origin, the names of such products shall be entered in the Union register of geographical indications as protected geographical indications.
Amendment 446 #
Proposal for a regulation
Article 23 – paragraph 5
Article 23 – paragraph 5
5. The Commission shall make public and regularly update the list of the international agreements referred to in paragraph (3) as well as, at least once each year, the list of geographical indications protected under those agreements.
Amendment 454 #
2. Where a producer group has been recognised by the national authorities in accordance with Article 33, that group shall be identified as the rights' holdepresentative of producers of thea product designated by a geographical indication in the Union register of geographical indications and in the official extract referred to in paragraph (1).
Amendment 482 #
Proposal for a regulation
Article 25 – paragraph 10
Article 25 – paragraph 10
Amendment 494 #
Proposal for a regulation
Article 26 – paragraph 6
Article 26 – paragraph 6
Amendment 540 #
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
Amendment 584 #
Proposal for a regulation
Article 33 a (new)
Article 33 a (new)
Amendment 597 #
Proposal for a regulation
Article 36 – paragraph 1
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 or an equivalent to the latter, in the case of third countries, an equivalent to the correspondent product specification.
Amendment 599 #
Proposal for a regulation
Article 36 – paragraph 1
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 or an equivalent to the latter, as recognised by an official body.
Amendment 606 #
Proposal for a regulation
Article 37 – paragraph 3
Article 37 – paragraph 3
Amendment 608 #
Proposal for a regulation
Article 37 – paragraph 4
Article 37 – paragraph 4
4. The Union symbol for protected geographical indications established pursuant to paragraph (1) mayshall be used in the description, presentation and labelling of spirit drinks the names of which are geographical indications.
Amendment 610 #
Proposal for a regulation
Article 37 – paragraph 5 – subparagraph 1
Article 37 – paragraph 5 – subparagraph 1
Where wine, agricultural products or spirit drinks are designated by a geographical indication the indications ‘protected designation of origin’ or ‘protected geographical indication’ shall appear on the labelling of wine, the indications ‘protected designation of origin’ or ‘protected geographical indication’ mayshall appear on the labelling of agricultural products and the indication ‘geographical indication’ mayshall appear on the labelling of spirit drinks, respectively.
Amendment 612 #
Proposal for a regulation
Article 37 – paragraph 5 – subparagraph 2
Article 37 – paragraph 5 – subparagraph 2
The abbreviations ‘PDO’ or ‘PGI’, corresponding to the indications ‘protected designation of origin’ or ‘protected geographical indication’, mayshall appear on the labelling of wine and of agricultural products designated by a geographical indication.
Amendment 622 #
Proposal for a regulation
Article 37 – paragraph 12 a (new)
Article 37 – paragraph 12 a (new)
12a. Indications, abbreviations and symbols referring to the quality schemes may only be used in connection with products produced in conformity with the rules of the quality scheme to which they apply. This applies in particular to the following indications, abbreviations and symbols: protected designation of origin’, ‘protected geographical indication’, ‘geographical indication’, ‘PDO’, ‘PGI’, and the associated symbols. On the initiative of the Commission or on its behalf, finance, on a centralised basis, administrative support concerning the development, preparatory work, monitoring, administrative and legal support, legal defence, registration fees, renewal fees, trade mark watching fees, litigation fees and any other related measure required to protect the use of the indications, abbreviations and symbols referring to the quality schemes from misuse, imitation, evocation or any other practice liable to mislead the consumer, within the Union and in third countries.
Amendment 629 #
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
1. Member States shall draw up and, keep up to date and publish a list of producers of products designated by a geographical indication entered in the Union register of geographical indications originating in their territory.
Amendment 657 #
Proposal for a regulation
Article 45 – title
Article 45 – title
45 Certificates of authorisation to producecompliance with product specifications
Amendment 662 #
Proposal for a regulation
Article 46
Article 46
Amendment 672 #
Proposal for a regulation
Article 47 – paragraph 1 – point a
Article 47 – paragraph 1 – point a
Amendment 676 #
Proposal for a regulation
Article 47 – paragraph 1 – point b
Article 47 – paragraph 1 – point b
Amendment 680 #
Proposal for a regulation
Article 47 – paragraph 1 – point c
Article 47 – paragraph 1 – point c
Amendment 684 #
Proposal for a regulation
Article 47 – paragraph 1 a (new)
Article 47 – paragraph 1 a (new)
1a. By 1 March of each year at the latest, the Commission shall publish information on the implementation of the quality schemes for products with geographical indications for the previous calendar year. This information should contain at least: (a) statistics on the number of users and producers of each PDO/PGI/TSG product, for the previous calendar year; (b) the number of PDO/PGI/TSG products protected and sold in third countries with which the Union has an agreement on the protection of products with geographical indications; (c) the number of products with geographical indications from third countries that are marketed in the Union. In the preparation of this information, the national and/or regional competent authorities shall cooperate with the Commission by sending the necessary information by 1 February each year at the latest.
Amendment 692 #
Proposal for a regulation
Article 48 – paragraph 6
Article 48 – paragraph 6
Amendment 700 #
Proposal for a regulation
Article 50 – paragraph 3 a (new)
Article 50 – paragraph 3 a (new)
3a. The Commission shall be empowered to adopt delegated acts in accordance with Article 84 concerning restrictions and derogations with regard to the sourcing of feed in the case of a designation of origin.
Amendment 701 #
Proposal for a regulation
Article 50 – paragraph 3 b (new)
Article 50 – paragraph 3 b (new)
3b. The Commission shall be empowered to adopt delegated acts in accordance with Article 84 concerning restrictions and derogations with regard to the slaughtering of live animals or with regard to the sourcing of raw materials. These restrictions and derogations shall, based on objective criteria, take into account quality or usage and recognised know-how or natural factors.
Amendment 718 #
Proposal for a regulation
Article 60 – paragraph 2
Article 60 – paragraph 2
2. The scrutiny should not exceed a period of 6 months. In the event that the scrutiny period exceeds or is likely to exceed 6 months the Commission shall inform the applicant of the reasons for the delay in writing and specify the date on which it expects the scrutiny to end.
Amendment 719 #
Proposal for a regulation
Article 60 – paragraph 3
Article 60 – paragraph 3
3. The Commission may seek supplementary information from the applicant, and this should be within 3 months of the submission of the application to the Commission via the electronic system.
Amendment 732 #
Proposal for a regulation
Article 75 – paragraph 2
Article 75 – paragraph 2
2. TWithin one year of the entry into force of this Regulation, the Commission mayshould establish and provide support for a digital system for the inclusion of the terms and schemes referred to in paragraph 1 with a view to fostering knowledge of the products and schemes across the Union. The Commission may adopt implementing acts laying down technical details, necessary for the notification of the optional quality terms. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 80(2) .
Amendment 733 #
Proposal for a regulation
Article 76 – paragraph 1 – point а
Article 76 – paragraph 1 – point а
(a) they relate to a characteristic of one or more categories of products, or to a farming or processing attribute which applies in specific areas or to specific type of producers;
Amendment 734 #
Proposal for a regulation
Article 78 a (new)
Article 78 a (new)
Article 78а Farmer’s product 1. The term ‘farmer’s product’ is established as an optional quality term. This term shall only be used to describe products intended for human consumption listed in Annex I to the Treaty in respect of which: (a) both raw materials and feedingstuffs for farmed animals come mainly from the farm to a farmer, in accordance with the definition of farmer in the national legislation of the Member States which decide to introduce the use of this term; (b) in the case of processed products, processing shall also be carried out by a farmer in accordance with the definitions of farmer in the national legislation of the Member States which decide to use this term. 2. In duly justified cases, the Commission shall be empowered to adopt delegated acts in accordance with Article 84 laying down derogations from the conditions of use referred to in paragraph 1 of this Article, in particular the conditions under which raw materials or feedstuffs are permitted to come from outside the farmer’s holding and the conditions under which processing of the products is permitted to take place outside the holding.
Amendment 735 #
Proposal for a regulation
Article 79 – paragraph 3 a (new)
Article 79 – paragraph 3 a (new)
3a. The Commission shall prepare and publish, by 1 March each year, a report on the use of the optional quality terms introduced in accordance with this Regulation, which should include, at a minimum, an indication of the countries in which the term is being introduced and the number of registered producers for the quality term concerned.