Activities of Claude GRUFFAT related to 2022/0089(COD)
Plenary speeches (2)
Geographical Indications for wine, spirit drinks and agricultural products (debate)
Geographical Indications for wine, spirit drinks and agricultural products (debate)
Shadow reports (1)
REPORT 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
Amendments (54)
Amendment 125 #
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on European Union quality schemes including 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
Amendment 135 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) Given the high rate of use of pesticides in the wine sector, sustainability standards in the wine sector should contribute to address biodiversity loss in particular, in line with the Biodiversity strategy and the Farm to Fork goals of a 50% reduction in the use and risk of chemical pesticides and a 50% reduction in the use of more hazardous pesticides. This legislative framework on geographical indications should encourage producers’ collective action to reduce their pesticide use and broader environmental impact, as well as to increase quality of their wines.
Amendment 138 #
Proposal for a regulation
Recital 9
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 unitary 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 permits 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 constraints, such as mountain areas and the most remote regions, where the farming sector accounts for a significant part of the economy and production costs are high. In this way, quality schemes are able to contribute to and complement rural development policy as well as market and income support policies of the CAP. In particular, they may contribute to the developments in the farming sector and, especially, disadvantaged areas. A Union framework that protects geographical indications by providing for their inclusion in a register at Union level facilitates the development of the agricultural sector, since the resulting, more uniform approach ensures fair competition between the producers of products bearing such indications and enhances the credibility of the products in the consumers’ eyes. The system of geographical indications aims at enabling consumers to make more informed purchasing choices and, through labelling and advertising, helping them to correctly identify their products on the market. Geographical indications, being a type of intellectual property right, help operators and companies valorise their intangible assets. To avoid creating unfair conditions of competition and to sustain the internal market, any producer, including a third country producer, should be able to use a registered name and market products designated as geographical indications throughout the Union and in electronic commerce, provided that the product concerned complies with the requirements of the relevant specification and that the producer is covered by a system of controls. In light of the experience gained from the implementation of Regulations (EU) No 1308/2013, (EU) 2019/787 and (EU) No 1151/2012 of the European Parliament and of the Council27 , there is a need to address certain legal issues, to clarify and simplify some rules and to streamline the procedures. _________________ 27 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 (OJ L 343, 14.12.2012, p. 1).
Amendment 196 #
Proposal for a regulation
Recital 56
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 defining sustainability standards and laying down criteria for the recognition of existing sustainability standards; clarifying or adding items to be supplied as part of accompanying information; entrusting the EUIPO with the tasks related to scrutiny for opposition and the opposition procedure, operation of the register, publication of standard amendments to a product specification, consultation in the context of cancellation procedure, establishment and management of an alert system informing applicants about the availability of their geographical indication as a domain name, scrutiny of third country geographical indications other than geographical indications under the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications34 , proposed for protection pursuant to international negotiations or international agreementsoperation of the register, establishment and management of an alert system informing applicants about the availability of their geographical indication as a domain name; establishing appropriate criteria for monitoring performance of the EUIPO in the execution of the tasks entrusted to it; laying down additional rules on the use of geographical indications to identify ingredients in processed products; laying down additional rules for determining the generic status of terms; 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 apply in respect of product certification bodies; laying down additional rules to further detail protection of traditional specialities guaranteed; laying down for traditional specialities guaranteed additional rules for determining the generic status of terms, conditions for use of plant variety and animal breed denominations, and relation to intellectual property rights; defining additional rules for joint applications concerning more than one national territory and complementing the rules of the application process for traditional specialities guaranteed guaranteed; complementing the rules for the opposition procedure for traditional specialities guaranteed to establish detailed procedures and deadlines; supplementing the rules regarding the amendment application process for traditional specialities guaranteed; supplementing the rules regarding the cancellation process for traditional specialities guaranteed; laying down detailed rules relating to the criteria for optional quality terms; reserving an additional optional quality term, laying down its conditions of use; laying down derogations to the use of the term ‘mountain product’ and establishing the methods of production, and other criteria relevant for the application of that optional quality term, in particular, laying down the conditions under which raw materials or feedstuffs are permitted to come from outside the mountain areas. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making35 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 34 https://www.wipo.int/publications/en/detai ls.jsp?id=3983 35 OJ L 123, 12.5.2016, p. 1.
Amendment 206 #
Proposal for a regulation
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
This Regulation on quality schemes lays down the rules on:
Amendment 211 #
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) geographical indications for wine, spirit drinks and agricultural products.
Amendment 224 #
(a) ‘producer group’ means any association, irrespective of its legal form, mainly composed of producers or processors of the same product, and which shall include consumer representatives or consumer groups;
Amendment 233 #
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) ‘traditional’ and ‘tradition’, in the Scope of Title III Chapter I, 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;
Amendment 255 #
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
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 ensuring the following:
Amendment 256 #
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) producers acting collectively have the necessary powers and responsibilities to manage their geographical indication, including to respond to societal demands for products resulting from sustainable production in its three dimensions of economic, environmental, animal health and welfare, and social value, and to operate in the market;
Amendment 261 #
Proposal for a regulation
Article 4 – paragraph 1 – point b a (new)
Article 4 – paragraph 1 – point b a (new)
(ba) fair repartition of the added value of products benefitting from a geographical indication along the supply chain, in order to guarantee a fair income to producers and ensure their capacity to invest in the quality and the sustainability of their products
Amendment 278 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. This Title covers wine, spirit drinks and agricultural products, including foodstuffs and fishery and aquaculture products, listed under Chapters 1 to 23 of the combined nomenclature set out in Annex I to Council Regulation (EEC) No 2658/8743 , and the additional agricultural products under the combined nomenclature headings and codes set out in Annex I to this Regulation. _________________ 43 Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).
Amendment 287 #
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) ‘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 48 of 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 288 #
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
Amendment 295 #
Proposal for a regulation
Article 7 – paragraph 1 – point f
Article 7 – paragraph 1 – point f
(f) ‘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, and fulfilling the requirements of Article 33 paragraphs 1 and 2;
Amendment 301 #
Proposal for a regulation
Article 8 – paragraph 1
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. Regional or local public bodies and non- governmental organisations such as consumer groups may help in the preparation of the application and in the related procedure.
Amendment 313 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The Member State shall scrutinise the application for registration in order to check that it meets the conditions for registration of the respective provisions for wine, spirit drinks or agricultural products as appropriate.
Amendment 324 #
Proposal for a regulation
Article 11 – paragraph 1 – point a
Article 11 – paragraph 1 – point a
Amendment 333 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
Amendment 337 #
Proposal for a regulation
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
1a. Sustainability standards shall be based on existing sustainable practices employed in the production of products designated by a geographical indication, or on sustainable practices supported by scientific evidence. Producers shall undertake an audit within each geographical indication in order to identify sustainable practices which may be shared and replicated, through advisory services and through the development of a network for the exchange of best practices in sustainability, financed under the CAP strategic plans.
Amendment 349 #
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. The Commission shall be empowered to adopt delegated acts in accordance with Article 84 defining sustainability standards in different sectors and laying down criteria for the recognition of existing sustainability standards to which producers of products designated by geographical indications may adhere. The Commission shall adopt definitions of sustainability standards and recognition criteria for existing sustainability standards relating to animal-based products by June 2024.
Amendment 360 #
Proposal for a regulation
Article 13 – paragraph 1 – point a
Article 13 – paragraph 1 – point a
Amendment 365 #
Proposal for a regulation
Article 14 – paragraph 1 – point c – point i
Article 14 – paragraph 1 – point c – point i
Amendment 390 #
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. Where, based on the scrutiny 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.
Amendment 395 #
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
Amendment 412 #
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. An opposition shall claim that the application could infringe the conditions laid down in this Regulation, Regulations (EU) No 1308/2013 or (EU) 2019/787, as appropriate, and give reasons. An opposition that does not contain the said claim shall be void.
Amendment 429 #
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 437 #
Proposal for a regulation
Article 20 – paragraph 1 – point a
Article 20 – paragraph 1 – point a
(a) the proposed geographical indication does not comply with the definition of the geographical indication or with the requirements referred to in this Regulation, Regulation (EU) No 1308/2013 or Regulation (EU) 2019/787 as the case may be;
Amendment 443 #
Proposal for a regulation
Article 23 – paragraph -1 (new)
Article 23 – paragraph -1 (new)
-1. The EUIPO shall be responsible for the operation of the electronic register of geographical indications protected under this Regulation, in full respect of the provisions of this Regulation.
Amendment 451 #
Proposal for a regulation
Article 23 – paragraph 7
Article 23 – paragraph 7
7. The Commission shall be empowered to adopt delegated acts in accordance with Article 84 supplementing this Regulation by rules on entrusting EUIPO tothe implementation and operateion of the Union register of geographical indications by the EUIPO.
Amendment 467 #
Proposal for a regulation
Article 25 – paragraph 3 – point a
Article 25 – paragraph 3 – point a
(a) includes a change in the name, or in the use of the name, or, for wine and spirit drinks, in the category of product or products designated by the geographical indication, or, for spirit drinks, in the legal name; or
Amendment 479 #
Proposal for a regulation
Article 25 – paragraph 10
Article 25 – paragraph 10
Amendment 497 #
Proposal for a regulation
Article 26 – paragraph 6
Article 26 – paragraph 6
Amendment 548 #
Proposal for a regulation
Article 32 – paragraph 1
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, and consumer groups, as specified by the national authorities and according to the nature of the product concerned. Member States shall verify that the producer group operates in a transparent and democratic manner, in particular via rules enabling the producer members to scrutinise democratically their organisation and its decisions as well as its accounts and budgets, and that all producers of the product designated by the geographical indication enjoy right of membership in the group. Member States mayshall provide that public officialconsumer groups, and other stakeholders such as consumer grouppublic officials, retailers and suppliers, also participate in the works of the producer group.
Amendment 558 #
Proposal for a regulation
Article 32 – paragraph 2 – point c
Article 32 – paragraph 2 – point c
(c) agree sustainability undertakings, complementary and contributing to producers' agroecological strategies to combat climate change, whether or not included in the product specification or as a separate initiative, including arrangements for verification of compliance with those undertakings and assuring adequate publicity for them notably in an information system provided by the Commission;
Amendment 568 #
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. Upon a request of producer groups fulfilling the conditions of paragraph 32 of this Article, Member States shall designate, in accordance with their national law, one producer group as recognised producer group for each geographical indication originating in their territory that is registered or is subject to an application for registration or for product names that are a potential subject for application for registration.
Amendment 578 #
Proposal for a regulation
Article 33 – paragraph 4
Article 33 – paragraph 4
Amendment 592 #
Proposal for a regulation
Article 34 – paragraph 2 a (new)
Article 34 – paragraph 2 a (new)
2a. The EUIPO shall be responsible for the establishment and management of a domain name information and alert system, that would provide the applicant, 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
Amendment 594 #
Proposal for a regulation
Article 34 – paragraph 3
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 toon the establishment and management by EUIPO of a domain name information and alert system that would provide the applicant, 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. That delegated act shall also include the obligation for registries of country-code top-level domain names, established in the Union, to provide EUIPO with the relevant information and data.
Amendment 598 #
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.
Amendment 663 #
Proposal for a regulation
Article 46
Article 46
Amendment 675 #
Proposal for a regulation
Article 47 – paragraph 1 – point a
Article 47 – paragraph 1 – point a
(a) the extent of integration of agricultural factors in the scrutiny process;
Amendment 689 #
Proposal for a regulation
Article 48 – paragraph 4
Article 48 – paragraph 4
Amendment 696 #
Proposal for a regulation
Article 48 – paragraph 7 a (new)
Article 48 – paragraph 7 a (new)
7a. The Commission shall be empowered to adopt delegated acts in accordance with Article 84 concerning guidelines, per product category, for minimum standards in the use of chemical additives, including nitrites and nitrates, in order to inform the development of quality product specifications and their coherent interpretation and implementation. These guidelines shall, based on objective criteria, take into account the impact of the use of additives on food quality and preservation of characteristics inherent in the agricultural product, as well as the impact of the use of additives on health.
Amendment 697 #
Proposal for a regulation
Article 50 – paragraph 2 a (new)
Article 50 – paragraph 2 a (new)
2a. Specific rules on the sourcing and composition of feed, pursuant to paragraph 1 and 2 of this Article, shall be included within the product specification and shall be justified with respect to the link referred to in Article 51(1), point (f).
Amendment 698 #
Proposal for a regulation
Article 50 – paragraph 3
Article 50 – paragraph 3
3. Any restrictspecific provisions ton 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) .
Amendment 704 #
Proposal for a regulation
Article 51 – paragraph 1 – point f a (new)
Article 51 – paragraph 1 – point f a (new)
(fa) as regards meat products the name of which is registered as a designation of origin, the breed(s), place of birth, rearing and slaughter of the animal, origin and composition of feed and grazing, and method of farming/farming practices
Amendment 705 #
2. The product specification may also include sustainability undertakings, relating to environmental, social and/or laboral dimensions of sustainability, and undertakings related to animal welfare at all stages of life.
Amendment 716 #
Proposal for a regulation
Article 57 – paragraph 1
Article 57 – paragraph 1
1. Applications for the registration of a traditional speciality guaranteed may only be submitted by groups of producers of products with the name to be protected. Several groups from different Member States or third countries may lodge a joint application for registration. Other interested parties, including regional or local public bodies and regional or local consumer groups, may help in the preparation of the application and in the related procedure.
Amendment 736 #
Proposal for a regulation
Article 81 – paragraph 1 – point 1
Article 81 – paragraph 1 – point 1
Regulation (EU) 1308/2013
Article 93 – paragraph 1 – point b
Article 93 – paragraph 1 – point b
Amendment 747 #
Proposal for a regulation
Article 81 – paragraph 1 – point 2
Article 81 – paragraph 1 – point 2
Regulation (EU) 1308/2013
Article 94
Article 94
Amendment 754 #
Proposal for a regulation
Article 81 – paragraph 1 – point 2 a (new)
Article 81 – paragraph 1 – point 2 a (new)
Regulation (EU) 1308/2013
Article 94 a (new)
Article 94 a (new)
(2a) Article 94a Sustainability undertakings 1. A producer group may agree on sustainability undertakings to be adhered to in the production of the wine protected with 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, animal health and welfare, or economic undertakings. Such undertakings shall be specific, and shall complement and contribute to producers' broader agroecological strategies to combat climate change. Such undertakings shall take account of existing sustainable practices employed for products designated by geographical indications, including those listed in the framework of the audit undertaken as per paragraph 1a, and may refer to existing sustainability schemes. 1a. Sustainability standards shall be based on existing sustainable practices employed in the production of wine, or on sustainable practices supported by scientific evidence. Producers shall undertake an audit within each geographical indication in order to identify sustainable practices which may be shared and replicated, through advisory services and through the development of a network for the exchange of best practices in sustainability, financed under the national CAP strategic plans via the support programs in the wine sector under Chapter II, Section IV of Regulation 1308/2013 and via the rural development interventions under Articles 77 and 78 of the Regulation 2021/2115, which concern Cooperation and Knowledge exchange and dissemination of information. 2. The sustainability undertakings referred to in paragraph 1 shall be included in the product specification. 3. The sustainability undertakings referred to in paragraph 1 shall be without prejudice to requirements for compliance with hygiene, safety standards and competition rules. 4. The Commission shall be empowered to adopt delegated acts in accordance with Article 84 defining sustainability standards in for the wine sector and laying down criteria for the recognition of existing sustainability standards to which producers of products designated by geographical indications may adhere. The Commission shall adopt definitions of sustainability standards and recognition criteria for existing sustainability standards relating to wine by June 2024. 5. The Commission may adopt implementing acts defining a harmonised presentation of sustainability undertakings. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 53(2).
Amendment 760 #
Proposal for a regulation
Article 81 – paragraph 1 – point 3
Article 81 – paragraph 1 – point 3
Amendment 801 #
Proposal for a regulation
Article 84 – paragraph 2
Article 84 – paragraph 2
2. The power to adopt delegated acts referred to in Article 12(4), Article 14(2), Article 15(6), Article 17(5), Article 19(10), Article 23(7), Article 25(10), Article 26(6), Article 28(3), Article 29(3), Article 34(3), Article 46(1), Article 46, 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 7 years from [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 9 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 3 months before the end of each period.