2010/0353(COD)
Agricultural products and foodstuffs: quality schemes
Agricultural products and foodstuffs: quality schemes 2010/0353(COD)
Lead committee dossier: AGRI/7/04858
Legal basis: TFEU TFEU 043-p2 , TFEU TFEU 118-p1
| AGRI | ENVI | IMCO | |
| Lead Rapporteur | GARCÍA PÉREZ Iratxe (S&D) | ||
| Opinion Rapporteur(s) |
Legal basis: TFEU TFEU 043-p2 , TFEU TFEU 118-p1
Procedure completed
2010/0353(COD) Agricultural products and foodstuffs: quality schemes
Lead committee dossier: AGRI/7/04858
Legal Basis TFEU TFEU 043-p2, TFEU TFEU 118-p1
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | AGRI | GARCÍA PÉREZ Iratxe (S&D) | DORFMANN Herbert (EPP), REIMERS Britta (ALDE), SMITH Alyn (Verts/ALE), ASHWORTH Richard (ECR), RUBIKS Alfreds (GUE/NGL), SCOTTÀ Giancarlo (EFD) |
| Opinion | ENVI | ||
| Opinion | IMCO |
Legal Basis TFEU TFEU 043-p2, TFEU TFEU 118-p1
Subjects
Activites
-
2012/12/14
Final act published in Official Journal
-
2012/11/21
Final act signed
-
2012/11/21
End of procedure in Parliament
-
2012/11/13
Act adopted by Council after Parliament's 1st reading
-
2012/10/11
Commission response to text adopted in plenary
- SP(2012)665
- DG {u'url': u'http://ec.europa.eu/dgs/regional_policy/index_en.htm', u'title': u'Regional Policy'}, CIOLOŞ Dacian
-
2012/09/13
Text adopted by Parliament, 1st reading/single reading
-
T7-0344/2012
summary
The European Parliament adopted by 528 votes to 57, with 33 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council on agricultural product quality schemes.. Parliament adopted its position on first reading following the ordinary legislative procedure. The agreement was the result of a compromise negotiated between Parliament and Council. The main amendments are as follows: Subject matter and scope of the Regulation: the amended test stipulates that foodstuffs are also covered by the Regulation. The measures herein are intended to support agricultural and processing activities and the farming systems associated with high quality products, thereby contributing to the achievement of rural development policy objectives. In order to take into account international commitments or new production methods or material, the Commission shall be empowered to adopt delegated acts supplementing the list of products set out in Annex I to this Regulation. Such products shall be closely linked to agricultural products or to rural economy. This Regulation shall not apply to spirit drinks, aromatised wines and grapevine products as defined in Annex XI b of Council Regulation (EC) No 1234/2007 with the exception of wine-vinegars Definitions: the term traditional means proven usage on the domestic market for a period that allows transmission between generations; this period shall be at least 30 years. The text also defines production step which means production, processing or preparation. Criteria applicable to protected designations of origin and protected geographical indications: in order to take into account the specific character of production of products of animal origin, the Commission shall be empowered to adopt delegated acts concerning restrictions and derogations with regard to the sourcing of feed in the case of a designation of origin. In addition, in order to take into account the specific character of certain products or areas, the Commission shall be empowered to adopt delegated acts 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 recognized know-how or natural factors. Generic nature of designations: the text stresses the importance of the need to ensure equitable treatment of the producers concerned and that consumers are not misled. It stipulates that a homonymous name which misleads the consumer into believing that products come from another territory shall not be registered even if the name is accurate as far as the actual territory, region or place of origin of the products in question is concerned. Product specification to be eligible for a protected designation of origin or a protected geographical indication: this shall include, among other things, the name to be protected as a designation of origin or geographical indication, as it is used, whether in trade or in common language, and only in the languages which are or were historically used to describe the specific product in the defined geographical area. Symbols and indications: the amended text specifies that Union symbols associated with products originating in the Union that are marketed under a protected designation of origin shall appear on the labelling. In addition, the registered name of the product should appear in the same field of vision. In addition, the following may also appear on the labelling: depictions of the geographical area of origin and text, graphics or symbols referring to the Member State and/or region in which that geographical area of origin is located. The Commission may adopt implementing acts defining the technical characteristics of the Union symbols and indications as well as the rules of their use on the products marketed under a protected designation of origin or a protected geographical indication, including as to the appropriate linguistic versions to be used. Protection: Member States shall take appropriate administrative and judicial steps to prevent or stop the unlawful use of protected designations of origin and protected geographical indications that are produced or marketed in that Member State . To that end, they shall designate the authorities that are responsible for taking these steps in accordance with procedures determined by each individual Member State. These authorities shall offer adequate guarantees of objectivity and impartiality, and shall have at their disposal the qualified staff and resources necessary to carry out their functions. Traditional specialties guaranteed (TSG): the specific objective of the scheme for traditional specialities guaranteed is to help the producers of traditional products to communicate to consumers the value-adding attributes of their product. In the case of the products originating in the Union that are marketed under a traditional speciality guaranteed that is registered in accordance with this Regulation, the symbol shall appear on the labelling. In addition, the name of the product should appear in the same field of vision. The indication traditional speciality guaranteed or the corresponding abbreviation TSG may also appear on the labelling. Optional quality terms: these must satisfy the following criteria: the term relates to a characteristic of one or more categories of products, or to farming or processing attribute which applies in specific areas; the use of the term adds value to the product as compared with products of a similar type; and the term has a European dimension. Mountain products: the term mountain product is established as an optional quality term. This term shall only be used to describe products intended for human consumption in respect of which: the raw materials and also the feedstuffs for farm animals, come essentially from mountain areas; in the case of processed products, the processing also takes place in mountain areas. Products of island farming, local farming and direct sales: no later than 12 months following the entry into force of this Regulation the Commission shall present reports on: on the case for a new term, product of island farming. The term may only be used to describe products intended for human consumption of which the raw materials come from islands. In addition, for the term to be applied to processed products, such processing must also take place on islands in cases where this substantially affects the particular characteristics of the final product. That report shall, if necessary, be accompanied by appropriate legislative proposals to reserve an optional quality term product of island farming. on the case for a new local farming and direct sales labelling scheme to assist producers in marketing their produce locally. That report shall focus on the ability of the farmer to add value to his produce through the new label, and should take into account other criteria, such as the possibilities of reducing carbon emissions and waste through short production and distribution chains. That report shall, if necessary, be accompanied by appropriate legislative proposals on the creation of a local farming and direct sales labelling scheme. Role of producer groups: in certain well-defined circumstances, producer groups representing a product shall be entitled to: contribute to ensuring that the quality, reputation and authenticity of their products; take action to ensure adequate legal protection of the protected designation of origin or protected geographical indication and of the intellectual property rights that are directly connected with them; take measures to enhance the value of products and, where necessary, take steps to prevent or counter any measures which are or risk being detrimental to the image of those products. Member States may encourage the formation and functioning of groups on their territories by administrative means. Surveillance of the use of the name in the market place: Member States shall carry out checks, based on a risk analysis, to ensure compliance with the requirements of this Regulation and, in the event of breaches, Member States shall take all necessary measures.
- Results of vote in Parliament
-
T7-0344/2012
summary
-
2012/09/12
Debate in Parliament
-
2011/07/12
Committee report tabled for plenary, 1st reading/single reading
-
A7-0266/2011
summary
The Committee on Agriculture and Rural Development adopted the report by Iratxe GARCÍA PÉREZ (S&D, ES) on the proposal for a regulation of the European Parliament and of the Council on agricultural product quality schemes. The committee recommends that the European Parliaments position in first reading following the ordinary legislative procedure should amend the commission proposal as follows: Subject matter: Members stipulate that foodstuffs must also be covered by the proposed regulation. The measures provided are also intended to foster fisheries and aquaculture, and should focus especially on areas in which the farming sector is of greater economic importance and, in particular, on disadvantaged areas. Scope: Members want the quality scheme to apply also to unprocessed agricultural products. Furthermore, the regulation should apply to grape juice, which, as a PDO or PGI, is not included in either the Single CMO, or in Regulation (EC) 510/2006. The committee clarified the text with regards to the Commissions powers to add new products to Annex I. Definitions: Members add to the meaning of the term traditional by stating that the Commission shall establish by means of delegated acts the conditions under which exemptions could be granted in the case of old products and recipes which have been revived in recent times. In these cases, the period will be the one ascribed to one generation, that is, at least 25 years. They also added a definition for production step. Designation of origin: with a view to ensuring that consumers are properly informed, in respect of protected geographical indication products the place of provenance of the agricultural product shall be specified, at least in cases where the place of provenance is not the same as the place in which processing took place. Generic terms: in establishing whether or not a name has become generic, Members state that the translation of the name into each of the official languages of the Union shall be taken into account. A further amendment aims at introducing more coherence with Single Common Market Organization (wine). It is coherent with the extension of protection of wine under the WTO TRIPs Agreement. Product specification: to help contribute to safeguarding the quality and good name of the products, the report states that the product specification may include specific requirements aimed at protecting the natural resources or landscape of the production area or improving the welfare of farm animals. Furthermore, a transitional national period should be available to cover not only the registration of a new PDO or PGI but also the request for the modification of a PDO or a PGI specification. Symbol and indications: in the case of products originating in the Union, marketed under a protected designation of origin or a protected geographical indication, the Union symbols associated with them shall appear on the labelling. In addition, the following may also appear on the labelling: depictions of the geographical area of origin and text, graphics or symbols referring to the Member State and/or region in which that geographical area of origin is located. Only products from third countries and EU countries that have undergone the procedure of examination contained in this regulation ("Reciprocity") should be entitled to bear the same symbols and indications. Protection: Member States shall designate the authorities that are responsible for managing the administrative measures relating to PDOs, PGIs and TSGs in accordance with procedures determined by each individual Member State. Those authorities shall be objective and impartial. They shall also be equipped with staff and resources that are commensurate with these objectives. In order to prevent the marketing in the Union or the export to third countries of products not labelled in conformity with the Regulation, the Commission shall be empowered to adopt delegated acts concerning the definition of the actions to be implemented by Member States in this respect. Temporary derogations for use of PDO and PGI: an amendment aims to integrate the provisions of Council Regulation (EC) No 510/2006 which provide for the granting of a transitional period, not exceeding 5 years, to businesses located in the applicant Member State who made an admissible objection to the application during the domestic consultation stage and who wish to have time to make the necessary adjustments to take account of the fact that the name whose registration they opposed has been protected. Traditional specialities guaranteed (TSG): the scheme for TSG must aim to safeguard and promote traditional methods of production and recipes by assisting producers of traditional product in marketing and communicating the value adding attributes of their traditional recipes and products to consumers. The committee wants Member States, no later than 31 December 2016, to submit to the Commission a list of traditional specialities guaranteed that have been registered in accordance with Regulation (EC) No 509/2006 and that comply with this Regulation. The Commission shall publish the full list in the Official Journal of the European Union. Optional reserved terms: Members consider that the specific provisions relating to optional reserved terms and all articles and recitals relating to these terms and to marketing standards, as well as Annex II must be moved to the proposal for a regulation on marketing standard as to integrate all optional reserved terms in the Single CMO. Member States that already have optional terms shall have the right to retain more restrictive national measures. Mountain product: Members propose to create a term mountain product. This term may only be used to describe products intended for human consumption listed in Annex I to the Treaty of which the raw materials come from mountain areas. In addition, for the term to be applied to processed products, such processing must also take place in mountain area or in certain circumstances in areas in close proximity to the mountains. Products of island farming and local and direct sales: by 30 September 2012, the Commission shall present a report on: · the case for a new term, 'product of island farming'. That report shall, if necessary, be accompanied by appropriate legislative proposals creating the optional quality term 'product of island farming'; · the case for a new local-farming and direct sales labelling scheme to assist producers in marketing their produce locally. That report shall, if necessary, be accompanied by appropriate legislative proposals creating that local and direct sales labelling scheme. Penalties: Member States must carry out checks, based on a risk analysis, to ensure compliance with the requirements of this Regulation and, in the event of breaches, shall impose appropriate administrative penalties. Producer organisations: Members propose that, in certain specified circumstances, a group that is representative for the product is entitled to: · take action to ensure adequate legal protection of the protected denomination of origin or protected geographical indication and of the intellectual property rights directly connected with them; · apply for an authorisation from its Member State to establish a system for managing its production; · take measures to enhance the value of products and, where necessary, take steps to prevent or counter any measures which are or risk being detrimental to the image of those products; Reporting on Guidelines: with regard to the Guidelines on the best practices on voluntary certification schemes and on the labelling of products using PDO-PGI ingredients), Members state that three years after entry into force of the regulation, the Commission shall present a report with a view to establishing whether legislative provisions are necessary.
- AGRI AGRI/7/04858 GARCÍA PÉREZ Iratxe S&D
- ENVI
- IMCO
-
A7-0266/2011
summary
- 2011/06/21 Vote in committee, 1st reading/single reading
- 2011/05/12 Committee of the Regions: opinion
- 2011/05/11 Amendments tabled in committee
- 2011/05/05 Economic and Social Committee: opinion, report
- #3084
-
2011/04/14
Council Meeting
- 2011/04/05 Committee draft report
- 2011/01/18 Committee referral announced in Parliament, 1st reading/single reading
-
2010/12/10
Legislative proposal
-
COM(2010)0733
summary
PURPOSE: to put in place a coherent agricultural product quality policy. PROPOSED ACT: Regulation of the European Parliament and of the Council. BACKGROUND: farmers and producers of agricultural products face competitive pressure resulting from policy reform, globalisation, the concentration of bargaining power in the retail sector, and the state of the economy. At the same time, consumers increasingly look for authentic products produced using specific and traditional methods. The diversity and quality of European Union agricultural production should be an important strength and source of competitive advantage for Union farmers. However, in order for consumers and buyers to be properly informed about the characteristics and farming attributes of agricultural product, they need to receive accurate and trustworthy labelling information. Most tools already exist at European Union level. Since the 1990s, Union agricultural product quality policy has been closely identified with three Union schemes, namely for protected designations of origin (PDOs) and protected geographical indications (PGIs), for organic farming, and for traditional specialities guaranteed (TSG). In addition, Union marketing standards have provided a legislative framework for fair competition and smooth functioning of the market since the inception of the common agricultural policy. Analysis and discussion with stakeholders has shown that these tools may be improved, simplified and made more coherent. In 2007 a major conference was held bringing together all types of quality schemes: 'Food quality certification-adding value to farm produce'. The Conference led to the 2008 Green Paper on agricultural product quality, which elicited over 560 detailed stakeholder responses and provided the input for the Communication on agricultural product quality policy in 2009. In response to this communication, the European Parliament adopted the resolution, 'Agricultural product quality policy: what strategy to follow?' in March 2010. The Quality Package consists of a set of proposals designed to put in place a coherent agricultural product quality policy. It is aimed at assisting farmers to better communicate the qualities, characteristics and attributes of agricultural product, and at ensuring appropriate consumer information. The Quality Package includes: · a proposal for a Regulation of the European Parliament and of the Council on agricultural product quality schemes; · a proposal to modify Regulation (EC) No 1234/2007 (the single Common Market Organisation) concerning marketing standards for agricultural products; · guidelines setting out best practice for the development and operation of certification schemes relating to agricultural products and foodstuffs; · guidelines on the labelling of foodstuffs using Protected Designation of Origin (PDO) and Protected Geographical Indications (PGI) as ingredients. IMPACT ASSESSMENT: concerning geographical indications, the analysis showed strong justification for a Union-level geographical indications scheme and discarded alternatives to a European Union scheme for reasons of low efficiency and effectiveness (including co-regulation and self-regulation by the sector, no action at European Union level, protection through the international Lisbon Agreement , replacement by a notification system for national geographical indications, and protection through the existing Community collective trade mark). The impact assessment identified considerable ground for reducing complexity and facilitating enforcement by merging the agricultural product and foodstuffs scheme with those in the alcoholic beverages sectors, while assuring the specificities of each system. The impact assessment found that merging the instruments for protected designation of origin (PDO) and protected geographical indication (PGI) would diminish the added-value benefits of the PDO identification. Concerning traditional specialities guaranteed, three options were analysed: (i) introducing the term 'traditional' as optional quality term and abolishing the current scheme; (ii) no EU action; (iii) and simplifying the current scheme (allowing only registration with reservation of the name). The impact assessment showed that eliminating the TSG scheme would lead for protected names to loss of the economic and social benefits of EU-wide protection and was found to be unacceptable to stakeholders and to the EU legislator. In social terms, the designations of PDO, PGI and TSG were found to contribute to the continuation of traditional forms of production to the benefit of both producers and consumers. However, both the impact assessments for geographical indications and for traditional specialities guaranteed highlighted the widespread failure of these schemes to attract participation of very small-scale producers, notwithstanding that small-scale producers are often associated with artisanal product, traditional methods and local marketing, the European Union schemes are seen as burdensome in terms of application, necessitate costly controls, and require adherence to a specification. Therefore, further study and analysis will be carried out in order to assess the problems faced by small-scale producers in participating in Union quality schemes. On the basis of the results of this analysis, the Commission may propose appropriate follow-up. LEGAL BASE: Article 43(2), and for Title II also Article 118(1) of the Treaty on the Functioning of the European Union (TFEU). CONTENT: the Quality Package aims to improve the Union legislation in the field of quality, as well as in the operation of national and private certification schemes, in order to make them simpler, more transparent and easier to understand, adaptable to innovation, and less burdensome for producers and administrations The single Regulation for agricultural product quality schemes presents three complementary schemes (designations of origin and geographical indications; traditional specialities guaranteed; optional quality terms) in a single regulatory structure, overseen by a single quality policy committee. A separate Regulation covers the Marketing Standards. 1. Designations of origin and geographical indications, excluding wines, aromatised wines and spirits: the proposal maintains and reinforces the scheme for agricultural products and foodstuffs, but does not bring together the geographical indications schemes for wines, for spirits, or for aromatized wines. In the light of relatively recent reforms of the wine and spirits legislation, at this stage, the schemes should remain distinct. This issue can be reconsidered at a later date. In the meantime, the rules for the scheme for agricultural products and foodstuffs will be converged, where appropriate, to those for wines. The main elements designed to strengthen and simplify the scheme are the following: · recognition of the roles and responsibilities of groups applying for registration of names with regard to monitoring, promotion and communication; · the reinforcement and clarification of the level of protection of registered names and the common Union symbols; · the procedure to register names is shortened; · the respective roles of Member States and groups applying for registration have been clarified with regard to the enforcement of protection of the registered names throughout the European Union, and · the definitions of designations of origin and geographical indications are more closely aligned to international usage. The proposal streamlines the current process of registration of designations of origin and geographical indications by shortening time delays. In addition, certain legal issues are clarified and terminology aligned with the recently adopted legislation on geographical indications for wine. Minimum common rules on official controls to ensure product follows the specification and to ensure correct labelling in the marketplace are also laid down. The scope of the Regulation is maintained (agricultural products for human consumption and certain other products), while dark chocolate is added. 2. Traditional specialities guaranteed: the proposal maintains the scheme for reservation of names of traditional specialities guaranteed across the European Union, but discontinues the option of registering names without reservation. The function of giving publicity, but not protection, to traditional products is best accomplished at national (or regional) level, and European Union action cannot be justified. The renewed European Union scheme for traditional specialities guaranteed is simplified (registration process streamlined by shortening delays, procedures aligned on PDO-PGI ones) and targeted in several respects: (i) the criterion of tradition is extended to 50 years (from 25 years) to reinforce the credibility of the scheme; (ii) the scheme is restricted to prepared meals and processed product; (iii) and definitions and procedural requirements are substantially simplified to improve understanding of the scheme. 3. Optional quality terms: concerning the optional quality terms, which have in common with the quality schemes that they are optional and assist farmers to identify value-adding characteristics and attributes of product in the marketplace, it is proposed to bring these into the present regulation. The optional quality terms are not amended in content, but adapted to the legislative framework of the Treaty on the Functioning of the European Union. Further study and analysis will be carried out in order to assess the problems faced by producers of mountain products in labelling their products on the market. On the basis of the results of this analysis, the Commission may propose appropriate follow-up. BUDGETARY IMPLICATION: none of the European Union schemes have budgetary implications. However, it has been shown necessary for the Commission to take a more active role to protect the names of the quality schemes and the Union symbols, particularly in third countries. To achieve this, additional budgetary resources are necessary. The initial estimate of appropriations necessary for measures in particular for the registration and defence of logos, indications and abbreviations in 3rd countries amounts to EUR 110 000 in 2012 and EUR 150 000 annually as from 2013. The funding foreseen in 2014 and 2015 is subject to the availability of appropriations in these years.
- SEC(2010)1524
- SEC(2010)1525
- DG {u'url': u'http://ec.europa.eu/dgs/regional_policy/index_en.htm', u'title': u'Regional Policy'}, CIOLOŞ Dacian
-
COM(2010)0733
summary
Documents
- Legislative proposal published: COM(2010)0733
- Document attached to the procedure: SEC(2010)1524
- Document attached to the procedure: SEC(2010)1525
- Committee draft report: PE460.980
- Economic and Social Committee: opinion, report: CES0811/2011
- Amendments tabled in committee: PE464.731
- Committee of the Regions: opinion: CDR0014/2011
- Committee report tabled for plenary, 1st reading/single reading: A7-0266/2011
- Decision by Parliament, 1st reading/single reading: T7-0344/2012
- Results of vote in Parliament: Results of vote in Parliament
- Commission response to text adopted in plenary: SP(2012)665
Votes
A7-0266/2011 - Iratxe García Pérez - Amendment 103
2012/09/13
| Position | Total | ALDE | ECR | EFD | GUE/NGL | NI | PPE | S&D | Verts/ALE | correctional |
| For | 87 | 2 | 0 | 2 | 28 | 13 | 1 | 0 | 41 | 0 |
| Against | 517 | 66 | 42 | 17 | 1 | 4 | 221 | 163 | 3 | 1 |
| Abstain | 10 | 1 | 0 | 6 | 1 | 1 | 0 | 1 | 0 | 0 |
A7-0266/2011 - Iratxe García Pérez - Am 103
2012/09/13
| Position | Total | ALDE | ECR | EFD | GUE/NGL | NI | PPE | S&D | Verts/ALE | correctional |
| For | 87 | 2 | 0 | 2 | 28 | 13 | 1 | 0 | 41 | 0 |
| Against | 517 | 66 | 42 | 17 | 1 | 4 | 221 | 163 | 3 | 1 |
| Abstain | 10 | 1 | 0 | 6 | 1 | 1 | 0 | 1 | 0 | 0 |
A7-0266/2011 - Iratxe García Pérez - Résolution législative
2012/09/13
| Position | Total | ALDE | ECR | EFD | GUE/NGL | NI | PPE | S&D | Verts/ALE | correctional |
| For | 528 | 66 | 41 | 20 | 2 | 13 | 222 | 164 | 0 | 1 |
| Against | 57 | 1 | 0 | 0 | 2 | 4 | 3 | 1 | 46 | 0 |
| Abstain | 33 | 0 | 0 | 5 | 26 | 1 | 0 | 1 | 0 | 0 |
A7-0266/2011 - Iratxe García Pérez - Legislative resolution
2012/09/13
| Position | Total | ALDE | ECR | EFD | GUE/NGL | NI | PPE | S&D | Verts/ALE | correctional |
| For | 528 | 66 | 41 | 20 | 2 | 13 | 222 | 164 | 0 | 1 |
| Against | 57 | 1 | 0 | 0 | 2 | 4 | 3 | 1 | 46 | 0 |
| Abstain | 33 | 0 | 0 | 5 | 26 | 1 | 0 | 1 | 0 | 0 |
| Amendments | Dossier |
| 221 |
2010/0353(COD) Agricultural products and foodstuffs: quality schemes
2011/11/05
AGRI
221 amendments...
Amendment 44 #
Proposal for a regulation Recital 1 (1) The quality and diversity of European Union agricultural, fishery and aquaculture production is an important strength and competitive advantage for European Union producers and part of the Union's living cultural and gastronomic heritage. This is due to the skills and determination of European Union farmers and producers who have kept alive traditions while taking into account developments of new production methods and material.
Amendment 45 #
Proposal for a regulation Recital 2 (2) Citizens and consumers in the European Union increasingly demand product of quality as well as traditional products. They are also concerned to maintaining the diversity of the agricultural, fishery and aquaculture production in the European Union. This generates a demand for agricultural products or foodstuffs with an identifiable specificity, in particular for geographical origin.
Amendment 46 #
Proposal for a regulation Recital 4 (4) Assisting producers, by means of the operation of quality schemes, to be rewarded for their efforts to produce a diversity of quality products, can benefit the rural economy. This is particularly the case in less favoured areas and mountain areas, where the farming sector accounts for a significant part of the economy and production costs are high. In this way quality schemes contribute to and complement rural development policy as well as market and income support policies of the common agricultural policy (CAP).
Amendment 47 #
Proposal for a regulation Recital 4 (4) Assisting producers, by means of the operation of quality schemes, to be rewarded for their efforts to produce a diversity of quality products, can benefit the rural economy. This is particularly the case in less favoured areas, and in particular in the most remote regions, where the farming sector accounts for a significant part of the economy. In this way quality schemes contribute to and complement rural development policy as well as market and income support policies of the common agricultural policy (CAP).
Amendment 48 #
Proposal for a regulation Recital 11 (11) The European Union has for some time been pursuing the aim of simplifying the regulatory environment of the CAP. This approach should also be applied to agricultural product quality policy Regulations, without in so doing calling into question the specificity of these products.
Amendment 49 #
Proposal for a regulation Recital 11 (11) The European Union has for some time been pursuing the aim of simplifying the regulatory environment of the CAP. This approach should also be applied to agricultural product quality policy Regulations, with the aim of reducing the red-tape burden on producers.
Amendment 50 #
Proposal for a regulation Recital 18 (18) The specific objectives of protecting designations of origin and geographical indications are for farmers and producers to secure fair return for the qualities
Amendment 51 #
Proposal for a regulation Recital 19 (19) Ensuring uniform respect throughout the Union of the intellectual property rights related to names protected in the Union is a
Amendment 52 #
Proposal for a regulation Recital 20 (20) A Union framework for protection of designations of origin and geographical indications, with their inclusion into a register, permits their development since, by providing a more uniform approach, such a framework ensures fair competition between the producers of products bearing such indications and enhances the credibility of the products in the consumer's eyes. Provision should be made for the development of designations of origin and geographical indications at Union level and the creation of mechanisms for their external protection in the framework of the WTO, within which it is important to secure the recognition, as a factor of value added, of the quality of products and of their model of production.
Amendment 53 #
Proposal for a regulation Recital 28 (28) In view of their specific nature, special provisions as to labelling should be adopted for protected designations of origin and protected geographical indications, requiring producers to use the appropriate Union symbols or indications on packaging. The use of such symbols or indications should be made obligatory in the case of Union names, on the one hand, to make this category of products and the guarantees attached to them better known to consumers and, on the other, to permit easier identification of these products on the market so as to facilitate checks. Taking into account the requirements of the World Trade Organization, the use of
Amendment 54 #
Proposal for a regulation Recital 28 (28) In view of their specific nature, special provisions as to labelling should be adopted for protected designations of origin and protected geographical indications, requiring producers to use the appropriate Union symbols
Amendment 55 #
Proposal for a regulation Recital 36 (36) To ensure that names of genuine traditional products are registered under the scheme,
Amendment 56 #
Proposal for a regulation Recital 39 (39) In order to avoid creating unfair conditions of competition, any producer, including third-country producers, should be able to use a registered name
Amendment 57 #
Proposal for a regulation Recital 41 a (new) (41a) In respect of names registered without reservation of the name pursuant to Regulation (EC) No 509/2006, a procedure should be introduced for replacing those names with names that may be registered and automatically entered in the register with reservation of the name.
Amendment 58 #
Proposal for a regulation Recital 44 a (new) (44a) A second tier of quality systems, based on quality terms which add value such as "product of mountain farming", "produced in Nature 2000 area" or "dairy of pasture-based cows", which can be communicated on the internal market and which are to be applied voluntarily, should be put in place. These optional quality terms should refer to specific characteristics with regard to the product, farming method or processing attribute. The optional quality term "product of mountain farming" has met the conditions up to now and will bring an additional value on the market.
Amendment 59 #
Proposal for a regulation Recital 44 a (new) (44a) A second level of quality systems should be created, based on quality labels conferring value added which can be transmitted within the internal market and applied on a voluntary basis. These voluntary quality labels should refer to specific characteristics of the product, the method of production or an aspect of processing. Optional quality labels of this nature for mountain agricultural products have, to date, fulfilled the requirements and should generate value added on the market. Similar measures should apply to the most remote regions.
Amendment 60 #
Proposal for a regulation Recital 45 (45) With a view to the coherent development of optional quality terms describing specific product characteristics and attributes, provision should be made to confer the Commission the power to reserve an additional term, amend the product coverage or the conditions of use of, or cancel an optional quality term by means of delegated acts. In particular, the Commission, together with the Member States, should in the short term introduce an optional labelling scheme or a logo for ethyl alcohol of agricultural origin specifically identifying agricultural ethyl alcohol that, firstly, has been produced from source raw materials grown in the EU and that, secondly, has greenhouse gas reduction potential of over 60%.
Amendment 61 #
Proposal for a regulation Recital 45 a (new) (45a) A local farming and direct sales scheme should be established that helps producers to market their products and to communicate the value adding attributes thereof to consumers, thereby fostering the development of the local economy.
Amendment 62 #
Proposal for a regulation Recital 57 (57) The role of groups and inter-sectoral organisations should be clarified and recognised.
Amendment 63 #
Proposal for a regulation Recital 57 (57) The role of groups should be clarified and recognised. Groups play an essential role in the application process for the registration of names of designations of origin and geographical indications and traditional specialities guaranteed, including amendments of specifications and cancellation requests. The group can also develop activities related to the surveillance of the enforcement of the protection of the registered names, the compliance of the production with the product specification, the information and promotion of the registered name as well as in general any activity aiming to improve the value of the registered names and effectiveness of the quality schemes.
Amendment 64 #
Proposal for a regulation Recital 57 (57) The role of groups should be clarified and recognised. Groups play an essential role in the application process for the registration of names of designations of origin and geographical indications and traditional specialities guaranteed, including amendments of specifications and cancellation requests. The group can also develop activities related to the surveillance of the enforcement of the protection of the registered names, the compliance of the production with the product specification, the information and promotion of the registered name as well as in general any activity aiming to improve the value of the registered names and effectiveness of the quality schemes, as well as to monitor the position of the products on the market and to regulate this position within prescribed rules. Nevertheless, these activities should not facilitate nor lead to anti-competitive conduct incompatible with Articles 101 and 102 of the Treaty.
Amendment 65 #
Proposal for a regulation Recital 57 (57) The role of groups should be clarified and recognised. Groups play an essential role in the application process for the registration of names of designations of origin and geographical indications and traditional specialities guaranteed, including amendments of specifications and cancellation requests. The group can also develop activities related to the surveillance of the enforcement of the protection of the registered names, the compliance of the production with the product specification, the information and promotion of the registered name as well as in general any activity aiming to improve the value of the registered names and effectiveness of the quality schemes. Groups should also play an active part in managing the amounts supplied for purposes of ensuring market stability and product quality. Nevertheless, these activities should not facilitate nor lead to anti-competitive conduct incompatible with Articles 101 and 102 of the Treaty.
Amendment 66 #
Proposal for a regulation Recital 61 a (new) (61a) In the case of cross-border quality products, the joint registration procedure for protected designations of origin, protected geographical indications and traditional specialities guaranteed should be simplified.
Amendment 67 #
Proposal for a regulation Article 1 – paragraph 1 – subparagraph 2 The measures herein are intended to foster agricultural and processing activities and farming systems associated with high quality products thus contributing to the achievement of rural development policy, with a special focus on areas in which the farming sector is of greater economic importance and, in particular, disadvantaged areas.
Amendment 68 #
Proposal for a regulation Article 1 – paragraph 1 – subparagraph 2 The measures herein are intended to foster agricultural
Amendment 69 #
Proposal for a regulation Article 1 – paragraph 2 – introductory part 2. This Regulation establishes ‘quality schemes’ which provide the basis for the identification and, where appropriate, protection of, names and terms that indicate or describe in particular agricultural, fishery and aquaculture products having:
Amendment 70 #
Proposal for a regulation Article 2 – paragraph 1 – subparagraph 2 Amendment 71 #
Proposal for a regulation Article 2 – paragraph 1 – subparagraph 2 Amendment 72 #
Proposal for a regulation Article 2 – paragraph 1 – subparagraph 2 Amendment 73 #
Proposal for a regulation Article 2 – paragraph 1 – subparagraph 2 Amendment 74 #
Proposal for a regulation Article 3 – point 2 2) Group: ‘group’ means any association, irrespective of its legal form, mainly composed of
Amendment 75 #
Proposal for a regulation Article 3 – point 2 (2) ‘group’ means any association, irrespective of its legal form, mainly composed of operators who produce
Amendment 76 #
Proposal for a regulation Article 3 – point 2 (2) ‘group’ means any association, irrespective of its legal form, mainly composed of producers and/or processors working with the same product
Amendment 77 #
Proposal for a regulation Article 3 – point 2 (2) ‘group’ means any association, irrespective of its legal form, mainly composed of producers or processors working with the same product or of agents who produce or process that product;
Amendment 78 #
Proposal for a regulation Article 3 – point 3 (3) ‘'traditional
Amendment 79 #
Proposal for a regulation Article 3 – point 3 (3)
Amendment 80 #
Proposal for a regulation Article 3 – point 3 (3) ‘traditional’ means proven usage on the domestic market for a time period allowing transmission between generations; this time period should be the one generally ascribed to two generations, that is, at least 50 years
Amendment 81 #
Proposal for a regulation Article 3 – point 3 - paragraph 1 a (new) Notwithstanding this definition, if a traditional method has been revived in its entirety, and the original method dates from more than 50 years ago, it can also be classified as 'traditional';
Amendment 82 #
Proposal for a regulation Article 3 – point 6 - paragraph 1 a (new) Terms and descriptions of products that already exist among the "generic terms" shall be made evident by inclusion in a list.
Amendment 83 #
Proposal for a regulation Article 3 – point 6 a (new) 6a) 'production stage' means any of the following stages: production, processing or finalisation, packaging being excepted;
Amendment 84 #
Proposal for a regulation Article 3 – point 6 a (new) 6a) ‘production step’ means one of the following: production, processing or preparation.
Amendment 85 #
Proposal for a regulation Article 3 – point 6 a (new) (6a) 'production step' means one of the following: production, processing or preparation and labelling;
Amendment 86 #
Proposal for a regulation Article 3 – point 6 a (new) (6a) ‘production steps’ means the production, processing or preparation of a product. A production step is a step in the value chain that according to generally accepted standards is considered to be essential. Packaging is not one of the production steps.
Amendment 87 #
Proposal for a regulation Article 5 – paragraph 1 – point a – subpoint iii (iii) the production
Amendment 88 #
Proposal for a regulation Article 5 – paragraph 1 – point a – subpoint iii (iii) the production, processing and preparation steps of which all take place in the same defined geographical area;
Amendment 89 #
Proposal for a regulation Article 5 – paragraph 1 – point a – subpoint iii (iii) the production, processing and preparation steps of which all take place in the same defined geographical area;
Amendment 90 #
Proposal for a regulation Article 5 – paragraph 1 – point a – subpoint iii (iii) the production
Amendment 91 #
Proposal for a regulation Article 5 – paragraph 1 – point a – subpoint iii (iii) the production steps of which (production, processing and finalisation) all take place in the same defined geographical area;
Amendment 92 #
Proposal for a regulation Article 5 – paragraph 1 – point a – subpoint iii (iii) the production steps of which all take place in
Amendment 93 #
Proposal for a regulation Article 5 – paragraph 1 – point a – subpoint iii (iii) the production
Amendment 94 #
Proposal for a regulation Article 5 – paragraph 1 – point b – subpoint i (i) originating in a specific place, region or, in exceptional cases, country,
Amendment 95 #
Proposal for a regulation Article 5 – paragraph 1 – point b – subpoint i (i) originating
Amendment 96 #
Proposal for a regulation Article 5 – paragraph 1 – point b – subpoint iii (iii) at least one of the production steps of which, that are critical for fulfilling the conditions set out under (ii), takes place in the defined geographical area.
Amendment 97 #
Proposal for a regulation Article 5 – paragraph 1 – point b – subpoint iii (iii)
Amendment 98 #
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.
Amendment 99 #
Proposal for a regulation Article 5 – paragraph 2 a (new) 2a. The current PGIs, all of the steps for the production of which take place in a given territory, as indicated in the specification, and which meet all of the conditions laid down in the definition of DOPs, may be the subject of requests for re-registration as DOPs, on the basis of a simplified procedure laid down in an implementing act adopted by the Commission.
Amendment 100 #
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.
Amendment 101 #
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, on a proposal from the applicant group and by means of delegated acts, adopt
Amendment 102 #
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
Amendment 103 #
Proposal for a regulation Article 5 – paragraph 3 a (new) 3a. With a view to ensuring that consumers are properly informed, in respect of protected geographical indication products the place of provenance of the agricultural product shall be specified, at least in cases where the place of provenance is not the same as the place in which processing took place.
Amendment 104 #
Proposal for a regulation Article 5 a (new) Article 5a With a view to ensuring that consumers are properly informed, in respect of protected geographical indication products the place of provenance of the agricultural product shall be specified, at least in cases where the place of provenance is not the same as the place in which processing took place.
Amendment 105 #
Proposal for a regulation Article 6 – paragraph 1 1. Names that have become generic may not be registered as protected designations of origin or protected geographical indications. In establishing whether or not a name has become generic, the translation of the name into each of the official languages of the Union shall be taken into account.
Amendment 106 #
Proposal for a regulation Article 6 – paragraph 3 3. A name proposed for registration that is wholly or partially homonymous with a name already entered in the register established under Article 11 may not be registered
Amendment 107 #
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.
Amendment 108 #
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) ;
Amendment 109 #
Proposal for a regulation Article 7 – paragraph 1 – point e (e) a description of the method of obtaining the product and the authentic and unvarying local methods and, where applicable, information concerning packaging, if the applicant group so determines and gives reasons why the packaging must take place in the defined geographical area to safeguard quality or ensure the origin or ensure control. As a product-specific restriction on the free movement of goods and the free movement of services, justification and detailed reasons shall be provided for specifying that packaging must take place in the area;
Amendment 110 #
Proposal for a regulation Article 7 – paragraph 1 a (new) (1a) To help contribute to safeguarding the quality and good name of the products, the product specification may include specific requirements aimed at protecting the natural resources or landscape of the production area or improving the welfare of farmed animals.
Amendment 111 #
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.
Amendment 112 #
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 and/or the countryside in the areas of production, or to improve animal welfare.
Amendment 113 #
Proposal for a regulation Article 8 – paragraph 2 – point a a (new) (aa) proof that the applicant group within the meaning of Article 46 is representative of producers of the product;
Amendment 114 #
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.
Amendment 115 #
Proposal for a regulation Article 9 – paragraph 1 A Member State may, on a transitional basis only, grant protection to a name or accept an amendment to a product specification under this Regulation at national level, with effect from the date on which an application is lodged with the Commission.
Amendment 116 #
Proposal for a regulation Article 10 – paragraph 1 – point d (d) gives details from which it can be concluded that the name for which registration is requested or its translation into an official language of the Union is generic.
Amendment 117 #
Proposal for a regulation Article 10 – paragraph 1 – point d a (new) (da) shows that the name in another language is identical when translated.
Amendment 118 #
Proposal for a regulation Article 10 – paragraph 1 – point d a (new) (da) shows that the requirements laid down in Article 7(1)(e) are not complied with.
Amendment 119 #
Proposal for a regulation Article 11 – paragraph 2 2. Designations of origin and geographical indications pertaining to products of third countries that are protected in the Union under
Amendment 120 #
Proposal for a regulation Article 11 – paragraph 2 2. Designations of origin and geographical indications pertaining to products of third countries that are protected in the Union under
Amendment 121 #
Proposal for a regulation Article 11 – paragraph 2 2. Designations of origin and geographical indications pertaining to products of third countries that are protected in the Union under an international agreement to which the Union is a contracting party may be entered in the register. They shall be entered in the register if the international agreement provides for this. Unless specifically identified in the said agreement as protected designations of origin under this Regulation, such names shall be entered in the register as protected geographical indications.
Amendment 122 #
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.
Amendment 123 #
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.
Amendment 124 #
Proposal for a regulation Article 12 – paragraph 3 3. In the case of products originating in the Union, marketed under a protected designation of origin or a protected geographical indication registered in accordance with the procedures laid down in this Regulation, the indications ‘protected designation of origin’ or ‘protected geographical indication’ or
Amendment 125 #
Proposal for a regulation Article 12 – paragraph 3 3. In the case of products originating in the Union, marketed under a protected designation of origin or a protected geographical indication registered in accordance with the procedures laid down in this Regulation, the indications ‘protected designation of origin’ or ‘protected geographical indication’
Amendment 126 #
Proposal for a regulation Article 12 – paragraph 3 3. In the case of products originating in the Union, marketed under a protected designation of origin or a protected geographical indication registered in accordance with the procedures laid down in this Regulation, the indications ‘protected designation of origin’ or ‘protected geographical indication’
Amendment 127 #
Proposal for a regulation Article 12 – paragraph 3 3. In the case of products originating in the Union, marketed under a protected designation of origin or a protected geographical indication registered in accordance with the procedures laid down in this Regulation, the indications ‘protected designation of origin’ or ‘protected geographical indication’ or the Union symbols associated with them shall appear on the labelling. In addition, the corresponding abbreviations "PDO" or "PGI" may appear on the labelling, together with depictions of the geographical area of origin as referred to in Article 5 and text, graphics or symbols referring to the Member State and/or region is which that geographical area of origin is located.
Amendment 128 #
Proposal for a regulation Article 12 – paragraph 3 3. In the case of products originating in the Union, marketed under a protected designation of origin or a protected geographical indication registered in accordance with the procedures laid down in this Regulation, the indications ‘protected designation of origin’ or ‘protected geographical indication’ or the Union symbols associated with them shall appear on the labelling. In addition, the corresponding abbreviations "PDO" or "PGI" may appear on the labelling. The name or business name or registered trade mark of the producer or at least one of the persons subject to official controls shall also appear on the labelling.
Amendment 129 #
Proposal for a regulation Article 12 – paragraph 4 4. In the case of products originating in third countries marketed under a name entered in the register,
Amendment 130 #
Proposal for a regulation Article 12 – paragraph 4 4. In the case of products originating in third countries marketed under a name entered in the register in accordance with Chapter IV of Title V of this Regulation, the indications referred to in paragraph 3 or the Union symbols associated with them may appear on the labelling.
Amendment 131 #
Proposal for a regulation Article 12 – paragraph 4 4. In the case of products originating in third countries marketed under a name entered in the register in accordance with Chapter IV of Title V of this Regulation, the indications referred to in paragraph 3 or the Union symbols associated with them may appear on the labelling.
Amendment 132 #
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;
Amendment 133 #
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 it is used as an ingredient;
Amendment 134 #
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 not covered by the registration insofar as those products are comparable to the products registered under that name or insofar as using the name exploits the reputation of the protected name, including in cases where they are used as ingredients;
Amendment 135 #
Proposal for a regulation Article 13 – paragraph 1 – point b (b) any misuse, imitation or evocation, even if the true origin of the product or service is indicated or if the protected name is translated or accompanied by an expression such as ‘style’, ‘type’, ‘method’, ‘as produced in’, ‘imitation’ or similar, in so far as those products or services are comparable to the products registered under that name or in so far as the misuse, imitation or evocation of the name exploits the reputation of the protected name, including when used as an ingredient;
Amendment 136 #
Proposal for a regulation Article 13 – paragraph 1 – point b (b) any misuse, imitation or evocation, even if the true origin of the product or service is indicated or if the protected name is translated or accompanied by an expression such as ‘style’, ‘type’, ‘method’, ‘as produced in’, ‘imitation’ or similar, in so far as those products or services are comparable to the products registered under that name or in so far as the misuse, imitation or evocation of the name, exploits the reputation of the protected name, including when it is used as an ingredient;
Amendment 137 #
Proposal for a regulation Article 13 – paragraph 1 – point b (b) any misuse, imitation or evocation, even if the true origin of the product or service is indicated or if the protected name is translated or accompanied by an expression such as ‘style’, ‘type’, ‘method’, ‘as produced in’, ‘imitation’ or similar, in so far as those products or services are comparable to the products registered under that name or in so far as the misuse, imitation or evocation of the name exploits the reputation of the protected name, including when the product is used as an ingredient;
Amendment 138 #
Proposal for a regulation Article 13 – paragraph 3 3. Member States shall take the appropriate administrative and judicial steps to prevent or stop the unlawful use of protected designations of origin and protected geographical indications, as referred to in paragraph 1,
Amendment 139 #
Proposal for a regulation Article 13 – paragraph 3 3. Member States shall take the appropriate administrative and judicial steps to prevent or stop the unlawful use of protected designations of origin and protected geographical indications, as referred to in paragraph 1,
Amendment 140 #
Proposal for a regulation Article 13 – paragraph 3 - subparagraph 1 a (new) In order to prevent the marketing in the Union or the export to third countries of products not labelled in conformity with the Regulation on the protection of PDO and PGI, the Commission may, by means of delegated acts, define the actions to be implemented by the Member States in this respect.
Amendment 141 #
Proposal for a regulation Article 13 – paragraph 3 – subparagraph 1 a (new) To that end the Member States shall designate the authorities responsible for managing the administrative measures relating to PDO/PGI/TSG by following procedures determined by each individual Member State. The above-mentioned authorities must offer appropriate guarantees in terms of objectivity and impartiality. They must also be equipped with staff and resources that are commensurate with these objectives.
Amendment 142 #
Proposal for a regulation Article 13 – paragraph 3 a (new) 3a. In order to prevent the marketing in the Union or the export of products not labelled in conformity with this Regulation, the Commission may, by means of delegated acts, define the actions to be implemented by the Member States in this respect.
Amendment 143 #
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
Amendment 144 #
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
Amendment 145 #
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, 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 if the product bearing the trade mark which would contravene Article 13 is produced in accordance with the specification and is covered by the system of controls.
Amendment 146 #
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.
Amendment 147 #
Proposal for a regulation Article 14 – paragraph 3 3. The provisions of paragraph 1 shall apply notwithstanding the provisions of Directive 2008/95/EC. The collective geographical marks referred to in Article 15 of Directive 2008/95/EC shall be allowed to be used on labels, together with the protected designation of origin or protected geographical indication.
Amendment 148 #
Proposal for a regulation Article 15 – paragraph 1 – introductory part 1. Without prejudice to Article 14, products originating in a Member State or a third country other than the one of the applicant the designation of which comprises or contains a name that contravenes Article 13(1) may continue to use the
Amendment 149 #
Proposal for a regulation Article 15 – paragraph 4 a (new) 4a. A transitional period may also be set for undertakings established in the Member State or third country in which the geographical area is located, provided that the undertakings concerned have legally marketed the products in question, using the names concerned, continuously for at least five years preceding the date of the publication referred to in Article 47(2) and have noted that point in the national opposition procedure referred to in Article 46(3) or the Community opposition procedure referred to in Article 48(1). The transitional period referred to in this subparagraph may not exceed five years.
Amendment 150 #
Proposal for a regulation Article 17 – paragraph 1 A scheme for traditional specialities guaranteed is established
Amendment 151 #
Proposal for a regulation Article 17 – paragraph 1 A scheme for traditional specialities guaranteed is established in order to assist producers of traditional product in marketing and communicating the value adding attributes of their traditional recipes and products to consumers.
Amendment 152 #
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
Amendment 153 #
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
Amendment 154 #
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
Amendment 155 #
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:
Amendment 156 #
Proposal for a regulation Article 18 – paragraph 1 – point a (a) results from a mode of production and/or processing and composition corresponding to traditional practice for that product or foodstuff, and
Amendment 157 #
Proposal for a regulation Article 18 – paragraph 3 3. A name
Amendment 158 #
Proposal for a regulation Article 18 – paragraph 4 Amendment 159 #
Proposal for a regulation Article 18 – paragraph 4 Amendment 160 #
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;
Amendment 161 #
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.
Amendment 162 #
Proposal for a regulation Article 23 – paragraph 3 – subparagraph 1 Amendment 163 #
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.
Amendment 164 #
Proposal for a regulation Article 23 – paragraph 3 – subparagraph 3 Amendment 165 #
Proposal for a regulation Article 23 – paragraph 3 – subparagraph 3 The symbol referred to in paragraph 2 shall appear on the labelling. The Union symbol may be supplemented
Amendment 166 #
Proposal for a regulation Article 25 – paragraph 1 1. Names registered in accordance with Article 13(1) and (2) of Regulation (EC) No 509/2006
Amendment 167 #
Proposal for a regulation Article 25 – paragraph 2 2. Names registered in accordance with the requirements laid down in the first subparagraph of Article 1(1), and in Article 13(1) of Regulation (EC) No 509/2006,
Amendment 168 #
Proposal for a regulation Article 25 – paragraph 2 2. Names registered in accordance with the requirements laid down in the first subparagraph of Article 1(1), and in Article 13(1) of Regulation (EC) No 509/2006, including those registered pursuant to applications referred to in the second subparagraph of Article 55(1) of this Regulation, may continue to be used under the conditions provided for in Regulation (EC) No 509/2006, until 31 December 2017, unless Member States use the procedure set out in paragraphs 3 to 7.
Amendment 169 #
Proposal for a regulation Article 25 – paragraph 2 2. Names registered in accordance with the requirements laid down in the first subparagraph of Article 1(1), and in Article 13(1) of Regulation (EC) No 509/2006, including those registered pursuant to applications referred to in the second subparagraph of Article 55(1) of this Regulation, may continue to be used under the conditions provided for in Regulation (EC) No 509/2006, until 31 December 2017, unless a Member State uses the procedure set out in paragraphs 3 to 7.
Amendment 170 #
Proposal for a regulation Article 25 – paragraph 2 2. Names registered in accordance with the requirements laid down in the first subparagraph of Article 1(1), and in Article 13(1) of Regulation (EC) No 509/2006, including those registered pursuant to applications referred to in the second subparagraph of Article 55(1) of this Regulation, may continue to be used under the conditions provided for in Regulation (EC) No 509/2006, until 31 December 2017, unless Member States use the procedure set out in paragraph 2a of this Article.
Amendment 171 #
Proposal for a regulation Article 25 – paragraph 2 a (new) 2a. Member States shall, no later than 31 December 2016, submit to the Commission a list of traditional specialities guaranteed registered in accordance with Article 13(1) of Regulation (EC) No 509/2006 and complying with this Regulation. Names of those traditional specialities guaranteed may be adjusted in order to comply with Article 18 paragraph 2(b). The Commission shall publish the full list in the Official Journal of the European Union. Within the two months from the date of publication in the Official Journal of the European Union, a statement of opposition referred to in Articles 48 and 49 may be submitted to the Commission. The Commission, after the opposition procedure, shall, where appropriate, adjust the entries in the register referred to in Article 22. The corresponding specifications shall be the specifications referred to in Article 19.
Amendment 172 #
Proposal for a regulation Article 25 – paragraph 2 a (new) 2a. Member States shall, no later than [31 December 2012], submit to the Commission a list of traditional specialities guaranteed registered in accordance with Article 13(1) of Regulation (EC) No 509/2006 and complying with this Regulation. Names of those traditional specialities guaranteed may be adjusted in order to comply with Article 18 paragraph 2 (b). Member States shall, where appropriate, assure the national opposition procedure. The Commission shall, by means of implementing acts, without the assistance of the Committee referred to in Article 54, publish the full list in the Official Journal of the European Union. Within the two months from the date of publication in the Official Journal of the European Union, a statement of opposition may be submitted to the Commission by the authorities of a Member State or of a third country or a natural or legal person having a legitimate interest and established in a third country. Articles 48 and 49 shall apply mutatis mutandis. The Commission, after the opposition procedure, shall, where appropriate, adjust the entries in the register referred to in Article 22. The corresponding specifications shall be the specifications referred to in Article 19.
Amendment 173 #
Proposal for a regulation Article 25 – paragraph 3 3.
Amendment 174 #
Proposal for a regulation Article 25 – paragraph 3 a (new) 3a. The Commission shall publish the list of traditional specialities guaranteed in the Official Journal of the European Union.
Amendment 175 #
Proposal for a regulation Article 25 – paragraph 3 b (new) 3b. Within two months from the date of publication in the Official Journal of the European Union, a statement of opposition may be lodged with the Commission by the authorities of a Member State or of a third country, or a natural or legal person having a legitimate interest and established in a third country.
Amendment 176 #
Proposal for a regulation Article 25 – paragraph 3 c (new) 3c. Articles 48 and 49 shall apply mutatis mutandis.
Amendment 177 #
Proposal for a regulation Article 25 – paragraph 3 d (new) 3d. Upon conclusion of the procedure, the Commission shall, where appropriate, adjust entries in the register referred to in Article 22. The corresponding specifications shall be deemed to be the specifications referred to in Article 19.
Amendment 178 #
Proposal for a regulation Article 27 – paragraph 1 a (new) 1a. The Member States that already have optional terms may retain more restrictive national measures.
Amendment 179 #
Proposal for a regulation Article 28 Amendment 180 #
Proposal for a regulation Article 28 – paragraph 1 – point c Amendment 181 #
Proposal for a regulation Article 29 a (new) Article 29a Mountain product 1. The term 'mountain product' shall be established. This term may only be used to describe products intended for human consumption that are listed in Annex I to the Treaty of which the raw materials come from mountain areas. In addition, for the term to be applied to processed products, such processing must also take place in mountain areas or in certain circumstances in areas in close proximity to the mountains. 2. For the purposes of this Article, "mountain areas" within the Union are those areas within the meaning of Article 18(1) of Regulation (EC) No 1257/1999. For products of third countries, "mountain areas" shall include areas 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 of natural constraints affecting agricultural production in mountain areas. 4. The Commission shall lay down guidelines, by means of delegated acts, in order to prevent the term ‘mountain’ or similar terms that are likely to mislead consumers from being used in the labelling of foodstuffs which do not comply with this article.
Amendment 182 #
Proposal for a regulation Article 29 a (new) Article 29a Mountain product The term 'mountain product' is established. This term may only be used to describe agricultural and agri-food products listed in Annex I to the Treaty of which the raw materials come from mountain areas. In addition, for the term to be applied to processed products, such processing must also take place in mountain areas.
Amendment 183 #
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.
Amendment 184 #
Proposal for a regulation Article 29 a (new) Article 29a Product of mountain farming 1. The term 'product of mountain farming' is established. The term may only be used to describe products intended for human consumption listed in Annex I to the Treaty of which the raw materials come from mountain areas. In addition, for the term to be applied to processed products, such processing must also take place in mountain areas in cases where this substantially affects the particular characteristics of the final product. 2. For the purpose of this Article, 'mountain areas' in 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 fulfil criteria equivalent to those set out in Article 18(1) of Regulation (EC) No 1257/1999. ________ 1 OJ L 160, 26.6.1999, p. 80.
Amendment 185 #
Proposal for a regulation Article 29 a (new) Article 29a Island products The Commission is invited to examine and submit proposals in the immediate future for the optional quality terms for ‘island products'.
Amendment 186 #
Proposal for a regulation Article 29 a (new) Article 29a 'Traditional regional products' The term 'traditional regional product' is established. This term may only be used to describe agricultural and agri-food products which prove they have a tradition of at least 25 years in the use of their name and/or in their production technique or in their processing attributes and that the optional classification 'traditional regional product' meets the relevant conditions and provides added value on the market.
Amendment 187 #
Proposal for a regulation Article 29 b (new) Article 29b Product of island farming The term 'product of island farming' is established. The term may only be used to describe products intended for human consumption listed in Annex I to the Treaty of which the raw materials come from islands. In addition, for the term to be applied to processed products, such processing must also take place on islands in cases where this substantially affects the particular characteristics of the final product.
Amendment 188 #
Proposal for a regulation Article 29 b (new) Article 29b Logo for local products The Commission is invited to submit proposals for the creation of a new distinctive Union logo and the establishment of a specific identity for small distribution networks in order to encourage local products in the EU, the activities of small producers and communication between consumers and producers on the one hand, as well as securing environmental benefits on the other.
Amendment 189 #
Proposal for a regulation Article 31 a (new) Article 31a By 30 September 2012, the Commission shall present an Impact Assessment on the case for a new local-farming and direct-sales labelling scheme to assist producers in marketing their produce locally. That Impact Assessment shall focus on the ability of the farmer to add value to his produce through the new label, and the possibilities of reducing carbon emissions and waste through short production and distribution chains. That Impact Assessment shall, if necessary, be accompanied by appropriate legislative proposals creating that local labelling scheme, which shall be linked to additional proposals on appropriate simplified levels of sanitary rules for these small-scale producers that are participating in the scheme.
Amendment 190 #
Proposal for a regulation Title IV a (new) Title
Amendment 191 #
Proposal for a regulation Title IV a (new) Amendment 192 #
Proposal for a regulation Title IV a (new) Amendment 193 #
Proposal for a regulation Title IV a (new) Amendment 194 #
Proposal for a regulation Title IV a (new) Amendment 195 #
Proposal for a regulation Title IV a (new) Amendment 196 #
Proposal for a regulation Title IV a (new) Amendment 197 #
Proposal for a regulation Article 33 – paragraph 1 a (new) 1a. Member States also designate the competent authorities to put in place the necessary administrative and judicial steps of article 13(3).
Amendment 198 #
Proposal for a regulation Article 34 – paragraph 1 – subparagraph 2 The costs of such verification of compliance with the specifications
Amendment 199 #
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.
Amendment 200 #
Proposal for a regulation Article 35 – paragraph 1 Member States shall inform the Commission o
Amendment 201 #
Proposal for a regulation Article 36 – paragraph 2 2. Such control bodies shall be accredited in accordance with European Standard EN 450
Amendment 202 #
Proposal for a regulation Article 38 – paragraph 1 1. Without prejudice to Article 13, this Regulation shall not affect the use of terms that are generic in
Amendment 203 #
Proposal for a regulation Article 38 – paragraph 3 – point a (a) the existing situation in
Amendment 204 #
Proposal for a regulation Article 38 – paragraph 4 Amendment 205 #
Proposal for a regulation Article 41 – paragraph 1 – introductory part 1. Indications, abbreviations and symbols referring to the quality schemes may only be used
Amendment 206 #
Proposal for a regulation Article 41 – paragraph 2 2. In accordance with Article 5 of Regulation (EC) No 1290/2005, the European Agricultural Fund for Rural Development (EAFRD) may finance on a centralised basis on the initiative of the Commission or on its behalf, administrative support concerning the development, preparatory work, monitoring, administrative and legal support, legal defence, registration fees, renewal fees, mark watching fees, litigation fees and any other related measure required to protect and promote 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 207 #
Proposal for a regulation Article 41 – paragraph 3 3. The Commission shall adopt, by means of
Amendment 208 #
Proposal for a regulation Article 41 – paragraph 3 a (new) 3a. In case of infringement of the provisions of paragraph 1, the Member States shall apply appropriate administrative penalties.
Amendment 209 #
Proposal for a regulation Article 42 – paragraph 1 – introductory part Without prejudice to specific provisions on producer organisations and inter-branch organisations as laid down in Regulation (EC) No 1234/2007, a group or, where appropriate, an inter-branch organisation is entitled to:
Amendment 210 #
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);
Amendment 211 #
Proposal for a regulation Article 42 – paragraph 1 – point a (a) contribute to ensuring that the quality, reputation and 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);
Amendment 212 #
Proposal for a regulation Article 42 – paragraph 1 – point a a (new) (aa) take action to ensure adequate legal protection of the protected denomination of origin or protected geographical indication and other relevant intellectual property rights;
Amendment 213 #
Proposal for a regulation Article 42 – paragraph 1 – point a a (new) (aa) take action to ensure adequate legal protection of the protected denomination of origin or protected geographical indication and other relevant intellectual property rights;
Amendment 214 #
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;
Amendment 215 #
Proposal for a regulation Article 42 – paragraph 1 – point a a (new) (aa) define rules that set out the conditions under which the protected PDO or PGI name can be used in the sales denomination of a prepared or a processed food, in accordance with Article 13(1);
Amendment 216 #
Proposal for a regulation Article 42 – paragraph 1 – point a b (new) (ab) define rules that set out the conditions under which the protected PDO or PGI name can be used in the sale’s denomination of a prepared or a processed food, in accordance with Article 13(1);
Amendment 217 #
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);
Amendment 218 #
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.
Amendment 219 #
Proposal for a regulation Article 42 – paragraph 1 – point d a (new) (da) take measures to enhance the value of products and, where necessary, take steps to prevent or counter any measures which tarnish, or are likely to tarnish the image of those products.
Amendment 220 #
Proposal for a regulation Article 42 – paragraph 1 – point d a (new) (da) ensure that production is planned and adjusted to demand, provided that it is authorised by the Member State concerned and applied in a proportionate and non-discriminatory manner. Such measures shall aim at preventing or managing crisis and shall be notified to the European Commission by the Member State;
Amendment 221 #
Proposal for a regulation Article 42 – paragraph 1 – point d – d b (new) (db) Member States shall communicate to the Commission which shall make public, the name and address of the groups referred to in Article 3, paragraph 3, and update them periodically.
Amendment 222 #
Proposal for a regulation Article 42 – paragraph 1 – point d a (new) (da) develop, under the supervision of the Member State concerned, management- of-supply measures, on the understanding that these regulatory measures 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.
Amendment 223 #
Proposal for a regulation Article 42 – paragraph 1 – point d a (new) (da) apply for an authorisation from its Member State or region 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, either the Member States or the regions 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. The Commission shall be notified and may revoke at any time the authorisation of the Member States.
Amendment 224 #
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.
Amendment 225 #
Proposal for a regulation Article 42 a (new) Article 42a 1. In the public interest, with the overall objective of ensuring an increasing level of quality of the products covered by this Regulation, and a balance between production and consumption, in order to eliminate speculative behaviour that runs counter to competition rules and is detrimental to quality, Member States may lay down rules at the production level, by way of implementing decisions taken by groups of operators handling the PDO or PGI considered. Such rules must not create obstacles to intra-European and/or international trade or violate relevant competition rules, shall be proportionate to the objective pursued and shall not: (a) allow for price fixing, including where prices are set for guidance or recommendation; (b) reduce an excessive proportion of the volume that is produced annually and normally available; (c) prevent the entry of new operators 2. The rules referred to in paragraph 1 must be brought to the attention of operators by publication in extenso in an official publication of the Member State concerned. 3. Decisions and actions taken by Member States in year n accordance with the provisions of this Article shall be notified to the Commission before 1 March of year n+1.
Amendment 226 #
Proposal for a regulation Article 42 a (new) Article 42a 1. In the public interest, with the overall objective of ensuring an increasing level of quality of the products covered by this Regulation, and a balance between production and consumption, in order to eliminate speculative behaviour that runs counter to competition rules and is detrimental to quality, Member States may lay down rules at the production level, by way of implementing decisions taken by groups of operators handling the PDO or PGI considered. Such rules shall be proportionate to the objective pursued and shall not: (a) allow for price fixing, including where prices are set for guidance or recommendation; (b) reduce an excessive proportion of the volume that is produced annually and normally available; (c) prevent the entry of new operators 2. The rules referred to in paragraph 1 must be brought to the attention of operators by publication in extenso in an official publication of the Member State concerned. 3. Decisions and actions taken by Member States in accordance with the provisions of this Article shall be notified to the Commission within 30 days.
Amendment 227 #
Proposal for a regulation Article 43 – paragraph 2 2. Operators preparing, packaging and storing a traditional speciality, protected designation of origin or protected geographical indication or who places such traditional speciality guaranteed, protected designation of origin and protected geographical indication on the market shall also be subject to the system of controls as referred to in Chapter I of this Title.
Amendment 228 #
Proposal for a regulation Article 43 – paragraph 2 2. Operators preparing
Amendment 229 #
Proposal for a regulation Article 43 – paragraph 2 2. Operators preparing and storing a traditional speciality, protected designation of origin or protected geographical indication or who places such traditional speciality guaranteed, protected designation of origin and protected geographical indication on the market shall also be subject to the system of controls as referred to in Chapter I of this Title, in cases where these controls are not carried out by the public authorities in the Member State.
Amendment 230 #
Proposal for a regulation Article 43 – paragraph 2 2. Operators preparing and storing a traditional speciality, protected designation of origin or protected geographical indication or who place
Amendment 231 #
Proposal for a regulation Article 43 – paragraph 2 a (new) 2a. Member States may exempt from the application of this Article operators who sell products directly to the final consumer or user, provided they do not produce, prepare or store such products other than in connection with the point of sale, or import them from a third country, and have not contracted out such activities to a third party.
Amendment 232 #
Proposal for a regulation Article 43 – paragraph 3 3. Member States
Amendment 233 #
Proposal for a regulation Article 44 – paragraph 1 Without prejudice to Regulation (EC) No 882/2004 and in particular the provisions of Chapter VI of Title II thereof, Member States may charge a reasonable fee to cover their costs of managing the quality schemes, including those incurred in processing applications, statements of opposition, applications for amendments and requests for cancellations provided for in this Regulation.
Amendment 234 #
Proposal for a regulation Article 44 – paragraph 1 a (new) With regard to the Guidelines on the best practices on voluntary certification schemes (2010/C 341/04) and on the labelling of products using PDO-PGI ingredients (2010/C 341/03), after three years following the entry into force of this Regulation, the Commission shall present a report to the European Parliament and the Council, reviewing the guidelines with a view to establishing whether they are appropriate.
Amendment 235 #
Proposal for a regulation Article 46 – paragraph 1 – subparagraph 1 Applications for registration of names under the quality schemes referred to in Article 45 may
Amendment 236 #
Proposal for a regulation Article 46 – paragraph 1 – subparagraph 1 Applications for registration of names under the quality schemes referred to in Article 45 may only be submitted by groups as defined in Article 3.
Amendment 237 #
Proposal for a regulation Article 46 – paragraph 1 – subparagraph 2 Amendment 238 #
Proposal for a regulation Article 46 – paragraph 1 – subparagraph 2 Under exceptional conditions and only if no group exists for a product, a natural or legal person may be treated as a group.
Amendment 239 #
Proposal for a regulation Article 46 – paragraph 1 – subparagraph 3 Amendment 240 #
Proposal for a regulation Article 47 – paragraph 1 – subparagraph 1 The Commission shall scrutinise by appropriate means an application received pursuant to Article 46, to check that it is justified and meets the conditions of the respective scheme. This scrutiny
Amendment 241 #
Proposal for a regulation Article 48 – paragraph 1 1. Within
Amendment 242 #
Proposal for a regulation Article 48 – paragraph 1 – subparagraph 1 Within
Amendment 243 #
Proposal for a regulation Article 48 – paragraph 1 – subparagraph 1 Within
Amendment 244 #
Proposal for a regulation Article 48 – paragraph 1 – subparagraph 2 a (new) 2a. The justification for a statement of opposition lodged within the deadline set out in Article 48(1) may be submitted within two months of the expiry of the deadline set out in Article 48(1). The Commission shall forward the statement of opposition and its justification immediately to the authority or individual who lodged the application.
Amendment 245 #
Proposal for a regulation Article 48 – paragraph 3 3. Where a reasoned statement of opposition is admissible, the Commission shall, within two months after the time period mentioned in paragraph 1, subparagraph 2, invite the authority or person that lodged the opposition and the authority or body that lodged the application to engage in appropriate consultations for a reasonable period that shall not exceed three months.
Amendment 246 #
Proposal for a regulation Article 48 – paragraph 3 a (new) 3a. At any time during the three months period, the Commission may, at the request of one of the parties involved extend the deadline for the consultations by a maximum of three months if the Commission deems that extending the deadline would contribute to reaching an agreement or if one of the parties involved is from a third country. All parties shall provide each other with any information relevant to the assessment of the compliance of the application for registration with the conditions of this Regulation and the justification of the objection. The information shall be in a language understood by all parties involved and must be submitted within a time limit permitting appropriate consultations.
Amendment 247 #
Proposal for a regulation Article 48 – paragraph 3 a (new) 3a. The Commission may, at the request of one of the parties involved, extend the consultation deadline at any point during these three months by a further three months if it considers that such an extension will contribute to an agreement or if one of the parties involved is from a third country.
Amendment 248 #
Proposal for a regulation Article 50 – paragraph 1 – subparagraph 1 1. A group as defined in Article 3 having a legitimate interest may apply for approval of an amendment to a product specification.
Amendment 249 #
Proposal for a regulation Article 50 – paragraph 1 – subparagraph 1 1. A group
Amendment 250 #
Proposal for a regulation Article 50 – paragraph 2 – subparagraph 1 2. Where the amendment involves one or more amendments to the specification that are not minor, the amendment application shall follow the procedure laid down in Articles 46, 47, 48 and 49. The scrutiny of the application shall focus exclusively on the proposed amendment.
Amendment 251 #
Proposal for a regulation Article 51 – paragraph 1 – subparagraph 1 – introductory part 1. The Commission may,
Amendment 252 #
Proposal for a regulation Article 51 – paragraph 1 – subparagraph 1 – point b (b) no product is placed on the market under the traditional speciality guaranteed, the protected designation of origin or the protected geographical indication for at least
Amendment 253 #
Proposal for a regulation Article 51 – paragraph 1 – subparagraph 1 – point b (b) no product is placed on the market under the traditional speciality guaranteed, the protected designation of origin or the protected geographical indication for at least
Amendment 254 #
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.
Amendment 255 #
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
Amendment 256 #
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 th
Amendment 257 #
Proposal for a regulation Title VI - Chapter I a (new) CHAPTER 1A Reports and communications Article 54a The Commission shall submit, no later than 2013, a communication examining the desirability of introducing a Community-level logo and definition for integrated production; this communication shall include an economic assessment of the benefits for operators of a European-level harmonisation of such production.
Amendment 258 #
Proposal for a regulation Annex I – part I – indent 10 a (new) – vegetable oils of agricultural origin for cosmetic purposes,
Amendment 260 #
Proposal for a regulation Annexe II – third column – second row Articles 11, 12, 13 and 14 of Regulation (EC) No 543/2008
Amendment 262 #
Proposal for a regulation Annex II a (new) ANNEX IIa BG: … ES: Producto de mi granja CS: … DA: … DE: Erzeugnis/Produkt von meinem (Bauern-)Hof ET: … EL: προϊόν του (αγρο)κτήµατός µου EN: product from my farm FR: produit de ma ferme GA: … IT: prodotto della mia fattoria LV: … LT: produktas iš mano ūkio LU: … HU: … MT: … NL: … PL: produkt (z) mojego gospodarstwa / produkt (z) mojej farmy PT: … RO: produs de la ferma mea SK: … SL: … FI: oman tilan tuote SV: …
Amendment 263 #
Proposal for a regulation Annex II a (new) ANNEX IIa Indications referred to in Article 31b BG: … ES: Producto de mi granja CS: … DA: … DE: Erzeugnis/Produkt von meinem (Bauern-)Hof ET: … EL: προϊόν του (αγρο)κτήµατός µου EN: product from my farm FR: produit de ma ferme GA: … IT: prodotto della mia fattoria LV: … LT: produktas iš mano ūkio LU: … HU: termelıi termék MT: … NL: … PL: produkt (z) mojego gospodarstwa / produkt (z) mojej farmy PT: … RO: produs de la ferma mea SK: … SL: … FI: oman tilan tuote SV: …
Amendment 264 #
Proposal for a regulation Annex II a (new) source: PE-464.731
|
History
(these mark the time of scraping, not the official date of the change)
| activities/15 | added |
|
|
| procedure/final | added |
|
|
| procedure/stage_reached | changed |
Old
Procedure completed, awaiting publication in Official JournalNew
Procedure completed |
|