EUROPEAN COMMISSION
Brussels, 31.3.2022
COM(2022) 134 final
2022/0089(COD)
EXPLANATORY MEMORANDUM
1. CONTEXT OF THE PROPOSAL
Reasons for and objectives of the proposal
Geographical indications (GIs) identify products having qualities, characteristics or reputation due to natural and human factors linked to their place of origin. They are an intellectual property right (IPR) designed to promote fair competition amongst producers by preventing bad‑faith uses of a name and fraudulent and deceptive practices. GIs guarantee authenticity to consumers and distinguish a product in the market securing higher‑value sales and exports. GIs have been recognised internationally since 18831, and protected in steps by the Union from the 1970s (wine) to 1992 (agricultural products and foodstuffs), including the completion of the registers2 in 2020. Today, the EU register of geographical indications contains almost 3500 names of wines, spirit drinks, agricultural products and foodstuffs.
The Union system of GIs is sound, however, the evaluation of the policy as well as the impact assessment process have shown space for improvement, notably with a view to strengthening the system of GIs, as key to provision of high quality food and protecting cultural, gastronomic and local heritage across the Union. This concerns mainly:
- How best to give effect to the fundamental right of producers for the IPR in their GIs to be protected.
- How to prevent bad‑faith exploitation of product names.
- How to increase sustainable production of products with GIs.
- How can consumers be better informed about authentic products.
- How to ensure producers receive a fair return for their product.
The traditional specialities guaranteed (TSG) scheme has not after 30 years of existence delivered the expected benefits for producers and consumers. To better identify and promote traditional agricultural products in the Union, the TSG scheme should be simplified and clarified.
The proposal contributes to the objectives pursued by the Common Agricultural Policy (CAP), in particular to improve the response of Union agriculture to societal demands on economic, social and environmental sustainability outcomes of agricultural production. It will strengthen the current system of GIs as IPRs. The proposal will increase the economic, social and environmental outcomes of GI products, give producers more powers and responsibilities, reduce new forms of infringements (internet), improve the effectiveness of enforcement and checks that guarantee the authenticity of the products, address legislative gaps, and make the registration procedures more efficient. Besides GIs, the proposal also addresses the rules for TSGs, notably in clarifying their definition.
The overall goal of the GI revision is to facilitate the take‑up of GIs across the Union, as IP instruments accessible to all farmers and producers of products, linked by characteristics or reputation, and to their place of production. No changes are proposed to the fundamental structure of the GI systems, thus maintaining the role of the Member States in the procedure for applications related to GIs and TSGs; the high level of protection of intellectual property rights; specificities for GIs in the wine and spirit drinks sectors; and national enforcement within the framework of both the Official Controls Regulation and IP tools.
While the production of quality agricultural products is a strength of European agriculture, there are geographical imbalances when it comes to the number of registered GIs across the Union. These reflect different ‘starting points’ and experiences in preserving the gastronomic and cultural heritage of the Member States. The GI revision should pay particular attention to encouraging take‑up in those Member States where the use of GIs is under‑exploited. An objective is also to increase the number of registered GIs for each lower‑user Member State to the Union average.
The proposal therefore addresses the following general objectives:
- ensuring effective protection of IPR in the Union, including efficient registration processes, to fairly reward producers for their efforts;
- increasing the uptake of GIs across the Union to benefit the rural economy.
These two general objectives are detailed in six specific objectives:
- improve the enforcement of GI rules to better protect IPR and GIs on the internet, combat counter‑feiting;
- streamline and clarify the legal framework to simplify and harmonise the procedures for application and amendment;
- contribute the Union food system more sustainable by integrating specific sustainability criteria;
- empower producers and producer groups to better manage their GI assets and encourage the development of structures and partnerships within the food supply chain;
- increase correct market perception and consumer awareness of the GI policy and Union symbols;
- safeguard the protection of traditional food names to better valorise and preserve traditional products and production methods.
2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
Legal basis The proposal falls within the scope of the CAP (Article 43 TFEU9) and IPRs (Article 118 TFEU).
Subsidiarity By Regulation (EU) No 1308/2013, Regulation (EU) 2019/787 and Regulation (EU) No 1151/2012, the Union has established an exhaustive system for the protection of the names of specific products to promote their unique characteristics, linked to the geographical origin as well as traditional know‑how in the field of agricultural products, wine and spirit drinks. Member States may therefore not act individually to achieve this policy objective.
Proportionality The proposal comprises limited and targeted changes to the current legislative framework for GIs which do not go beyond what is necessary to achieve the objective of strengthening the GI system.
Choice of the instrument A Regulation of the European Parliament and of the Council is the appropriate instrument for a revision of the GI system.
3. RESULTS OF EX‑POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS
(Condensed – the full text contains detailed analyses of evaluations, stakeholder consultations, public consultations, expert group meetings, and impact assessment outcomes.)
4. BUDGETARY IMPLICATIONS
The proposal does not have any budgetary implications.
5. OTHER ELEMENTS
Implementation plans and monitoring, evaluation and reporting arrangements – monitoring indicators, evaluation after five years, etc.
PROPOSAL TEXT
HAVE ADOPTED THIS REGULATION:
Title I – General provisions
Article 1 – Subject matter This Regulation lays down the rules on:
(a) geographical indications for wine, spirit drinks and agricultural products; (b) traditional specialities guaranteed and optional quality terms for agricultural products.
Article 2 – Definitions
- For the purposes of this Regulation the following definitions shall apply:
- ‘producer group’ means any association, irrespective of its legal form, mainly composed of producers or processors of the same product;
- ‘traditional’ and ‘tradition’, associated with a product originating in a geographical area, means proven historical usage by producers in a community for a period that allows transmission between generations (at least 30 years);
- … (other definitions continue as in the original text)
Article 3 – Data protection
- The Commission and the Member States shall process and make public the personal data received in the course of the procedures for registration, approval of amendments, cancellation, opposition, granting of transitional period and control … in accordance with Regulations (EU) 2018/1725 and (EU) 2016/679.
Title II – Geographical indications
Chapter 1 – General provisions
Article 4 – Objectives
- This Title provides for a unitary and exclusive system of geographical indications, protecting the names of wine, spirit drinks and agricultural products having characteristics, attributes or reputation linked to their place of production, thereby ensuring the following:
(a) producers acting collectively have the necessary powers and responsibilities …; (b) fair competition for producers in the marketing chain; (c) consumers receive reliable information …; (d) efficient registration of geographical indications …; (e) effective enforcement and marketing throughout the Union ….
Article 5 – Scope
- This Title covers wine, spirit drinks and agricultural products, including foodstuffs and fishery and aquaculture products, listed under Chapters 1 to 23 of the combined nomenclature ….
Article 6 – Classification …
Chapter 2 – Registration of geographical indications
Article 8 – Applicant …
Article 9 – National stage of the procedure of registration …
Article 10 – Transitional national protection …
Chapter 3 – Protection of geographical indications
Article 27 – Protection of geographical indications …
Article 28 – Ingredients in processed products …
Article 29 – Generic terms …
Article 30 – Homonymous geographical indications …
Article 31 – Trade marks …
Chapter 4 – Controls and enforcement
Article 38 – Scope …
Article 39 – Verification of compliance with the product specification …
Article 40 – Public information on competent authorities and product certification bodies …
Article 41 – Accreditation of product certification bodies …
Article 42 – Controls and enforcement of geographical indications in the marketplace …
Title III – Quality schemes
Chapter 1 – Traditional specialities guaranteed
Article 54 – Objective and scope …
Article 55 – Eligibility criteria …
Article 56 – Product specification …
Article 57 – National stage of the procedure of registration …
Article 58 – Union application for registration …
Article 59 – Submission of the Union application for registration …
Article 60 – Scrutiny by the Commission and publication for opposition …
Article 61 – National challenge to an application for registration …
Article 62 – Union opposition procedure …
Article 63 – Grounds for opposition …
Article 64 – Transitional periods for the use of traditional specialities guaranteed …
Article 65 – Commission decision on the application for registration …
Article 66 – Union register of traditional specialities guaranteed …
Article 67 – Amendments to a product specification …
Article 68 – Cancellation of the registration …
Article 69 – Restriction on the use of registered traditional specialities guaranteed …
Article 70 – Exceptions for certain uses …
Article 71 – Name, Union symbol and indication of a traditional speciality guaranteed …
Chapter 2 – Optional quality terms
Article 74 – Objective and scope …
Article 75 – National rules …
Article 76 – Optional quality terms …
Article 77 – Reservation of additional optional quality terms …
Article 78 – Mountain product …
Article 79 – Restrictions on use and monitoring …
Title IV – Amendments to Regulations (EU) No 1308/2013, (EU) 2017/1001 and (EU) 2019/787
Article 81 – Amendments to Regulation (EU) No 1308/2013 …
Article 82 – Amendments to Regulation (EU) 2017/1001 …
Article 83 – Amendments to Regulation (EU) 2019/787 …
Title V – Delegation of powers, transitional and final provisions
Article 84 – Delegation of powers …
Article 85 – Transitional provision for the classification of geographical indications …
Article 86 – Transitional provisions for pending applications …
Article 87 – Continuity of the registers …
Article 88 – Repeal Regulation (EU) No 1151/2012 is repealed. References to the repealed Regulation shall be construed as references to this Regulation.
Article 89 – Entry into force This Regulation shall enter into force on the [...] day following that of its publication in the Official Journal of the European Union. This Regulation shall be binding in its entirety and directly applicable all Member States.
Done at Brussels,
For the European Parliament
For the Council
The President
The President
Footnotes
[1] https://www.wipo.int/treaties/en/ip/paris/
[3] https://ec.europa.eu/food/horizontal-topics/farm-fork-strategy_en
[4] https://ec.europa.eu/info/sites/default/files/2021_commission_work_programme_annexes_en.pdf
[6] https://ec.europa.eu/info/strategy/priorities-2019-2024/european-green-deal_en
[8] https://data.consilium.europa.eu/doc/document/ST-12099-2020-INIT/en/pdf
[9] https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:12012E/TXT&from=EN
[10] OJ L 343, 14.12.2012, p. 1.
[11] OJ L 347, 20.12.2013, p. 671.
[12] OJ L 130, 17.5.2019, p. 1.
[14] The average price of GI/TSG products is twice as high than that of comparable non‑GI/TSG products; relative lower price variability for GI products; fair competition for producers in the GI/TSG value chain; diversification of on‑farm activities e.g. processing, new types of sales (direct sales, e‑sales) and agri‑tourism.
[15] file:///C:/Users/dufouva/Downloads/090166e5d5274a42%20(1).pdf
[17] Insert hyperlink when published
[18] Insert hyperlink when published
[20] OJ C XX, XX.X.2022, p. XX.
[21] OJ C XX, XX.X.2022, p. XX.
The news content has been shortened. Full text is available at https://eur-lex.europa.eu/./legal-content/AUTO/?uri=CELEX:52022PC0134