Changes from plenary report to adopted text

Article 32 – paragraph 2 – introductory part: 2. Where a recognised producer group does not exist, a producer group may exercise in particular the following powers and responsibilities:

Article 32 – paragraph 2 – point a: (a) develop the product specification and manage activities relating to verifying and ensuring compliance of production steps of the product designated by the geographical indication with the said specification;

Article 32 – paragraph 2 – point b: (b) take legal action, including action before civil and criminal courts, to ensure protection offline and online of the geographical indication and of the intellectual property rights that are directly connected with it, including websites, domain names and electronic commerce, and claim damages;

Article 32 – paragraph 2 – point c: (c) agree sustainability undertakings, including undertakings which complement and contribute to producers’ agro-ecological strategies to combat climate change, whether included in the product specification or elsewhere, assuring adequate publicity for them notably in an information system provided by the Commission;

Article 32 – paragraph 2 – point d – introductory part: (d) take action to improve the performance of the geographical indication, in terms of economic, social and environmental sustainability, including:

Article 32 – paragraph 2 – point d – point ii: (ii) dissemination of information and promotion activities aiming at communicating the attributes of the product designated by a geographical indication to consumers, including the development of tourism services relating to sustainable and responsible rural tourism in the geographical area referred to in the product specification;

Article 32 – paragraph 2 – point d – point iii: (iii) carrying out analyses into the economic, social or environmental performance, of production, nutritional profile, and organoleptic profile, of the product designated by the geographical indication;

Article 32 – paragraph 2 – point e: (e) combat counterfeiting and suspected fraudulent uses on the internal market, including the Union digital market, of a geographical indication designating products that are not in compliance with the product specification, by monitoring the use of the geographical indication across the internal market and on third countries markets where the geographical indications are protected, including on the internet, and, as necessary, inform enforcement authorities using confidential systems available;

Article 32 – paragraph 2 – point e a (new): (ea) take measures to enhance the value of products and, where necessary, take steps to prevent or counter any measures or commercial practices which are, or risk being, detrimental to the image and value of their products, including devaluating marketing practices and lowering prices;

Article 32 – paragraph 2 – point e b (new): (eb) take measures to disseminate best practices and raise awareness among producers and consumers of the sustainability undertakings provided for in Article 12;

Article 32 – paragraph 2 – point e c (new): (ec) establish the minimum conditions for the fair usage of the name of a geographical indication as an ingredient in a processed product, referred to in Article 28(2), and determine the rules for requesting a financial contribution from the processor for such use.

Article 32 – paragraph 2 a (new): 2a. By way of derogation from paragraph 2 of this Article, Member States may limit some or all of the powers and responsibilities referred to in that paragraph exclusively to the recognised producer groups referred to in Article 33.

Article 33 – paragraph 1: 1. Upon a request of a producer group fulfilling the conditions of paragraph 2, Member States or, in accordance with an international agreement to which the Union is a contracting party, third countries shall designate, in accordance with their national law, one producer group as recognised producer group for a specific geographical indication or for two or more geographical indications originating in their territory, which are registered or are subject to an application for registration or for product names that are a potential subject for application for registration.

Article 33 – paragraph 1 a (new): 1a. A recognised producer group shall be the sole group to act on behalf of all producers with regard to competences referred to in this Article and in Articles 25 to 28.

Article 33 – paragraph 2: 2. A producer group may be designated as recognised producer group subject to a prior agreement concluded between at least 50 % plus one of the producers of the product bearing a geographical indication, accounting for a minimum volume or value of the marketable production, to be laid down by the Member State concerned, of that product in the geographical area referred to in the product specification. As an exception, Member States may confer on an authority, as referred to in Article 8(2), and on a single producer, as referred to in Article 8(3), the powers and responsibilities referred to in paragraph 3 of this Article and in Article 32(2).

Article 33 – paragraph 2 a (new): 2a. Member States or, in accordance with an international agreement to which the Union is a contracting party, third countries may decide on the basis of objective criteria that producer groups already recognised at national level before … [the date of entry into force of this Regulation] are to be considered as recognised producer groups.

Article 33 – paragraph 3 – introductory part: 3. In addition to the powers and responsibilities referred to in Article 32(2), a recognised producer group may exercise erga omnes the following powers and responsibilities:

Article 33 – paragraph 3 – point b: (b) to take enforcement actions, including filing applications for actions with custom authorities, to prevent or counter any measures or commercial practices which are, or risk being, detrimental to the image and value of their products including devaluating marketing practices and lowering prices;

Article 33 – paragraph 3 – point b a (new): (ba) to carry out supervisory activities and prevent fraud;

Article 33 – paragraph 3 – point c a (new): (ca) to agree with downstream operators on value-sharing clauses within the meaning of Article 172a of Regulation (EU) No 1308/2013, including in relation to market bonuses and losses, and determining how any evolution of market prices for the products concerned or other relevant commodities is to be allocated between them;

Article 33 – paragraph 3 – point c b (new): (cb) to liaise with the Commission in the context of negotiations on international agreements as regards the protection of geographical indications;

Article 33 – paragraph 4: 4. Member States may lay down rules to ensure that the contribution to costs associated with the exercise of powers and responsibilities by the recognised producer group is compulsory for all producers of the product designated by that geographical indication, operating in the geographical area referred to in the product specification. The contribution shall be proportionate to the volume or value of the marketable production of the product bearing that geographical indication.

Article 33 – paragraph 5: 5. Member States or, in accordance with an international agreement to which the Union is a contracting party, third countries shall carry out checks and take the necessary measures in order to ensure that the conditions for the recognition and the operation of the producer group are complied with. Where the competent national authorities find that such conditions have not been complied with, Member States shall annul the decision on the recognition of the producer group.

Article 33 – paragraph 5 a (new): 5a. Member States or, in accordance with an international agreement to which the Union is a contracting party, third countries shall inform the Commission, by 31 March of each year, of every decision to grant, refuse or annul recognition of a producer group taken during the previous calendar year. The Commission shall publish and regularly update the list of recognised producer groups.

Article 33 a (new): Article 33a / Associations of producer groups / 1. An association of producer groups may be set up on the initiative of interested producer groups. / 2. An association of producer groups may exercise in particular the following functions: / (a) participating in consultative bodies; / (b) exchanging information with public authorities on geographical indication policy-related topics; / (c) making recommendations to improve the development of geographical indication policies, in particular with regard to sustainability, the fight against fraud and counterfeiting, the creation of value among operators, competition rules and rural development; / (d) promoting and disseminating best practices among producers on geographical indication policies; / (e) taking part in promotion measures as defined by Regulation (EU) No 1144/2014.

Article 33 b (new): Article 33b / Assistance in relation to international agreements / 1. The EUIPO shall support producer groups in relation to international agreements to which the Union is a contracting party, in particular by: / (a) providing information in order to help them to protect their rights and to comply with different regulatory frameworks in foreign markets; and / (b) providing legal advice in the context of negotiations on international agreements as regards the protection of geographical indications. / 2. The costs of assistance in relation to international agreements may be borne by the EUIPO. The Member States may also contribute to those costs.

Article 34 – paragraph 1: 1. Top-level and other domain name registries operating in the Union shall, ex officio or upon the request of a natural or legal person being the rights-holder of a geographical indication or having a legitimate interest or rights in a geographical indication, revoke or transfer a domain name registered under such domain to the recognised producer group of the products with the geographical indication concerned, or to the competent authority of the Member State where the geographical indication originates, following an appropriate alternative dispute resolution procedure or judicial procedure, if such domain name has been registered by its holder without rights or legitimate interest in the geographical indication or if it has been registered or is being used in bad faith and its use contravenes Article 27.

Article 34 – paragraph 2: 2. Top-level and other domain name registries operating in the Union shall ensure that any alternative dispute resolution procedure established to solve disputes relating to the registration of domain names referred to in paragraph (1), shall recognise geographical indications as rights that may prevent a domain name from being registered or used in bad faith.

Article 35 – paragraph 1: 1. An application for the registration of a trade mark the use of which would contravene Article 27 shall be rejected if the application for registration of the trade mark is submitted after the date of submission to the Commission of the application for the registration of the geographical indication.

Article 35 – paragraph 1 a (new): 1a. An application for the registration of a geographical indication shall be rejected where, in the event that a well-known trade mark exists or given the reputation of that trade mark, the name proposed as a geographical indication is liable to mislead the consumer as to the true identity of the product.

Article 35 – paragraph 3: 3. Without prejudice to paragraph 2 of this Article, a trade mark the use of which contravenes Article 27, which has been applied for, registered, or established by use in good faith within the territory of the Union, if that possibility is provided for by the legislation concerned, before the date on which the application for registration of the geographical indication is submitted to the Commission, may continue to be used and renewed notwithstanding the registration of a geographical indication, provided that no grounds for invalidity or revocation of the trade mark exist under Directive (EU) 2015/2436 or Regulation (EU) 2017/1001. In such cases, the use of the geographical indication, if then registered, and that of the relevant trade mark shall be permitted.

Article 36 – paragraph 1: A registered geographical indication may be used by any operator marketing a product conforming to the corresponding product specification or single document.

Article 37 – paragraph 1 – point a: (a) a symbol identifying protected designations of origin of agricultural products; and

Article 37 – paragraph 1 – point b: (b) a symbol identifying protected geographical indications of agricultural products and geographical indications of spirit drinks.

Article 37 – paragraph 2: 2. In the case of products originating in the Union that are marketed under a geographical indication, the Union symbol associated with it shall appear on the labelling and advertising material. The geographical indication and an indication of the name of the producer shall appear in the same field of vision as the Union symbol. / The country of origin of a primary ingredient, within the meaning of Article 2(2), point (q), of Regulation (EU) No 1169/2011, which is not the same as the country of origin of the geographical indication shall be marked: / (a) with reference to one of the following geographical areas: / (i) ‘EU’, ‘non-EU’ or ‘EU and non-EU’; (ii) region, or any other geographical area either within two or more Member States or within third countries, if defined as such under public international law; / (iii) FAO Fishing area, or sea or freshwater body if defined as such under public international law or well understood by normally informed average consumers; or / (iv) Member State(s) or third country(ies); / (v) region, or any other geographical area within a Member State or within a third country, which is well understood by normally informed average consumers; / (vi) the country of origin or place of provenance in accordance with specific Union provisions applicable to the primary ingredient(s); or / (b) by means of: / (i) the statement ‘(name of the primary ingredient) do/does not originate from (the country of origin of the geographical indication)’; or / (ii) …

Article 37 – paragraph 3: 3. By way of derogation from paragraph (2), in the case of spirit drinks originating in the Union that are marketed under a geographical indication, Union symbols may be omitted from the labelling and advertising material of the product concerned.

Article 37 – paragraph 5 – subparagraph 1: Where agricultural products or spirit drinks are designated by a geographical indication, the indications ‘protected designation of origin’ or ‘protected geographical indication’ may appear on the labelling of agricultural products and the indication ‘geographical indication’ may appear on the labelling of spirit drinks, respectively.

Article 37 – paragraph 6: 6. The Union symbol shall not be placed in association with the name of the food within the meaning of Article 17 of Regulation (EU) No 1169/2011 or in a manner that suggests to the consumer that the processed product rather than the ingredient is the object of registration.

Article 37 – paragraph 7: deleted

Article 37 – paragraph 9: deleted

Article 37 – paragraph 10 – point b: (b) text, graphics or symbols referring to the Member State and the region in which that geographical area of origin is located, provided that such references do not reproduce, even partially, names, or textual, graphic or symbolic elements of other geographical indications protected pursuant to Article 27.

Article 38 – paragraph 2 – introductory part: 2. For the purposes of this Chapter, controls mean:

Article 38 – paragraph 2 – point b: (b) monitoring of the use of geographical indications in the market, including in electronic commerce .

Article 38 – paragraph 3: 3. When performing the controls and enforcement activities provided for in this Title, the responsible competent authorities and product certification bodies in the Member States and in third countries shall comply with the requirements laid down in Regulation (EU) 2017/625, or equivalent legal requirements in third countries.

Article 39 – paragraph 1: 1. Member States shall draw up and make public the list of producers of products designated by a geographical indication entered in the Union register of geographical indications originating in their territory. Member States shall keep that information up to date.

Article 39 – paragraph 2: 2. Producers are responsible for ensuring compliance with the product specification of products designated by geographical indications before the product is placed on the market.

Article 39 – paragraph 3 – introductory part: 3. In addition to internal controls and any other actions to ensure compliance referred to in paragraph 2, prior to placing on the market a product designated by a geographical indication and originating in the Union, third party verification of compliance with the product specification, shall be carried out by:

Article 39 – paragraph 7: 7. The costs of verification of compliance with the product specification may be borne by the operators which are subject to those controls. The Member States shall contribute to those costs.

Article 41 – paragraph 1 – point a: (a) European standard ISO/IEC 17065:2012 ‘Conformity assessment — Requirements for bodies certifying products, processes and services, or European standard ISO/IEC 17020:2012 ‘Conformity assessment — Requirements for the operation of various types of bodies performing inspection’; or