Changes from plenary report to adopted text

Regulation (EU) No 1308/2013

Article 81 – paragraph 1 – point 2, Article 94 – paragraph 2: 2. The product specification may contain sustainability undertakings within the meaning of Article 94a.

Regulation (EU) No 1308/2013

Article 81 – paragraph 1 – point 2 a (new), Article 94 a (new): (2 a) The following Articles are inserted: / ‘Article 94a / Sustainability undertakings / 1. For the purpose of this Article, a ‘sustainability undertaking’ refers to an undertaking which contributes to one or more social, environmental or economic objectives, including: / (a) climate change mitigation and adaptation, including energy efficiency and decrease water consumption; / (b) preservation and sustainable use of soil, landscapes and natural resources; / (c) improving soil fertility; / (d) preservation of biodiversity and plant varieties; / (e) transition to a circular economy; / (f) reduction of the use of pesticides; / g) reduction of greenhouse gas (GHG) emissions; / (h) securing viable income and improving resilience for producers of products benefiting from a protected designation of origin or a protected geographical indication; / (i) improving the quality and the economic value of products benefiting from a protected designation of origin or a protected geographical indication, and redistributing added value across the supply chain; / (j) contributing to the diversification of activities promoting the rural economy; / (k) promoting local agricultural production, and preserving the rural fabric and local development, including agricultural employment; / (l) attracting and sustaining young producers of products benefiting from a protected designation of origin or a protected geographical indication and new producers of products benefiting from a protected designatio…

Regulation (EU) No 1308/2013

Article 81 – paragraph 1 – point 2 a (new), Article 94 b (new): Article 94b / Sustainability report / 1. Producer groups may prepare a sustainability report based on internal audit activities, comprising a description of existing sustainable practices implemented in the production of the product, of the impacts of the method of obtaining the product on sustainability, in terms of social, environmental, or economic commitments, and information necessary to understand how sustainability affects the development, performance and position of the product. / The sustainability report may be updated to take account in particular of progress compared with the outcome of previous internal audit activities. / 2. The Commission may adopt implementing acts setting out a harmonised format and the online presentation of the report provided for in paragraph 1 of this Article, contributing to the aim of sharing and replicating sustainable practices, including through advisory services and the development of a network for the exchange of such practices. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 53(2).’;

Regulation (EU) No 1308/2013

Article 81 – paragraph 1 – point 3, Article 95: (3) Articles 95 to 99 are deleted;

Regulation (EU) No 1308/2013

Article 81 – paragraph 1 – point 3 a (new), Article 100: (3 a) Article 100 is replaced by the following: / 1. A protected designation of origin or a protected geographical indication that has been applied for after a wholly or homonymous protected designation of origin or a protected geographical indication had been applied for or protected in the Union, shall not be registered unless there is sufficient distinction in practice between the conditions of local and traditional usage and the presentation of the two homonymous indications, taking into account the need to ensure equitable treatment of the producers concerned and that consumers are not misled as to the true identity or geographical origin of the products. / A wholly or partly homonymous name which is suggestive of another product or 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 those products is concerned. / (deleted) / 1a. For the purposes of this Article, a homonymous protected designation of origin or a protected geographical indication applied for or protected in the Union refers to: / (a) protected designations of origin or protected geographical indications that are entered in the Union register of geographical indications; / (b) protected designations of origin or protected geographical indications that have been applied for provided that they are subsequently entered in the Union register of geographical indications; /…

Regulation (EU) No 1308/2013

Article 81 – paragraph 1 – point 3 b (new), Article 102: (3b) Articles 102 and 103 are replaced by the following: / 1. An application for the registration of a trade mark the use of which would contravene Article 103, 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 protected designation of origin or the protected geographical indication. / (deleted) / 1a. Any registration in the name of a person other than the producer group of a trade mark incorporating, imitating or evoking the name protected by a geographical indication shall be rejected. / 1b. Trade marks registered in breach of paragraph 1 shall be invalidated by EUIPO and, when applicable, the competent national authorities. / 2. Without prejudice to paragraph 3 of this Article, a trade mark the use of which contravenes Article 103, 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 protected designation of origin or protected geographical indication is submitted to the Commission, may continue to be used and renewed notwithstanding the registration of a protected designation of origin or a protected geographical indication, provided that no grounds for invalidity or revocation of the trade mark exist under Directive (EU) 2015/2436 of the European Parliament a…

Regulation (EU) No 1308/2013

Article103

Article 81 – paragraph 1 – point 3 b (new): (deleted) / 2. Designations of origin or geographical indications entered in the Union register of protected designations of origin or protected geographical indications shall be protected against: / (a) any direct or indirect commercial use of the protected designation of origin or protected geographical indication in respect of products not covered by the registration, where those products are comparable to the products registered under that name or where use of a name exploits, weakens, dilutes, or is detrimental to the reputation of, the protected name, including where those products are used as ingredients; / (deleted) / (deleted) / (b) any misuse, counterfeiting, imitation or evocation, even if the true origin of the products or services is indicated or if the protected name is translated, transcribed, transliterated or accompanied by an expression such as ‘style’, ‘type’, ‘method’, ‘as produced in’, ‘imitation’, ‘flavour’, ‘like’ or similar, including where those products are used as ingredients. / (c) any other false or misleading indication as to the provenance, origin, nature or essential qualities of the product that is used on the inner or outer packaging, advertising material, documents or information provided on websites or on domain names relating to the product concerned, and the packing of the product in a container liable to convey a false impression as to its origin; / 2a. Paragraph 1 shall also apply to a domain name containing or consisting of the registe…

Regulation (EU) No 1308/2013

Articles 104 to 107

Article 81 – paragraph 1 – point 3 c (new): (3c) Articles 104 to 106 and Article 107 are deleted;

Regulation (EU) 1308/2013

Article 81 – paragraph 1 – point 3 d (new), Article 113 – paragraph -1 (new): (3d) In Article 113, the following paragraph is inserted: / ‘-1. A traditional term shall be comprised in the product specification of the product marketed under a designation of origin or a geographical indication.’;

Regulation (EU) 1308/2013

Article 81 – paragraph 1 – point 3 e (new), Article 113 a (new): (3e) The following Article is inserted: / ‘Article 113a / Relationship with designations of origin and geographical indications / 1. The registration of a traditional term the use of which would contravene Article 27 of Regulation ... /... (the new GI Regulation) shall be rejected if the application for registration of the traditional term is submitted after the date of submission to the Commission of the application for the registration of the designation of origin or of the geographical indication. / 2. Traditional terms registered in breach of paragraph 1 shall be invalidated by the Commission and, where applicable, the competent national authorities.’;

Regulation (EU) No 1308/2013

Article 81 – paragraph 1 – point 3 f (new), Article 120 – paragraph 1 – point g a (new): (3f) in Article 120(1), the following point is added: / (ga) the abbreviations ‘PDO’ or ‘PGI’, corresponding to the indications ‘protected designation of origin’ or ‘protected geographical indication.’.

Regulation (EU) 2019/787

Article 83 – paragraph 1 – point 1 a (new), Article 13 – paragraph 4 a (new): (1a) In Article 13, the following paragraph is inserted: / ‘4a. For spirit drinks marketed under a compound name as referred to in Article 11, a label as referred to in Article 12, as a mixture as referred to in paragraph 3 of this Article or as a combination as referred to in paragraph 3a of this Article, the indication of the quantity of ingredients mentioned in compound terms, as allusion(s), in mixtures or in combinations shall not be required in accordance with Regulation (EU) No 1169/2011.’;