Changes from report parliamentary committee draft to plenary report

Article 27 – paragraph 1 – point c: (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;

Change 23

RemovedArticle 27 – paragraph 2: 2. For the purposes of paragraph (1), point (b), the evocation of a geographical indication shall arise, in particular, where a clear link is present with the product covered by the registered geographical indication in the mind of the reasonably circumspect consumer, thereby exploiting, weakening, diluting or being detrimental to the reputation of the registered name.

AddedArticle 27 – paragraph 2: deleted

Article 27 – paragraph 4 – point a: (a) goods entering the customs territory of the Union without being released for free circulation within that territory;

Change 24

ChangedArticle 27 – paragraph 4 – point a a (new): (aa) goods produced in the Union and destined to be exported to and marketed in third countries; and

Change 25

ChangedArticle 27 – paragraph 4 a (new): 4a. AWhere protectedthe namegeographical shallindication notcontains beone usedor tomore indicatenon-generic thatterms, athe productuse hasof beenone, agedsome inor containers,all includingof casksthem andin barrels,the wheresame or in a productdifferent designatedorder byfrom the geographical indicationone wasregistered originallyshall aged,constitute exceptone inof the eventtypes of anconduct agreementreferred to in writingparagraph with1, thepoints producer(a) group.and (b).

Article 27 – paragraph 5: 5. The group of producers or any operator that is entitled to use the protected designation of origin or protected geographical indication shall be entitled to prevent all third parties from bringing goods, in the course of trade, into the Union without being released for free circulation there, where such goods, including packaging, come from third countries and are in breach of paragraph (1).

Change 26

RemovedArticle 27 – paragraph 7: deleted

AddedArticle 27 – paragraph 7: 7. Where a geographical indication is a compound name which contains a term which is considered to be generic, the use of that term shall not constitute, as a general rule, a conduct referred to inparagraph (1), points (a) and (b).

ChangedArticle 27 – paragraph 7 a (new): 7a. Each Member State shall take appropriate administrative and judicial steps to prevent or stop the unlawful use of protected designations of origin and protected geographical indications, as provided for in paragraph 1, that are produced or marketed in that Member State. / To that end, Member States shall designate the authorities that are responsible for taking those steps in accordance with procedures determined by each individual Member State. / Those authorities shall provide adequate guarantees of objectivity and impartiality, and shall have at their disposal the qualified staff and resources necessary to carry out their functions.

Change 27

ChangedArticle 28 – paragraph 1: 1. The name of a geographical indication used by operators in conformity with Article 36 to indicate that as an ingredient in a processed product may be referred to in the list of ingredients, provided that such use complies with Article 27, that it is made in accordance with honest commercial practices and does not weaken, dilute or is not detrimental to the reputation of the geographical indication.indication, and that it complies with the applicable provisions of Regulation (EU) 2019/787 in respect of spirit drinks.

Change 28

ChangedArticle 28 – paragraph 2: 2. The geographical indication designating a product ingredient shall not be used in the food namename, labelling except the list of ingredients, packaging device or advertising of the related processed product, except in cases of the existence of an agreement in writing including control provisions concluded with the recognised producer group.group, or, where such a group does not exist, the producer group representing a majority of producers, which may establish minimum conditions for the fair usage of the name.

Article 28 – paragraph 3: deleted

Article 29 – paragraph 3: deleted

Article 30 – paragraph 2: 2. 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 for the actual territory, region or place of origin of the products in question is accurate.

Change 29

RemovedArticle 32 – paragraph 1: 1. A producer group shall be set up on the initiative of interested stakeholders, including farmers, farm suppliers, intermediate processors and final processors, as specified by the competent national authorities and according to the nature of the product concerned. / A producer group may also be set up on the initiative of a Member State. / Member States shall verify that the producer group operates in a transparent and democratic manner and that all producers of the product designated by the geographical indication enjoy right of membership in the group.

AddedArticle 31: deleted / (deleted) / (deleted)

AddedArticle 32 – paragraph 1: 1. A producer group shall be set up on the initiative of interested stakeholders, including farmers, farm suppliers, producers and associations of producers, processors, as specified by the relevant national authorities in accordance with their national law, and according to the nature of the product concerned. A producer group may also be set up on the initiative of a Member State. / Member States shall verify that the producer group operates in a transparent and democratic manner via, in particular, internal rules that enable its members to scrutinise it democratically, and that all producers of the product designated by the geographical indication enjoy the right of membership of the group. / Member States may lay down rules to ensure that only one producer group, representing a majority of producers, can operate for each geographical indication and that membership of the producer group and the contribution to costs associated with the exercise of the producer group’s’ powers and the fulfilment of its responsibilities is compulsory for all producers. / Without prejudice to paragraph 2, national authorities may, in accordance with national law, define the tasks, powers and responsibilities granted to a producer group.

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:

Change 30

ChangedArticle 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;

Change 31

ChangedArticle 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;

Change 32

ChangedArticle 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 the sustainability report referred to in Article 12a or in an information system provided by the Commission;

Change 33

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

Change 34

ChangedArticle 32 – paragraph 2 – point d – point iii: (iii)-i carryinga out(new): analyses(-ia) intoestablishing the social, environmental or economic performance, nutritionalminimum profile,conditions andfor organolepticthe profile,usage of the product designatedname byof thea geographical indication;

Change 35

RemovedArticle 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.

AddedArticle 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;

RemovedArticle 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 prices;

AddedArticle 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;

AddedArticle 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;

AddedArticle 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;

Change 36

ChangedArticle 32 – paragraph 2 – point e c (new): (ec) layestablish downthe rulesminimum concerningconditions for the usefair usage of the product designatedname byof a geographical indication as an ingredient,ingredient in particular by: / (i) establishinga minimumprocessed conditionsproduct, forreferred theto usein ofArticle the28(2), nameand ofdetermine the product designated by a geographical indication; and /rules (ii)for requesting a financial contribution from the processor using the name of the product designated by a geographical indication asfor ansuch ingredient.use.

Change 37

RemovedArticle 33 – paragraph 1: 1. Upon a request of a producer group, 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, that are registered or are subject to an application for registration or for product names that are a potential subject for application for registration.

AddedArticle 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.

RemovedArticle 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 and Article 32.

AddedArticle 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.

RemovedArticle 33 – paragraph 2: 2. A producer group may be designated as recognised producer group subject to a prior agreement concluded between a minimum number of the producers of the product bearing a geographical indication, accounting for a minimum volume or value of marketable production, to be laid down by the Member State, of that product in the geographical area referred to in the product specification. As an exception, an authority, as referred to in Article 8(2), and a single producer, as referred to in Article 8(3), shall be deemed to be a recognised producer group.

AddedArticle 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.

Change 38

ChangedArticle 33 – paragraph 22: a2. (new):A 2a.producer Membergroup Statesmay or,be indesignated accordanceas withrecognised anproducer internationalgroup agreementsubject to whicha prior agreement concluded between at least 50 % plus one of the Unionproducers isof the product bearing a contractinggeographical party,indication, thirdaccounting countriesfor maya decideminimum onvolume theor basisvalue of objectivethe andmarketable non-discriminatoryproduction, criteriato be laid down by the Member State concerned, of that producerproduct groupsin alreadythe recognisedgeographical atarea nationalreferred levelto beforein …the [theproduct datespecification. ofAs entryan intoexception, forceMember ofStates thismay Regulation]confer areon an authority, as referred to bein consideredArticle 8(2), and on a single producer, as recognisedreferred producerto groups.in Article 8(3), the powers and responsibilities referred to in paragraph 3 of this Article and in Article 32(2).

Change 39

RemovedArticle 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 prices;

AddedArticle 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.

RemovedArticle 33 – paragraph 3 – point b a (new): (ba) to carry out supervisory activities and prevent fraud, as provided for in Article 42, when such activities have been delegated to them by the competent national authority;

AddedArticle 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:

Change 40

ChangedArticle 33 – paragraph 3 – point c a (new):b: (ca)(b) to establish standardtake value-sharingenforcement clausesactions, withinincluding thefiling meaningapplications offor Articleactions 172awith ofcustom Regulationauthorities, (EU)to Noprevent 1308/2013,or includingcounter marketany bonusesmeasures andor losses,commercial determiningpractices howwhich anyare, evolutionor ofrisk marketbeing, pricesdetrimental forto the productsimage concernedand orvalue otherof relevanttheir commoditiesproducts isincluding todevaluating bemarketing allocatedpractices betweenand members;lowering prices;

Change 41

ChangedArticle 33 – paragraph 3 – point c b a (new): (cb)(ba) to liaise with the Commission in the context of negotiations on international agreements as regardscarry theout protectionsupervisory ofactivities theand geographicalprevent indications;fraud;

Change 42

RemovedArticle 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 that geographical indication.

AddedArticle 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;

RemovedArticle 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 in order to ensure that the conditions for the recognition 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.

AddedArticle 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;

Change 43

ChangedArticle 33 – paragraph 5 a (new):4: 5a.4. Member States or,may inlay accordancedown withrules anto internationalensure agreementthat the contribution to whichcosts associated with the Unionexercise isof apowers contractingand party,responsibilities thirdby countriesthe shallrecognised informproducer group is compulsory for all producers of the Commission,product designated by 31that Marchgeographical ofindication, eachoperating year,in ofthe everygeographical decisionarea referred to grant,in refusethe orproduct annulspecification. recognitionThe ofcontribution ashall producerbe groupproportionate takento duringthe volume or value of the previousmarketable calendarproduction year.of the product bearing that geographical indication.

Change 44

RemovedArticle 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.

AddedArticle 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.

RemovedArticle 34 – paragraph 1: 1. Top-level domain name registries operating in the Union shall, ex-officio or upon the request of a natural or legal person having a legitimate interest or rights, revoke or transfer a domain name registered under such top-level domain to the recognised producer group of the products with the geographical indication concerned, 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.

AddedArticle 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.

RemovedArticle 34 – paragraph 2: 2. Top-level 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.

AddedArticle 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.

AddedArticle 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.

AddedArticle 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.

AddedArticle 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 34 – paragraph 2 a (new): 2a. Paragraphs 1 and 2 of this Article shall apply to core platform services provided or offered by registries to business users established in the Union or to end-users established or located in the Union, irrespective of the place of establishment or residence of the registries and irrespective of the law otherwise applicable to the provision or offer of services, in accordance with Article 1 of Regulation (EU) 2022/ ... [DMA].