Changes from report parliamentary committee draft to plenary report

RemovedArticle 84 – paragraph 2: 2. The power to adopt delegated acts referred to in Article 14(2), Article 19(10), Article 23(7), Article 26(6), Article 34(3), Article 47(1), Article 48(6), Article 48(7), Article 49(4), Article 51(3), Article 55(5), Article 56(2), Article 73(10), Article 69(4), Article 70(2), Article 58(3), Article 62(10), Article 67(3), Article 68(6), Article 76(4), Article 77(1), Article 78(3), Article 78(4), shall be conferred on the Commission for a period of three years from … [the date of entry into force of this Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the seven-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

AddedArticle 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…

AddedRegulation (EU) No 1308/2013

AddedArticle103

AddedArticle 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…

AddedRegulation (EU) No 1308/2013

AddedArticles 104 to 107

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

AddedRegulation (EU) 1308/2013

AddedArticle 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.’;

AddedRegulation (EU) 1308/2013

AddedArticle 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.’;

AddedRegulation (EU) No 1308/2013

AddedArticle 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.’.

AddedRegulation (EU) 2019/787

AddedArticle 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.’;

AddedTwo different percentages would appear on the label in the same field of view. This leads to confusion. For small distillers, the requirement is not feasible without commissioning a laboratory. The alcoholic quantitative ingredient declaration, which is required under spirits law, is sufficient for consumer information. The value-determining ingredients for spirits are the alcoholic ingredients related to the actual alcohol content of the finished product.

AddedRegulation (EU) 2019/787

AddedArticle 83 – paragraph 1 – point 4 a (new), Annex I – point 9 a (new): (4a) In Annex I, the following point is inserted: / ‘9a. Potato spirit / (a) Potato spirit is a spirit drink produced exclusively by alcoholic fermentation and distillation at less than 94,8 % vol. of potato tubers, so that the distillate has an aroma and taste derived from the raw materials used. / (b) The maximum methanol content of potato spirit shall be 1 000 grams per hectolitre of 100 % vol. alcohol. / (c) The minimum alcoholic strength by volume of potato spirit shall be 38 %. / (d) No alcohol, diluted or otherwise, shall be added. / (e) Potato spirit shall not be flavoured. / (f) Potato spirit may only contain added caramel as a means to adapt colour. / (g) Potato spirit may be sweetened in order to give it its final taste. However, the final product may not contain more than 10 grams of sweetening products per litre, expressed as invert sugar.’;

AddedPursuant to Regulation 2019/787, there is no category of spirit drink that covers the production of spirits made from potatoes, with possible distillation up to 94.8% by volume. Spirits resulting from distillation after fermentation of potatoes have a specific taste and aroma, which are different from the taste and aroma of ‘grain spirit’ or ‘fruit spirit’. Such a category of potato spirit should be classified in the group of categories 1-14 of Annex I to Regulation 2019/787.

AddedRegulation (EU) 2019/787

AddedArticle 83 – paragraph 1 – point 4 b (new), Annex I – point 13 a (new): (4b) In Annex I, the following point is inserted: / ‘13a. Bread spirit / (a) Bread spirit is a spirit drink produced exclusively by alcoholic fermentation and distillation at less than 86 % vol. of fresh bread, so that the resulting distillate has an aroma and taste derived from the raw materials used. / (b) The minimum alcoholic strength by volume of bread spirit shall be 38 %. / (c) No alcohol, diluted or otherwise, shall be added. / (d) Bread spirit shall not be flavoured. / (e) Bread spirit may only contain added caramel as a means to adapt colour. / (f) Bread spirit may be sweetened in order to give it its final taste. However, the final product may not contain more than 20 grams of sweetening products per litre, expressed as invert sugar.’;

AddedAccording to Regulation 2019/787, spirit drinks must be produced from agricultural raw materials. Bread is not included in this list. In order to allow the production of spirit drinks from fresh bread, it is necessary to introduce a new category. Such a category should be similar to the ‘beer spirit’ category (category 13 of Annex I to Regulation 2019/787). Beer is also not included in Annex I to the Treaty. Such a category of bread spirit should be regulated among the group of categories 1-14 of Annex I to Regulation 2019/787.

AddedArticle 84 – paragraph 2: 2. The power to adopt delegated acts referred to in Article 14(2), Article 19(10), Article 23(7), Article 34(3), Article 47(1), Article 48(7), Article 49(4), Article 50 (3b), Article 51(3), Article 55(5), Article 56(2), Article 73(10), Article 69(4), Article 70(2), Article 58(3), Article 62(10), Article 67(3), Article 68(6), Article 76(4), Article 77(1), Article 78(3), Article 78(4), shall be conferred on the Commission for a period of three years from ... [the date of entry into force of this Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the three-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

AddedAnnex II – paragraph 1 – point i a (new): (ia) cigars,

Added31.1.2023