pr_cod_1amcom · web viewthis change would introduce the word ‘production’ into the recital...

European Parliament2014-2019

Plenary sitting

A8-0021/2018

2.2.2018

***IREPORTon the proposal for a regulation of the European Parliament and of the Council on the definition, presentation and labelling of spirit drinks, the use of the names of spirit drinks in the presentation and labelling of other foodstuffs and the protection of geographical indications for spirit drinks(COM(2016)0750 – C8-0496/2017 – 2016/0392(COD))

Committee on the Environment, Public Health and Food Safety

Rapporteur: Pilar Ayuso

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EN United in diversity EN

PR_COD_1amCom

Symbols for procedures

* Consultation procedure*** Consent procedure

***I Ordinary legislative procedure (first reading)***II Ordinary legislative procedure (second reading)

***III Ordinary legislative procedure (third reading)(The type of procedure depends on the legal basis proposed by the draft act.)

Amendments to a draft act

Amendments by Parliament set out in two columnsDeletions are indicated in bold italics in the left-hand column. Replacements are indicated in bold italics in both columns. New text is indicated in bold italics in the right-hand column.The first and second lines of the header of each amendment identify the relevant part of the draft act under consideration. If an amendment pertains to an existing act that the draft act is seeking to amend, the amendment heading includes a third line identifying the existing act and a fourth line identifying the provision in that act that Parliament wishes to amend.Amendments by Parliament in the form of a consolidated textNew text is highlighted in bold italics. Deletions are indicated using either the ▌symbol or strikeout. Replacements are indicated by highlighting the new text in bold italics and by deleting or striking out the text that has been replaced.By way of exception, purely technical changes made by the drafting departments in preparing the final text are not highlighted.

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CONTENTS

Page

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION.................................5

EXPLANATORY STATEMENT............................................................................................88

OPINION OF THE COMMITTEE ON INTERNATIONAL TRADE....................................89

OPINION OF THE COMMITTEE ON AGRICULTURE AND RURAL DEVELOPMENT.................................................................................................................................................111

PROCEDURE – COMMITTEE RESPONSIBLE.................................................................160

FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE..................................161

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DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a regulation of the European Parliament and of the Council on the definition, presentation and labelling of spirit drinks, the use of the names of spirit drinks in the presentation and labelling of other foodstuffs and the protection of geographical indications for spirit drinks(COM(2016)0750 – C8-0496/2017 – 2016/0392(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

– having regard to the Commission proposal to Parliament and the Council (COM(2016)0750),

– having regard to Article 294(2) and Article 43(2) and Article 114(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0496/2017),

– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

– having regard to the opinion of the European Economic and Social Committee of 29 March 20171,

– having regard to Rule 59 of its Rules of Procedure,

– having regard to the report of the Committee on the Environment, Public Health and Food Safety and the opinions of the Committee on International Trade and the Committee on Agriculture and Rural Development (A8-0021/2018),

1. Adopts its position at first reading hereinafter set out;

2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Amendment 1

Proposal for a regulationRecital 3

Text proposed by the Commission Amendment

(3) The measures applicable to spirit drinks should contribute to attaining a high level of consumer protection, preventing

(3) The measures applicable to spirit drinks should contribute to attaining a high level of consumer protection, removing

1 Not yet published in the Official Journal.

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deceptive practices and attaining market transparency and fair competition. They should safeguard the reputation which the Union’s spirit drinks have achieved in the Union and on the world market by continuing to take into account the traditional practices used in the production of spirit drinks as well as increased demand for consumer protection and information. Technological innovation should also be taken into account in respect of spirit drinks, where such innovation serves to improve quality, without affecting the traditional character of the spirit drinks concerned. The production of spirit drinks is strongly linked to the agricultural sector. Besides representing a major outlet for the agriculture of the Union, this link is determinant for the quality and reputation of the spirit drinks produced in the Union. This strong link to the agricultural sector should therefore be emphasised by the regulatory framework.

information asymmetry, preventing deceptive practices and attaining market transparency and fair competition. They should safeguard the reputation which the Union’s spirit drinks have achieved in the Union and on the world market by continuing to take into account the traditional practices used in the production of spirit drinks as well as increased demand for consumer protection and information. Technological innovation should also be taken into account in respect of spirit drinks, where such innovation serves to improve quality, without affecting the traditional character of the spirit drinks concerned. The production of spirit drinks is governed by Regulation (EC) No 178/2002 of the European Parliament and the Council1a , Regulation (EU) No 1169/2011 of the European and the Council1b and Regulation (EU) 2017/625of the European Parliament and the Council1c, and is strongly linked to the agricultural sector. Besides representing a major outlet for the agriculture of the Union, this link is determinant for the quality, safety and reputation of the spirit drinks produced in the Union. This strong link to the agri-food sector should therefore be emphasised by the regulatory framework.

____________________________1a Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety1b Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive

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90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/20041c Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC

Amendment 2

Proposal for a regulationRecital 3 a (new)


(3a) The measures applicable to spirit drinks constitute a special case compared with the general rules laid down for the agri-food sector. The special features in this instance relate to the fact that traditional production methods continue to be kept alive, that spirit drinks are closely linked with the agricultural sector, the use of high-quality products, and the

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commitment to protecting consumer safety, which the spirit drinks sector is promising never to abandon.

Amendment 3



(4) To ensure a more uniform approach in the legislation on spirit drinks, this Regulation should set out clear criteria for the definition, presentation and labelling of spirit drinks as well as for the protection of geographical indications. It should also set out rules on the use of ethyl alcohol or distillates of agricultural origin in the production of alcoholic beverages and on the use of the sales denominations of spirit drinks in the presentation and labelling of foodstuffs.

(4) To ensure a more uniform approach in the legislation on spirit drinks, this Regulation should set out clear criteria for the definition, presentation and labelling of spirit drinks as well as for the protection of geographical indications, without prejudice to the diversity of the official languages and alphabets in the Union. It should also set out rules on the use of ethyl alcohol or distillates of agricultural origin in the production of alcoholic beverages and on the use of the sales denominations of spirit drinks in the presentation and labelling of foodstuffs.

Amendment 4



(13) In order to provide consumers with the adequate information, provisions on the presentation and labelling of spirit drinks which qualify for mixtures of spirit drinks should be laid down.

(13) In order to provide consumers with the adequate information, as established by Regulation (EU) No/2011, provisions on the presentation and labelling of spirit drinks which qualify for mixtures of spirit drinks should be laid down.

Amendment 5



(15) In some cases, food business operators may be required or may want to

(15) In some cases, food business operators may be required or may want to

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indicate the origin of spirit drinks to draw consumers’ attention to the qualities of their product. Such origin indications should comply with harmonised criteria. Therefore, specific provisions on the indication of the country of origin or place of provenance in the presentation and labelling of spirit drinks should be laid down.

indicate the origin of spirit drinks to draw consumers’ attention to the qualities of their product. Therefore, specific provisions on the indication of the country of origin or place of provenance in the presentation and labelling of spirit drinks should be laid down.

Amendment 6



(17) Concerning the protection of geographical indications, it is important to have due regard to the Agreement on Trade-Related Aspects of Intellectual Property Rights (‘TRIPS Agreement’), and in particular Articles 22 and 23 thereof, and to the General Agreement on Tariffs and Trade (‘GATT Agreement’) which were approved by Council Decision 94/800/EC.12

(17) Concerning the protection of geographical indications, it is important to have due regard to the Agreement on Trade-Related Aspects of Intellectual Property Rights (‘TRIPS Agreement’), and in particular Articles 22 and 23 thereof, and to the General Agreement on Tariffs and Trade (‘GATT Agreement’) which were approved by Council Decision 94/800/EC12. In order to enhance protection and to combat counterfeiting more effectively, such protection should also apply with regards to goods which are in transit through the Union Customs territory.

__________________ __________________12 Council Decision 94/800/EC of 22 December 1994 concerning the conclusion on behalf of the European Community, as regards matters within its competence, of the agreements reached in the Uruguay Round multilateral negotiations (1986-1994) (OJ L 336, 23.12.1994, p. 1).

12 Council Decision 94/800/EC of 22 December 1994 concerning the conclusion on behalf of the European Community, as regards matters within its competence, of the agreements reached in the Uruguay Round multilateral negotiations (1986-1994) (OJ L 336, 23.12.1994, p. 1).

Amendment 7



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(18) Regulation (EU) No 1151/2012 of the European Parliament and of the Council13does not apply to spirit drinks. Rules on protection of geographical indications of spirit drinks should therefore be laid down. Geographical indications identifying spirit drinks as originating in the territory of a country, or a region or locality in that territory, where a given quality, reputation or other characteristic of the spirit drink are essentially attributable to its geographical origin should be registered by the Commission.

(18) Regulation (EU) No 1151/2012 of the European Parliament and of the Council13 does not apply to spirit drinks. Rules on protection of geographical indications of spirit drinks should therefore be laid down. Geographical indications identifying spirit drinks as originating in the territory of a country, or a region or locality in that territory, where a given quality, reputation, traditional method of processing and production, or other characteristic of the spirit drink is essentially attributable to its geographical origin, should be registered by the Commission.

_________________ _________________13 Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (OJ L 343, 14.12.2012, p. 1).

13 Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (OJ L 343, 14.12.2012, p. 1).

Amendment 8



(18a) It is appropriate that spirit drinks with a geographical indication that are based on wines without indication of origin protection, and are registered in accordance with this Regulation, should benefit from the same management tools concerning production potential as those that are available under Regulation (EU) No 1308/2013 of the European Parliament and of the Council1a.

_______________________1a Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing

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Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007

Justification

The rapporteur proposes aligning the regulation with the draft opinion on the so called Omnibus proposal for a regulation of the European Parliament and of the Council on the financial rules applicable to the general budget of the Union, as adopted by the Agriculture Committee of the European Parliament on 3 May 2017.

Amendment 9



(19) Procedures for the registration, modification and possible cancellation of Union or third country geographical indications in accordance with the TRIPS Agreement should be laid down whilst automatically recognising the status of existing protected geographical indications of the Union. In view of making procedural rules on geographical indications consistent through all the sectors concerned, such procedures for spirit drinks should be modelled on the more exhaustive and well tested procedures for agricultural products and foodstuffs laid down in Regulation (EU) No 1151/2012 while taking into account specificities of spirit drinks. In order to simplify the registration procedures and to ensure that information for food business operators and consumers is electronically available an electronic register of geographical indications should be established.

(19) Procedures for the registration, modification and possible cancellation of Union or third country geographical indications in accordance with the TRIPS Agreement should be laid down whilst automatically recognising the status of existing registered geographical indications of the Union. In view of making procedural rules on geographical indications consistent through all the sectors concerned, such procedures for spirit drinks should be modelled on similar procedures used for agricultural products and foodstuffs laid down in Regulation (EU) No 1151/2012 while taking into account specificities of spirit drinks. In order to simplify the registration procedures and to ensure that information for food business operators and consumers is electronically available a transparent, comprehensive and easily accessible electronic register of geographical indications with the same legal value as Annex III to Regulation (EC) No 110/2008 should be established. Geographical indications registered under Regulation (EC) No 110/2008 should automatically be registered by the Commission. The Commission should complete the verification of geographical

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indications contained in Annex III to Regulation (EC) No 110/2008, in accordance with Article 20 of that Regulation, before the entry into force of this Regulation.

Amendment 10



(20) Member State authorities should be responsible for ensuring compliance with this Regulation, and the Commission should be able to monitor and verify such compliance. Therefore the Commission and the Member States should be required to share relevant information with each other.

(20) Preserving a high standard of quality is essential if the spirit drinks sector's reputation and value are to be maintained. Member State authorities should be responsible for ensuring that the standard is preserved through compliance with this Regulation. The Commission should, however, be able to monitor and verify such compliance in order to ascertain that it is being uniformly enforced. Therefore the Commission and the Member States should be required to share relevant information with each other.

Amendment 11



(21) In applying a quality policy and in order to allow for a high level of quality of spirit drinks and diversity in the spirit drinks sector, Member States should be allowed to adopt rules on the definition, presentation and labelling of spirit drinks produced in their territory that are stricter than those laid down in this Regulation.

(21) In applying a quality policy and in order to allow for a high level of quality of spirit drinks and diversity in the spirit drinks sector, Member States should be allowed to adopt rules on the production, definition, presentation and labelling of spirit drinks produced in their territory that are stricter than those laid down in this Regulation.

Justification

This change would introduce the word ‘production’ into the Recital which brings it in line with the rest of the draft Regulation.

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Amendment 12



(21a) In its March 2017 report regarding the mandatory labelling of the list of ingredients and the nutrition declaration of alcoholic beverages, the Commission stated that it had not identified objective grounds that would justify the absence of information on ingredients and nutrition information and invited the industry to develop, within a year, a self-regulatory proposal aimed at providing information on ingredients and nutrition of all alcoholic beverages. In order to ensure a high level of consumer protection, the self-regulatory approach should, as a minimum, ensure that ingredients and nutritional information are provided on-label and that such information complies with requirements on ‘Voluntary Food Information’ as set out in Regulation (EU) No 1169/2011. The Commission should assess the industry's proposal in a report, accompanied, if appropriate, by a legislative proposal.

Amendment 13



(22) In order to take into account evolving consumer demands, technological progress, developments in the relevant international standards and the need to improve the economic conditions of production and marketing, the traditional ageing processes and, in exceptional cases, the law of the importing third countries, and in order to ensure the protection of geographical indications, the power to adopt acts in accordance with Article 290

(22) In order to take into account evolving consumer demands, technological progress, developments in the relevant international standards and the need to improve the economic conditions of production and marketing, the traditional ageing processes and, in exceptional cases, the law of the importing third countries, and in order to ensure the full protection of geographical indications, while taking into account the importance of traditional

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of the Treaty should be delegated to the Commission in respect of the amendment of or derogations from the technical definitions and requirements of the categories of spirit drinks and the specific rules concerning some of them referred to under Chapter I of this Regulation, the labelling and presentation referred to under Chapter II of this Regulation, the geographical indications referred to under Chapter III of this Regulation and the checks and exchange of information referred under Chapter IV of this Regulation.

practices, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of the amendment of or derogations from the technical definitions and requirements of the categories of spirit drinks and the specific rules concerning some of them referred to under Chapter I of this Regulation, the labelling and presentation referred to under Chapter II of this Regulation the geographical indications referred to under Chapter III of this Regulation and the checks and exchange of information referred under Chapter IV of this Regulation.

Amendment 14



(23) In order to react rapidly to economic and technological developments regarding spirit drinks covered by this Regulation for which no category and technical specifications exist so as to protect consumers and the economic interests of producers and unify the given production and quality requirements for those spirit drinks, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission as regard the addition, subject to certain conditions, of new categories of spirit drinks to those listed respectively in Part I and II of Annex II to this Regulation and the technical specifications thereof.

deleted

Amendment 15

Proposal for a regulationArticle 2 – paragraph 1 – point 1 – point d – point i – introductory part


(i) either directly by using any of the (i) either directly by using any of the

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following methods: following methods, individually or in combination:

Justification

In order to ensure that the flexibility provided by "and/or" of Regulation (EC) No 110/2008 is maintained in the new Regulation.

Amendment 16

Proposal for a regulationArticle 2 – paragraph 1 – point 1 – point d – point i – indent 2


- the maceration or similar processing of plant materials in ethyl alcohol of agricultural origin, distillates of agricultural origin or spirit drinks or a mixture thereof within the meaning of this Regulation,

- the maceration or similar processing of plant materials in ethyl alcohol of agricultural origin, distillates of agricultural origin or spirit drinks or a combination thereof within the meaning of this Regulation,

Justification

In order to avoid any confusion with the definition of mixture in Article 2 paragraph 1 point 3.

Amendment 17

Proposal for a regulationArticle 2 – paragraph 1 – point 1 – point d – point i – indent 3 – introductory part


- the addition to ethyl alcohol of agricultural origin, distillates of agricultural origin or spirit drinks of any of the following:

- the addition to ethyl alcohol of agricultural origin, distillates of agricultural origin or spirit drinks of one or more of the following:

Justification

The definitions of a 'spirit drink' have not been correctly incorporated from Regulation (EC) No 110/2008 and its implementing Regulation (EC) No 716/2013. The rapporteur proposes to correct certain definitions resulting from Regulation (EC) No 110/2008.

Amendment 18

Proposal for a regulationArticle 2 – paragraph 1 – point 1 – point d – point ii – introductory part

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(ii) by adding to a spirit drink any of the following:

(ii) by adding to a spirit drink any of the following, individually or in combination:

Justification

In order to ensure that the flexibility provided by "and/or" of Regulation (EC) No 110/2008 is maintained in the new Regulation.

Amendment 19

Proposal for a regulationArticle 2 – paragraph 1 – point 1 – point d – point ii – indent 4 a (new)


- drinks;

Amendment 20

Proposal for a regulationArticle 2 – paragraph 1 – point 3 – introductory part


(3) ‘mixture’ means a spirit drink listed in Part I of Annex II or corresponding to a geographical indication mixed with any of the following:

(3) ‘mixture’ means a spirit drink listed in Part I of Annex II or corresponding to a geographical indication mixed with one or more of the following:

Amendment 21

Proposal for a regulationArticle 2 – paragraph 1 – point 3 – point b a (new)


(ba) ethyl alcohol of agricultural origin.

Justification

The rapporteur proposes to clarify the definition of a mixture, to simplify the rules on labelling and to make the regulation applicable by the operators and the inspection services.

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Amendment 22



(4) ‘compound term’ means the combination of the terms of a sales denomination of a spirit drink provided for in Part I of Annex II or the terms of a geographical indication, describing a spirit drink, from which all the alcohol of the final product originates, with any of the following:

(4) ‘compound term’ means the combination of the terms of a sales denomination of a spirit drink provided for in Part I of Annex II or the terms of a geographical indication, describing a spirit drink, from which all the alcohol of the final product originates, with one or more of the following:

Justification


Amendment 23

Proposal for a regulationArticle 2 – paragraph 1 – point 6


(6) ‘geographical indication’ means an indication which identifies a spirit drink as originating in the territory of a country, or a region or locality in that territory, where a given quality, reputation or other characteristic of that spirit drink is essentially attributable to its geographical origin;

(6) ‘geographical indication’ means a name that has been registered in accordance with this Regulation, which identifies a spirit drink as originating in the territory of a country, or a region or locality in that territory, where a given quality, reputation or other characteristic of that spirit drink is essentially attributable to its geographical origin;

Amendment 24



(7) ‘product specification’ means a file attached to the application for the protection of a geographical indication

(7) ‘product specification’ means a file attached to the application for the protection of a geographical indication

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setting out the specifications which the spirit drink must comply with;

setting out the specifications which the spirit drink must comply with and corresponding to the "technical file" referred to in Regulation (EC) No 110/2008;

Amendment 25

Proposal for a regulationArticle 2 – paragraph 1 – point 11 a (new)


(11a) ‘group’ means a pool of producers, processors or importers of spirit drinks which are organised in a sector-specific manner and generate a significant turnover;

Amendment 26

Proposal for a regulationArticle 2 – paragraph 1 – point 11 b (new)


(11b) ‘of agricultural origin’ means obtained from agricultural products listed in Annex I to the TFEU or fermented alcoholic beverages originating exclusively from such products.

Justification

The current regulation 110/2008 allows the use of alcohol obtained from wine for the production of spirit drinks, as wine is listed as an agricultural good in Annex I to the Treaty (point 22.05). This adaptation would also allow the use of alcohol from other fermented alcoholic beverages that are exclusively made from agricultural products listed in Annex I, which is currently not admissible.

Amendment 27

Proposal for a regulationArticle 3 – paragraph 1


1. The alcohol used in the production of alcoholic beverages and to dilute or

1. The alcohol used in the production of spirit drinks and to dilute or dissolve

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dissolve colours, flavourings or any other authorised additives used in the preparation of alcoholic beverages shall be ethyl alcohol of agricultural origin.

colours, flavourings or any other authorised additives used in the preparation of spirit drinks shall be ethyl alcohol of agricultural origin or derived from beer.

Justification

To be consistent with Regulation (EC) No 110/2008. This Regulation refers to spirit drinks, other alcoholic beverages are subject to sector-specific legislation.

Amendment 28



2. Distillates used in the production of alcoholic beverages and to dilute or dissolve colours, flavourings or any other authorised additives used in the preparation of alcoholic beverages shall exclusively be of agricultural origin.

2. Distillates used in the production of spirit drinks and to dilute or dissolve colours, flavourings or any other authorised additives used in the preparation of spirit drinks shall exclusively be of agricultural origin or derived from beer.

Justification

To be consistent with Regulation (EC) No 110/2008. This Regulation refers to spirit drinks, other alcoholic beverages are subject to sector-specific legislation.

Amendment 29

Proposal for a regulationArticle 3 – paragraph 2 a (new)


2a. Where ethyl alcohol or distillates of agricultural origin are to be marketed, the raw materials from which they have been obtained shall be specified in their electronic accompanying documents.

Justification

This amendment has the purpose of introducing a requirement to specify in the electronic accompanying documents what raw materials were used in the production of ethyl alcohol or distillates of agricultural origin. These products can be used to produce other spirit drinks in which the alcohol or distillates have to be obtained from given raw materials only, as in the case of wine distillate used in the production of brandy. The indication of the raw materials

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will thus ensure full traceability and prevent the rules from being circumvented.

Amendment 30

Proposal for a regulationArticle 4 – paragraph 1 – point e


(e) solely be sweetened in accordance with point (3) of Annex I and in order to round off the final taste of the product.

(e) not be sweetened except to round off the final taste of the product. The maximum content of sweetening products expressed as invert sugar shall not exceed the thresholds set out for each category in Annex II.

Amendment 31



(e) be sweetened to correspond to particular product characteristics and in accordance with point (3) of Annex I and taking into account the relevant legislation of the Member States.

(e) be sweetened.

Amendment 32



(e) be sweetened to correspond to particular product characteristics and in accordance with point (3) of Annex I.

(e) be sweetened.

Amendment 33

Proposal for a regulationArticle 5


Article 5 Article 5Delegated powers Delegated powers

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1. The Commission shall be empowered to adopt delegated acts in accordance with Article 43 concerning:


(a) the amendment of the technical definitions provided for in Annex I;

(a) the amendment of the technical definitions provided for in Annex I.

(b) the amendment of the requirements of the categories of spirit drinks provided for in Part I of Annex II and the specific rules concerning certain spirit drinks listed in Part II of Annex II.

The delegated acts referred to in points (a) and (b) of the first subparagraph shall be limited to meeting demonstrated needs resulting from evolving consumer demands, technological progress, developments in relevant international standards or needs for product innovation.

The delegated acts referred to in point (a) of the first subparagraph shall, while allowing for the importance of traditional practice within Member States be limited to meeting demonstrated needs resulting from evolving consumer demands, technological progress, developments in relevant international standards or needs for product innovation.

2. The Commission shall be empowered to adopt delegated acts in accordance with Article 43 concerning the addition of new categories of spirit drinks in Annex II.

A new category may be added under the following conditions:

(a) the marketing of a spirit drink under a particular name and in accordance with uniform technical specifications is economically and technically necessary to protect the interests of consumers and producers;

(b) a spirit drink has a significant market share in at least one Member State;

(c) the name chosen for the new category shall either be a widely used name or where this is not possible be of a descriptive nature, in particular, by referring to the raw material used for the production of the spirit drink;

(d) the technical specifications for the new category shall be laid down and based on an evaluation of existing quality

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and production parameters used on the Union market. When laying down the technical specifications, the applicable Union consumer protection legislation shall be respected and account shall be taken of any relevant international standards. They shall ensure fair competition amongst union producers as well as the high reputation of Union spirit drinks.

3. The Commission shall, in exceptional cases where the law of the importing third country so requires, also be empowered to adopt delegated acts in accordance with Article 43 concerning derogations from the requirements under the technical definitions provided for in Annex I, the requirements under the categories of spirit drinks provided for in Part I of Annex II and the specific rules concerning certain spirit drinks listed in Part II of Annex II.


Amendment 34



1a. The names of raw materials or plant names which are reserved for the designation of drinks belonging to certain spirit drink product categories may be used in the description and presentation of all foods, including spirit drinks, provided that, in particular in the case of spirits, it is ensured that consumers are not misled.

Justification

EU law on spirit drinks reserves the designations ‘gentian’, ‘Kirsch’ and ‘Kümmel’, for example, for certain categories of spirit drinks. Raw materials or plant names are used for a range of foodstuffs which are not spirit drinks, such as gentian tea and cherry cake. Within the spirits sector too, it must be possible, for example, for gentian to be indicated on the label as an ingredient if it is used in the production of a herbal liqueur.

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Amendment 35



3. Where a spirit drink meets the requirements of more than one of the categories of spirit drinks 15 to 47 of Part I of Annex II, it may be sold under one or more of the relevant sales denominations provided for under those categories.

3. Where a spirit drink meets the requirements of more than one of the categories of spirit drinks listed in Part I of Annex II, it may be placed on the market under one or more of the sales denominations provided for under those categories.

Amendment 36

Proposal for a regulationArticle 8 – paragraph 4 – subparagraph 2 – introductory part


If a sales denomination is supplemented or replaced in accordance with point (a) of the first subparagraph, the geographical indication referred to in that point may only be supplemented either:

If a legal name is supplemented or replaced in accordance with point (a) of the first subparagraph, the geographical indication referred to in that point may only be supplemented either:

Amendment 37

Proposal for a regulationArticle 8 – paragraph 4 – subparagraph 2 – point a


(a) by terms already in use on 20 February 2008 for existing geographical indications within the meaning of Article 34(1); or

(a) by terms already in use on 20 February 2008 for existing geographical indications within the meaning of Article 34(1), including the terms traditionally used in Member States to indicate that a product has a protected designation of origin under national law; or

Justification

The rapporteur proposes to secure the respect of each Member State's own quality protection systems.

Amendment 38

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Proposal for a regulationArticle 8 – paragraph 4 – subparagraph 2 – point b


(b) by terms indicated in the relevant product specification.

(b) by any terms permitted by the relevant product specification.

Justification

Section 9 of the Irish Poteen/Irish Poitín Technical File allows for the use of either Irish Poitín or Irish Poteen. This amendment is in order to be consistent with the technical file and keep this option of using the either spelling.

Amendment 39

Proposal for a regulationArticle 9 – paragraph 1 – point a


(a) the alcohol used in the production of the foodstuffs originates exclusively from the spirit drinks referred to in the compound term or in the allusion(s), except for ethyl alcohol that may be present in flavourings used for the production of that foodstuff; and

(a) the alcohol used in the production of the foodstuffs originates exclusively from the spirit drinks referred to in the compound term or in the allusion(s), except for ethyl alcohol of agricultural origin that may be used as a carrier for flavourings used for the production of that foodstuff; and

Justification

It should be specifically ensured that only ethyl alcohol of agricultural origin that can be used as the carrier for any flavourings used in the production of the foodstuff as well as that it is only permitted as a carrier for flavourings and cannot be used per se.

Amendment 40



5. The allusion to any spirit drink category or geographical indication, for the presentation of a foodstuff, shall not be in the same line as the sales denomination. Without prejudice to the second subparagraph of Article 10(3), for the

5. Without prejudice to Article 13(1) of Regulation (EU) No 1169/2011, the allusion to any spirit drink category or geographical indication, for the presentation of a foodstuff, shall not be in the same line as the sales denomination.

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presentation of alcoholic beverages, the allusion shall appear in a font size smaller than those used for the sales denomination and compound term.

Without prejudice to the second subparagraph of Article 10(3) of this Regulation, for the presentation of alcoholic beverages, the allusion shall appear in a font size smaller than those used for the sales denomination and compound term.

Justification

See wording of Article 13, Paragraph 1 of Regulation (EU) 1169/2011. The proposed text is in conflict with requirements of the Food Information to Consumers Regulation, which explicitly requires that the mandatory food information (within others the name of the food/sales denomination) shall not in any way be interrupted. In this case the allusion has to be placed in the same line as the sales denomination. This adaption would provide legal certainty to food business operators.

Amendment 41

Proposal for a regulationArticle 9 a (new)


Article 9a

Labelling in the case of added alcohol

Where there has been addition of alcohol, as defined in Annex I(4), diluted or not, to a spirit drink listed in categories 1 to 14 of Annex II, that spirit drink shall bear the sales denomination ‘spirit drink’. It may not bear a name reserved in categories 1 to 14.

Justification

This corresponds to the current legal situation in accordance with Article 11(1) of Regulation (EC) No 110/2008, according to which, if neutral alcohol is added to spirit drinks whose production involves fermentation, the term reserved for such spirit drinks may not be used anywhere in the labelling.

Amendment 42

Proposal for a regulationArticle 10 – paragraph 1 – subparagraph 1


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A mixture shall bear the sales denomination ‘spirit drink’.

A mixture shall bear the sales denomination ‘spirit drink’ which shall be displayed clearly in a prominent place on the label.

Justification

This change ensures the sales denomination will be displayed clearly, something that was in the previous Regulation (110/2008).

Amendment 43



3. A maturation period or age may only be specified in the presentation or labelling of a spirit drink where it refers to the youngest alcoholic component and provided that the spirit drink was aged under supervision of the tax authorities of a Member State or a supervision affording equivalent guarantees.

3. A maturation period or age may only be specified in the presentation or labelling of a spirit drink where it refers to the youngest alcoholic component and provided that all the operations to age the spirit drink took place under supervision of the tax authorities of a Member State or supervision affording equivalent guarantees. The Commission shall set up a public register listing the bodies appointed by each Member State to supervise ageing processes.

Justification

This amendment seeks to make it clear that checks on aged products should be carried out on an ongoing basis and effectively, rather than being sporadic or based on samples. The object is to curb counterfeiting involving aged products, bearing in mind that ageing confers added value and a provision of this kind safeguards legality and fair competition and protects the ultimate consumers.

Amendment 44



3a. Where a maturation or ageing period is stated in the presentation or labelling of a spirit drink, it shall also be stated in the electronic accompanying

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document.

Justification

This amendment was tabled with a view to ensuring that important information about a spirit drink, for example the sales denomination or the maturation period, is stated in the accompanying documents in order to make for greater traceability and prevent improper practices that might distort competition among operators or mislead consumers.

Amendment 45

Proposal for a regulationArticle 11 – paragraph 3 b (new)


3b. By way of derogation from paragraph 3 of this Article, in the case of brandy that has been aged using the dynamic ageing system or "criaderas y solera"system, the average age, calculated as described in Annex IIa, may only be mentioned in the presentation or labelling provided that the ageing of the brandy has been subject to a control system authorised by the competent authority. The average age in the labelling of brandy shall be expressed in years and shall include a reference to the "criaderas y solera" system.

Justification

The aim is to allow producers of brandy aged using the ‘criaderas y solera’ dynamic ageing system to indicate this average age, expressed in years, on their labels. Compliance would be guaranteed by the operator being subject to a control system authorised by the authority concerned.

Amendment 46



1. Where the origin of a spirit drink is indicated, it shall correspond to the country or territory of origin in accordance with Article 60 of Regulation (EU) No

1. Where the origin of a spirit drink is indicated, it shall correspond to the place or region where the stage in the production process of the finished product

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952/2013 of the European Parliament and of the Council16.

which conferred on the spirit drink its character and essential qualities took place.

__________________16 Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1).

Amendment 47



Without prejudice to the first paragraph, in the case of spirit drinks produced in the Union and intended for export, the geographical indications and the terms indicated in italics in Annex II may be accompanied by translation where such translation is a legal requirement of the importing country.

Amendment 48



Article 14 Article 14Use of a Union symbol for protected geographical indications

Use of a Union symbol for geographical indications

The Union symbol for the protected geographical indication may be used for the labelling and presentation of spirit drinks.

The Union symbol for the protected geographical indications adopted under Article 12(7) of Regulation (EU) No 1151/2012 may be used for the presentation and labelling of spirit drinks with a geographical indication.

Amendment 49


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Article 16 Article 16Delegated powers Delegated powers

1. In order to take into account evolving consumer demands, technological progress, developments in the relevant international standards and the need to improve the economic conditions of production and marketing, the Commission shall be empowered to adopt delegated acts in accordance with Article 43 concerning:

1. In order to take into account evolving consumer demands, technological progress, developments in the relevant international standards and the need to improve the economic conditions of production and marketing, whilst at the same time ensuring consumer protection and taking into account traditional practice, the Commission shall be empowered to adopt delegated acts, supplementing this Regulation, in accordance with Article 43 concerning:

(a) amendments to the rules on indications on the label of spirits drinks concerning compound terms or allusions;

(a) amendments to the rules on indications on the label of spirits drinks concerning compound terms or allusions;

(b) amendments to the rules on the presentation and labelling of mixtures; and

(b) amendments to the rules on the presentation and labelling of mixtures; and

(c) updating and completing Union reference methods for the analysis of spirit drinks.

(c) updating and completing Union reference methods for the analysis of spirit drinks.

2. In order to take into account traditional ageing processes in the Member States, the Commission shall be empowered to adopt delegated acts in accordance with Article 43 concerning derogations from Article 11(3) concerning the specification of a maturation period or age in the presentation or labelling of a spirit drink.

2. In order to take into account traditional ageing processes in the Member States, the Commission shall be empowered to adopt delegated acts in accordance with Article 43 concerning derogations from Article 11(3) concerning the specification of a maturation period or age in the presentation or labelling of a spirit drink.

3. In exceptional cases where the law of the importing third country so requires, the Commission shall be empowered to adopt delegated acts in accordance with Article 43 concerning derogations from the provisions on presentation and labelling contained in this Chapter.

Amendment 50


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1. Protected geographical indications may be used by any operator marketing a spirit drink produced in conformity with the corresponding product specification.

1. Geographical indications may be used by any operator marketing a spirit drink produced in conformity with the corresponding product specification.

Amendment 51

Proposal for a regulationArticle 18 – paragraph 2 – introductory part


2. Protected geographical indications and the spirit drinks using those protected names in conformity with the product specification shall be protected against:

2. Geographical indications and the spirit drinks using those protected names in conformity with the product specification shall be protected against:

Amendment 52

Proposal for a regulationArticle 18 – paragraph 2 – point a – point i


(i) by comparable products not complying with the product specification of the protected name; or

(i) by comparable products not complying with the product specification of the protected name, including when those products are used as an ingredient; or

Justification

The rapporteur proposes to strengthen the protection of geographical indications by using the formula used in Regulation (EC) No 1151/2005 on quality systems for agricultural products and foodstuffs: "including those products which are used as ingredients ".

Amendment 53

Proposal for a regulationArticle 18 – paragraph 2 – point b


(b) any misuse, imitation or evocation, even if the true origin of the product or service is indicated or if the protected name

(b) any misuse, imitation or evocation, even if the true origin of the product or service is indicated or if the protected name

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is translated or accompanied by an expression such as ‘style’, ‘type’, ‘method’, ‘as produced in’, ‘imitation’, ‘flavour’, ‘like’ or similar;

is translated or accompanied by an expression such as ‘style’, ‘type’, 'sort', ‘method’, ‘as produced in’, ‘imitation’, ‘flavour’, ‘like’ or similar, including when those products are used as an ingredient;

Justification


Amendment 54

Proposal for a regulationArticle 18 – paragraph 2 – point c


(c) any other false or misleading indication as to the provenance, origin, nature or essential qualities of the product, on the inner or outer packaging, advertising material or documents relating to the product concerned, and the packing of the product in a container liable to convey a false impression as to its origin;

(c) any other false or misleading indication as to the provenance, origin, nature, ingredients, or essential qualities of the product, on the presentation or labelling of the product liable to convey a false impression as to its origin;

Amendment 55



3. Protected geographical indications shall not become generic in the Union within the meaning of Article 32(1).

3. Geographical indications shall not become generic in the Union within the meaning of Article 32(1).

Amendment 56



3a. The protection for geographical indications referred to in paragraph 2

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shall also apply to goods entering the customs territory of the Union without being released for free circulation within the Union.

Amendment 57



4. Member States shall take the steps necessary to stop the unlawful use of protected geographical indications as referred to in paragraph 2.

4. Member States shall take the steps necessary to stop the unlawful use of geographical indications as referred to in paragraph 2.

Amendment 58



4a. Member States may apply the provisions laid down in Articles 61 to 72 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products to areas where wines suitable for producing spirit drinks with a geographical indication are produced. For the purposes of those provisions, the areas concerned may be treated as areas where wines with a protected designation of origin or protected geographical indication may be produced.

Justification

Aligns the regulation with the draft opinion on the so-called Omnibus proposal for a regulation of the European Parliament and of the Council on the financial rules applicable to the general budget of the Union, as adopted by the European Parliament Committee on Agriculture and Rural Development on 3 May 2017.

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Amendment 59



(e) a description of the method of obtaining the spirit drink and, where appropriate, the authentic and unvarying local methods as well as information on packaging, if the applicant group so determines and gives sufficient product-specific justification as to why the packaging must take place in the defined geographical area to safeguard quality, to ensure the origin or to ensure control, taking into account Union law, in particular that on the free movement of goods and the free provision of services;

(e) a description of the method of producing the spirit drink and, where appropriate, the authentic and unvarying local methods as well as information on packaging, if the applicant group or applicant group (hereinafter referred to together as “applicant”) so determines and gives sufficient product-specific justification as to why the packaging must take place in the defined geographical area to safeguard quality, to ensure the origin or to ensure control, taking into account Union law, in particular that on the free movement of goods and the free provision of services;

Justification

In the context of spirit drinks and the product specification for geographical indications, it would be clearer and reflect more closely the industry practices to refer to ‘producing’.

Amendment 60

Proposal for a regulationArticle 19 – paragraph 1 – point f


(f) details establishing the link between a given quality, reputation or other characteristic of the spirit drink and the geographical area referred to in point (d);

(f) the details bearing out the link with the geographical environment or the geographical origin;

Justification

To maintain the status quo of Regulation (EC) No 110/2008. A closer and more rigorous link between the environment and the product should be maintained.

Amendment 61

Proposal for a regulation

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Article 20 – paragraph 1 – subparagraph 1 – point a


(a) the names and addresses of the applicant group and of the authorities or, if available, the bodies verifying compliance with the provisions of the product specification;

(a) the names and addresses of the applicant and of the authorities or, if available, the bodies verifying compliance with the provisions of the product specification;

Justification

The production of spirit drinks is different from the production of agricultural products and foodstuff, therefore it is necessary to allow single applicants to apply for a geographical indications. The Article 23. point 1.;Article 24. point 3. subparagraph 3. and 5. refer to applicant.

Amendment 62

Proposal for a regulationArticle 20 – paragraph 1 – subparagraph 1 – point c – point i


(i) the main points of the product specification: the name, a description of the spirit drink, including, where appropriate, specific rules concerning packaging and labelling, and a concise definition of the geographical area;

(i) the main points of the product specification: the name, category, a description of the spirit drink, including, where appropriate, specific rules concerning packaging and labelling, and a concise definition of the geographical area;

Justification

In the presentation of the product specification for a geographical indication, the category of spirit drink should also be clearly identified.

Amendment 63



(a) the name and address of the applicant group;

(a) the name and address of the applicant;

Justification

The production of spirit drinks is different from the production of agricultural products and

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foodstuff, therefore it is necessary to allow single applicants to apply for a geographical indications. The Article 23. point 1.;Article 24. point 3. subparagraph 3. and 5. refer to applicant.

Amendment 64



(c) a declaration by the Member State that it considers that the application lodged by the applicant group and qualifying for the favourable decision meets the conditions of this Regulation and the provisions adopted pursuant thereto;

(c) a declaration by the Member State that it considers that the application lodged by the applicant and qualifying for the favourable decision meets the conditions of this Regulation and the provisions adopted pursuant thereto;

Justification

The production of spirit drinks is different from the production of agricultural products and foodstuff, therefore it is necessary to allow single applicants to apply for a geographical indications. The Article 23. point 1.;Article 24. point 3. subparagraph 3. and 5. refer to applicant.

Amendment 65



A joint application shall be submitted to the Commission by a Member State concerned, or by an applicant group in a third country concerned, directly or through the authorities of that third country. It shall include the declaration referred to in point (c) of Article 20(2) from all the Member States concerned. The requirements laid down in Article 20 shall be fulfilled in all Member States and third countries concerned.

A joint application shall be submitted to the Commission by a Member State concerned, or by an applicant in a third country concerned, directly or through the authorities of that third country. It shall include the declaration referred to in point (c) of Article 20(2) from all the Member States concerned. The requirements laid down in Article 20 shall be fulfilled in all Member States and third countries concerned.

Justification

The production of spirit drinks is different from the production of agricultural products and foodstuff, therefore it is necessary to allow single applicants to apply for a geographical indications. The Article 23. point 1.;Article 24. point 3. subparagraph 3. and 5. refer to

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applicant.

Amendment 66



5. Where the application relates to a geographical area in a third country the application shall be lodged with the Commission, either directly or via the authorities of the third country concerned.

5. Where the application relates to a geographical area in a third country the application shall be lodged with the Commission via the authorities of the third country concerned.

Justification

Applications from third countries should be submitted by the authorities, not directly by the applicant. This will give consistency to the request, since it implies adequate involvement and knowledge of the file by its authorities

Amendment 67



Article 22 deleted

Transitional national protection

1. A Member State may, on a transitional basis only, grant protection to a name under this Regulation at national level, with effect from the date on which an application is lodged with the Commission.

2. Such national protection shall cease on the date on which either a decision on registration under this Regulation is taken or the application is withdrawn.

3. Where a name is not registered under this Chapter, the consequences of such national protection shall be the sole responsibility of the Member State concerned.

4. The measures taken by Member

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States under paragraph 1 shall produce effects at national level only, and they shall have no effect on intra-Union or international trade.

Justification

This deletion removes a provision which calls for transitional national protection at an EU level. A geographical indication can be protected in national law already, both on a permanent and transitional basis.

Amendment 68



1. The Commission shall scrutinise by appropriate means any application that it receives pursuant to Article 21, in order to check that it is justified and that it meets the conditions of this Chapter. This scrutiny should not exceed a period of 12 months. Where this period is exceeded, the Commission shall indicate in writing to the applicant the reasons for the delay.

1. The Commission shall scrutinise by appropriate means any application that it receives pursuant to Article 21, in order to check that it is justified and that it meets the conditions of this Chapter. This scrutiny shall consist of a check that there are no manifest errors in the application and, as a general rule, shall not exceed a period of 6 months. Where this period is exceeded, the Commission shall immediately indicate in writing to the applicant the reasons for the delay.

The Commission shall, at least each month, make public the list of names for which registration applications have been submitted to it, as well as their date of submission.

The Commission shall, at least each month, make public the list of names for which registration applications have been submitted to it, as well as their date of submission.

Amendment 69



1. Where, on the basis of the information available to the Commission from the scrutiny carried out pursuant to the first subparagraph of Article 23(1), the Commission considers that the conditions for registration are not fulfilled, it shall

1. Where, on the basis of the information available to the Commission from the scrutiny carried out pursuant to the first subparagraph of Article 23(1), the Commission considers that the conditions for registration are not fulfilled, it shall

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adopt implementing acts rejecting the application. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 44(2).

adopt delegated acts supplementing this Regulation, in accordance with Article 43, rejecting the application.

Justification

Delegated Acts are introduced to safeguard the existing EP rights.

Amendment 70



2. If the Commission receives no notice of opposition or no admissible reasoned statement of opposition under Article 24, it shall adopt implementing acts, without applying the procedure referred to in Article 44(2), registering the name.

2. If the Commission receives no notice of opposition or no admissible reasoned statement of opposition under Article 24, it shall adopt delegated acts supplementing this Regulation, in accordance with Article 43, registering the name.

Justification


Amendment 71



(a) if an agreement has been reached, register the name by means of implementing acts adopted without applying the procedure referred to in Article 44(2), and, if necessary, amend the information published pursuant to Article 23(2) provided such amendments are not substantial; or

(a) if an agreement has been reached, adopt delegated acts supplementing this Regulation, in accordance with Article 43, to register the name and, if necessary, amend the information published pursuant to Article 23(2) provided such amendments are not substantial; or

Justification


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Amendment 72



(b) if an agreement has not been reached, adopt implementing acts deciding on the registration. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 44(2).

(b) if an agreement has not been reached, adopt delegated acts supplementing this Regulation, in accordance with Article 43, deciding on the registration.

Justification


Amendment 73

Proposal for a regulationArticle 28 – paragraph 1 – subparagraph 2 a (new)


Where national law applies, the application shall follow the procedure laid down in national law.

Justification

Given the diversity of procedures in the Member States, the rapporteur proposes to clarify that, where applicable, national rules may apply.

Amendment 74



3. The scrutiny of the application shall focus on the proposed amendment.

3. The scrutiny of the application shall only address the proposed amendment.

Justification

To avoid re-opening entire files which have already been approved and if only small-scale adjustments are needed, only the proposed amendments should be subject to the Commission’s procedures.

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Amendment 75



The Commission may, on its own initiative or at the request of any natural or legal person having a legitimate interest, adopt implementing acts to cancel the registration of a geographical indication in the following cases:

The Commission is empowered to adopt delegated acts supplementing this Regulation, in accordance with Article 43, on its own initiative or at the request of any natural or legal person having a legitimate interest, in order to cancel the registration of a geographical indication in the following cases:

Justification


Amendment 76



(b) where no product is placed on the market under the geographical indication for at least seven years.

(b) where no product is placed on the market under the geographical indication for at least seven consecutive years.

Amendment 77



The implementing acts referred to in the first paragraph shall be adopted in accordance with the examination procedure referred to in Article 44(2).

deleted

Justification


Amendment 78

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Acts to cancel the registration of geographical indications shall be published in the Official Journal of the European Union.

Amendment 79



The Commission shall adopt implementing acts, without applying the procedure referred to in Article 44(2), establishing and maintaining a publicly accessible updated electronic register of geographical indications of spirit drinks recognised under this scheme (‘the Register’).

The Commission shall adopt delegated acts, supplementing this Regulation, in accordance with Article 43, establishing and maintaining a publicly accessible updated electronic register of geographical indications of spirit drinks recognised under this scheme (‘the Register’), replacing and having the same legal value as Annex III to Regulation (EC) No 110/2008. The Register [insert footnote with a direct link to the relevant site] shall provide direct access to all product specifications for spirit drinks registered as geographical indications.

Amendment 80



The Commission may adopt implementing acts laying down detailed rules on the form and content of the Register. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 44(2).

The Commission is empowered to adopt delegated acts, supplementing this Regulation, in accordance with Article 43 laying down detailed rules on the form and content of the Register.

Amendment 81


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Article 30 – paragraph 3


Geographical indications of spirit drinks produced in third countries that are protected in the Union pursuant to an international agreement to which the Union is a contracting party may be entered in the Register as geographical indications.

Geographical indications of spirit drinks produced in third countries that are protected in the Union pursuant to an international agreement to which the Union is a contracting party may be entered in the Register as geographical indications only after the Commission has adopted a delegated act to that effect.

Justification


Amendment 82



3a. The protection of geographical indications of spirit drinks in accordance with Article 2 of this Regulation shall be without prejudice to the protected geographical indications and designations of origin of products defined in Article 93 of Regulation (EC) No 1308/2013.

Justification

The rapporteur proposes aligning the Commission's text with Article 100 of Regulation (EC) No 1308/133 on the common organization of the market in agricultural products, which states that the protection of PGI and PDO for wines is without prejudice of the protection granted to spirit drinks.

Amendment 83



3. A name shall not be protected as a geographical indication if the production or preparation steps which are compulsory

3. A name shall not be protected as a geographical indication if the steps which are compulsory for the relevant category of

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for the relevant category of spirit drink, do not take place in the relevant geographical area.

spirit drink, do not take place in the relevant geographical area.

Justification

To avoid confusion because there is no so distinction between production or preparation in the spirit drink sector.

Amendment 84



Article 34 Article 34

Implementing powers with respect to existing protected geographical in dications

Powers with respect to existing geographical indications

1. Without prejudice to paragraph 2, geographical indications of spirit drinks protected under Regulation (EC) No 110/2008, shall automatically be protected as geographical indications under this Regulation. The Commission shall list them in the Register.

Geographical indications of spirit drinks protected under Regulation (EC) No 110/2008, shall automatically be protected as geographical indications under this Regulation. The Commission shall list them in the Register.

2. For a period of up to two years following the entry into force of this Regulation, the Commission, by means of implementing acts, may, on its own initiative, cancel the protection of geographical indications referred to in Article 20 of Regulation (EU) No 110/2008 if they do not comply with point (6) of Article 2(1). Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 44(2).

Amendment 85



(b) control body within the meaning of (b) delegated body within the meaning

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point 5 of the second subparagraph of Article 2 of Regulation (EC) No 882/2004 of the European Parliament and of the Council,19 operating as a product certification body.

of point 5 of Article 3 of Regulation (EU) 2017/625 of the European Parliament and of the Council19, operating as a product certification body.

__________________ __________________19 Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (OJ L 165, 30.4.2004, p. 1).

19 Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) (OJ L 95, 7.4.2017, p. 1).

Justification

The aim of the amendment is to be in accordance with the new Regulation (EU) 2017/625 of 15 of March 2017 on official controls and other official activities.

Amendment 86



Notwithstanding the national legislation of Member States, the costs of such verification of compliance with the product

Notwithstanding the national legislation of Member States, the costs of such verification of compliance with the product

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specification shall be borne by the food business operators which are subject to those controls.

specification shall be borne by the operators which are subject to those controls.

Justification

The terms "operators" and "food business operators" are used in the text of the Commission. The rapporteur proposes that only the term 'operators' should be retained in accordance with Regulation (EC) No 110/2008. This term is more representative of the diversity of professionals in the sector.

Amendment 87



5. The competent authorities or bodies referred to in paragraphs 1 and 2 verifying compliance of the protected geographical indication with the product specification shall be objective and impartial. They shall have at their disposal the qualified staff and resources necessary to carry out their tasks.

5. The competent authorities or bodies referred to in paragraphs 1 and 2 verifying compliance of the geographical indication with the product specification shall be objective and impartial. They shall have at their disposal the qualified staff and resources necessary to carry out their tasks.

Amendment 88



1. Procedures and requirements laid down in Regulation (EC) No 882/2004 shall apply mutatis mutandis to the checks provided for in Articles 35 and 36 of this Regulation.

1. Procedures and requirements laid down in Regulation (EU) 2017/625 shall apply mutatis mutandis to the checks provided for in Articles 35 and 36 of this Regulation.

Justification


Amendment 89


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2. Member States shall ensure that activities for the control of obligations under this Chapter are specifically included in a separate section within the multi-annual national control plans in accordance with Articles 41 to 43 of Regulation (EC) No 882/2004.

2. Member States shall ensure that activities for the control of obligations under this Chapter are specifically included in a separate section within the multi-annual national control plans in accordance with Articles 109 to 111 of Regulation (EU) 2017/625.

Justification


Amendment 90



3. The annual reports referred to in Article 44(1) of Regulation (EC) No 882/2004 shall include in a separate section the information referred to in that provision concerning the control of the obligations established by this Regulation.

3. The annual reports referred to in Article 113(1) of Regulation (EU) 2017/625 shall include in a separate section the information referred to in that provision concerning the control of the obligations established by this Regulation.

Justification


Amendment 91



Article 38 Article 38

Delegated powers Delegated powers

1. In order to take account of the specificities of the production in the demarcated geographical area, the Commission shall be empowered to adopt delegated acts in accordance with Article

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43 concerning:

(a) the additional criteria for the demarcation of the geographical area; and

(b) the restrictions and derogations related to the production in the demarcated geographical area.

2. In order to ensure product quality and traceability, the Commission may, by means of delegated acts adopted in accordance with Article 43, provide for the conditions under which the product specification may include information concerning packaging as referred to in point (e) of Article 19 or any specific labelling rule as referred to in point (h) of Article 19.

3. In order to ensure the rights or legitimate interests of producers or food business operators, the Commission may, by means of delegated acts adopted in accordance with Article 43, set out:

3. In order to ensure the rights or legitimate interests of producers or operators, the Commission may, by means of delegated acts adopted in accordance with Article 43, set out:

(a) in which cases a single producer may apply for the protection of a geographical indication;

(a) in which cases a single producer may apply for the protection of a geographical indication;

(b) the conditions to be followed in respect of an application for the protection of a geographical indication, preliminary national procedures, scrutiny by the Commission, the opposition procedure and the cancellation of geographical indications, including in cases where the geographical area covers more than one country.

(b) the conditions to be followed in respect of an application for the protection of a geographical indication, preliminary national procedures, scrutiny by the Commission, the opposition procedure and the cancellation of geographical indications, including in cases where the geographical area covers more than one country.

4. In order to ensure that product specifications provide relevant and succinct information, the Commission shall be empowered to adopt delegated acts, in accordance with Article 43, laying down rules which limit the information contained in the product specification, where such a limitation is necessary to avoid excessively voluminous applications for registration.

4. In order to ensure that product specifications provide relevant and succinct information, the Commission shall be empowered to adopt delegated acts, in accordance with Article 43, laying down rules which limit the information contained in the product specification, where such a limitation is necessary to avoid excessively voluminous applications for registration.

5. In order to facilitate the 5. In order to facilitate the

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administrative process of an amendment application, including where the amendment consists in a temporary change of the product specification resulting from the imposition of obligatory sanitary and phytosanitary measures by the public authorities or linked to natural disasters or adverse weather conditions formally recognised by the competent authorities, the Commission shall be empowered to adopt delegated acts, in accordance with Article 43, to establish conditions and requirements for the procedure concerning the amendments to be approved both by the Member States and by the Commission.

administrative process of an amendment application, including where the amendment consists in a temporary change of the product specification resulting from the imposition of obligatory sanitary and phytosanitary measures by the public authorities or linked to natural disasters or adverse weather conditions formally recognised by the competent authorities, the Commission shall be empowered to adopt delegated acts, in accordance with Article 43, to establish conditions and requirements for the procedure concerning the amendments to be approved both by the Member States and by the Commission.

6. In order to prevent the unlawful use of geographical indications, the Commission shall be empowered to adopt delegated acts in accordance with Article 43 concerning the appropriate actions to be implemented by the Member States in this respect.

6. In order to prevent the unlawful use of geographical indications, the Commission shall be empowered to adopt delegated acts in accordance with Article 43 concerning the appropriate actions to be implemented by the Member States in this respect.

7. In order to ensure the efficiency of the checks provided for in this Chapter, the Commission shall be empowered to adopt delegated acts in accordance with Article 43 concerning the necessary measures regarding the notification of food business operators to the competent authorities.

7. In order to ensure the efficiency of the checks provided for in this Chapter, the Commission shall be empowered to adopt delegated acts in accordance with Article 43 concerning the necessary measures regarding the notification of operators to the competent authorities.

Amendment 92



1. Member States shall be responsible for checks on spirit drinks. They shall take the measures necessary to ensure compliance with this Regulation and designate the competent authorities responsible on compliance with this Regulation.

1. Member States shall be responsible for checks on spirit drinks, in accordance with Regulation (EU) 2017/625. They shall take the measures necessary to ensure compliance with this Regulation and designate the competent authorities responsible on compliance with this Regulation.

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Amendment 93



2. The power to adopt delegated acts referred to in Articles 5, 16, 38, 41 and 46(2) shall be conferred on the Commission for an indeterminate period of time from the entry into force of this Regulation.

2. The power to adopt delegated acts referred to in Articles 5, 16, 27, 29, 30, 38, 41 and 46(2) shall be conferred on the Commission for a period of five years from ... [ OJ please insert the date of the 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 five-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.

Amendment 94



Articles 19 to 23, 28 and 29 shall apply to applications for protection, applications for amendment and cancellations submitted after the date of application of this Regulation.

Articles 19 to 23, 28 and 29 shall apply to applications for protection, applications for amendment and cancellations submitted after the date of application of this Regulation. Reference to product specifications as defined in point 7 of Article 2(1) shall also be taken to include the technical files of spirit drinks protected under Regulation (EC) No 110/2008 where appropriate and, in particular, with respect to this Article and Articles 18, 28, 29, 35, 38 and 39 of this Regulation.

Amendment 95

Proposal for a regulationAnnex I – paragraph 1 – point 1 a (new)

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(1a) 'Of agricultural origin' means obtained from agricultural products listed in Annex I to the Treaty or processed foodstuffs originating exclusively from such products, suitable for human consumption."

Amendment 96

Proposal for a regulationAnnex I – paragraph 1– point 1 b (new)


(1b) ‘Distillation’ a procedure whereby a mixture of substances containing alcohol or an alcoholic liquid is heated and the resulting steam is then condensed again (liquefied). This thermal procedure aims either to separate substances in the original mixture or to strengthen certain sensory characteristics of the alcoholic liquid. Distillation is carried out either once or more than once, depending on the product category, production method or the equipment used.

Justification

In Regulation 110/2008 which is currently in force, the individual product categories sometimes specify whether single or multiple distillation may be used. This caused some legal uncertainty when the current Spirit Drinks Regulation was implemented over whether single or multiple distillation is authorised for categories where simply distillation was mentioned. Double distillation is the traditional method and is still used in many product categories.

Amendment 97

Proposal for a regulationAnnex I – paragraph 1 – point 2 – paragraph 1


‘Distillate of agricultural origin’ means an alcoholic liquid which is obtained by the distillation, after alcoholic fermentation, of agricultural products listed in Annex I to

‘Distillate of agricultural origin’ means an alcoholic liquid which is obtained by the distillation, after alcoholic fermentation, which does not have the properties of ethyl

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the Treaty which does not have the properties of ethyl alcohol or of a spirit drink but still retains the aroma and taste of the raw materials used.

alcohol or of a spirit drink but still retains the aroma and taste of the raw materials used.

Amendment 98

Proposal for a regulationAnnex I – paragraph 1 – point 2 – paragraph 2


Where reference is made to the raw materials used, the distillate must be obtained exclusively from that raw materials.

Where reference is made to the raw materials used, the distillate must be obtained exclusively from those raw materials.

Justification

In order to clarify that distillates of agricultural origin can be made from any agricultural raw material.

Amendment 99



(2a) In the context of this Regulation, the general term “distillation” is used for both single and multiple distillation or re-distillation.

Justification

Multiple distillation is traditionally used and common practice also for categories of spirit drinks where this is not specifically mentioned in the requirements for the category in Annex II. For reasons of legal certainty a clarification of the term distillation is necessary to guarantee producers the legality of their traditional production methods.

Amendment 100

Proposal for a regulationAnnex I – paragraph 1 – point 3 – point e a (new)


(ea) stevia;

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Justification

Consumer interest in low-calorie products is leading to an increase in the use of this natural sweetener by producers of certain beverages.

Amendment 101

Proposal for a regulationAnnex I – paragraph 1 – point 3 – point f


(f) any other natural carbohydrate substances having a similar effect to the products referred to in points (a) to (e).

(f) any other natural substances or agricultural raw materials having a similar effect to the products referred to in points (a) to (e).

Amendment 102

Proposal for a regulationAnnex I – paragraph 1 – point 4


(4) ‘Addition of alcohol’ means the addition of ethyl alcohol of agricultural origin or distillates of agricultural origin or both to a spirit drink.

(4) 'Addition of alcohol' means the addition of ethyl alcohol of agricultural origin or distillates of agricultural origin or both to a spirit drink. The use of alcohol of agricultural origin for dilution or dissolution of colours, flavouring or any other authorised additives used in the preparation of spirit drinks shall not be considered as addition of alcohol.

Amendment 103



(8a) 'Flavouring' means the addition of flavourings or food ingredients with flavouring properties in the preparation of a spirit drink.

Justification

Individual definitions omitted from Annex I. This definition should remain unchanged from

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Regulation (EC) No 110/2008 to help ensure that uniform rules are applied in all Member States.

Amendment 104

Proposal for a regulationAnnex I – paragraph 1 – point 14


(14) ‘Colouring’ means using in the preparation of a spirit drink one or more colours, as defined in point 2 of Annex I to Regulation (EC) No 1333/2008.

(14) ‘Colouring’ means using in the production of a spirit drink one or more colours, as defined in point 2 of Annex I to Regulation (EC) No 1333/2008.

Justification

As spirit drinks are produced rather than prepared, this adjustment will clarify the definition of colouring.

Amendment 105



(16a) 'Place of manufacture' means the place or region where the stage in the production process of the finished product, which conferred on the spirit drink its character and essential definitive qualities, took place.

Justification

Individual definitions omitted from Annex I. This definition should remain unchanged from Regulation (EC) No 110/2008 to help ensure that uniform rules are applied in all Member States.

Amendment 106

Proposal for a regulationAnnex I – paragraph 1 – point 16 b (new)


(16b) 'Description' means the terms used on the labelling, presentation, and packaging; in the documents

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accompanying the transport of a drink; in the commercial documents, particularly the invoices and delivery notes; and used in advertisements for the drink.

Justification


Amendment 107

Proposal for a regulationAnnex II –part I – category 1 – point a – point ii


(ii) a spirit drink produced exclusively by alcoholic fermentation and distillation of sugar-cane juice which has the aromatic characteristics specific to rum and a volatile substances content equal to or exceeding 225 grams per hectolitre of 100 % vol. alcohol. This spirit drink may be placed on the market with the word ‘agricultural’ qualifying the sales denomination ‘rum’ accompanied by any registered geographical indications of the French Overseas Departments and the Autonomous Region of Madeira.

(ii) a spirit drink produced exclusively by alcoholic fermentation and distillation of sugar-cane juice which has the aromatic characteristics specific to rum and a volatile substances content equal to or exceeding 225 grams per hectolitre of 100% vol. alcohol. This spirit may be placed on the market with the word ‘agricultural’ qualifying the legal name ‘rum’ only when it is accompanied by one of the registered geographical indications of the French Overseas Departments and the Autonomous Region of Madeira.

Amendment 108

Proposal for a regulationAnnex II – part I – category 1 – point f a (new)


(fa) Rum may be sweetened by up to 20 g per litre of final product, expressed as invert sugar, in order to round off the final taste.

Amendment 109

Proposal for a regulationAnnex II – part I – category 2 – title

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2. Whisky or Whiskey 2. Whisky or Whiskey

Justification

The purpose of the amendment is to write the name of the category of the spirit drinks in Italics with the view of the application of Article 13 of the draft Regulation.

Amendment 110

Proposal for a regulationAnnex II – part I – category 2 – point c


(c) No addition of alcohol as defined in point (54) of Annex I, diluted or not, shall take place.

(c) No addition of alcohol as defined in point (4) of Annex I, diluted or not, shall take place.

Justification

Correction of a typographical error in the proposal.

Amendment 111

Proposal for a regulationAnnex II – part I – category 2 – point d


(d) Whisky or whiskey shall not be sweetened or flavoured, nor contain any additives other than plain caramel used for colouring.

(d) Whisky or whiskey shall not be sweetened or flavoured, nor contain any additives other than plain caramel (E150a) used for colouring.

Amendment 112

Proposal for a regulationAnnex II – part I – category 3 – point b


(b) With the exception of ‘Korn’, the minimum alcoholic strength by volume of grain spirit shall be 37 %.

(b) With the exception of ‘Korn’, the minimum alcoholic strength by volume of grain spirit shall be 35 %.

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Justification


Amendment 113



(fa) Grain spirit may only be sweetened by up to 10 g per litre of final product, expressed as invert sugar, in order to round off the final taste.

Amendment 114



(d) Wine spirit shall not be flavoured. This shall not exclude traditional production methods.

(d) Wine spirit shall not be flavoured. This shall not exclude the addition of substances traditionally used in its production. The Commission shall adopt delegated acts in accordance with Article 43 specifying which substances are authorised across the Union and shall be guided in so doing by traditional production processes in the individual Member States.

Justification

The addition of such additives has in the past been regulated by national law. This causes a distortion of competition in the internal market. In order to ensure a level playing-field and transparency for consumers, there should be EU-wide harmonisation of the authorised additives.

Amendment 115



(fa) Wine spirit may be sweetened by up to 20 g per litre of final product,

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expressed as invert sugar, in order to round off the final taste.

Amendment 116

Proposal for a regulationAnnex II – part I – category 4 – point f b (new)


(fb) The term ‘wine spirit’ in connection with ‘vinegar’ is still authorised for the description, presentation and labelling of vinegar.

Justification

Spirit vinegar (Branntweinessig) is a traditional term in Germany for a vinegar made not from wine spirit (a product as detailed in Annex II Part I point 4) but from agricultural alcohol. A description as ‘spirit vinegar’ would not be permissible because of the regulations on spirits concerning compound terms.

Amendment 117



5. Brandy or Weinbrand 5. Brandy or Weinbrand

Justification


Amendment 118



(d) Brandy or Weinbrand shall not be flavoured. This shall not exclude traditional production methods.

(d) Brandy or Weinbrand shall not be flavoured. This shall not exclude the addition of substances traditionally used in their production. The Commission shall adopt delegated acts in accordance

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with Article 43 specifying which substances are authorised across the Union and shall be guided in so doing by traditional production processes in the individual Member States.

Justification

The addition of such additives has in the past been regulated by national law. This causes a distortion of competition in the internal market. In order to ensure a level playing-field and transparency for consumers, there should be EU-wide harmonisation of the authorised additives.

Amendment 119

Proposal for a regulationAnnex II – part I – category 5 – point e a (new)


(ea) Brandy or Weinbrand may be sweetened by up to 35 g per litre of finished product, expressed as invert sugar, in order to round off the final held.

(The words ‘Brandy or Weinbrand’ are to appear in italics if this amendment is adopted.)

Amendment 120



(ea) Grape marc spirit or grape marc may be sweetened by up to 20 g per litre of final product, expressed as invert sugar, in order to round off the final taste.

Amendment 121

Proposal for a regulationAnnex II – part I – category 7 – point a – point iv


(iv) the maximum hydrocyanic acid content shall be 7 grams per hectolitre of

(iv) the maximum hydrocyanic acid content shall be 1 gram per hectolitre of

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100 % vol. alcohol in the case of stone-fruit marc spirit;

100% vol. alcohol in the case of stone-fruit marc spirit; In the case of stone-fruit marc spirit, the ethyl carbamate content of the final product shall not exceed 1mg/l.

Justification

Hydrocyanic acid is a precursor in the formation of ethyl carbamate, which is carcinogenic. If the target value of 1 mg/l of final product is to be met, the maximum hydrocyanic acid content must be reduced from 7 to 1 gram per hectolitre of 100% vol. alcohol. Ethyl carbamate is a very toxic carcinogenic substance. On the basis of the relevant recommendations in the Codex Alimentarius, the Commission has published recommendations for action to reduce the ethyl carbamate content to the target value of 1 mg per litre of final product.

Amendment 122



(fa) Fruit marc spirit may be sweetened by up to 20 g per litre of final product, expressed as invert sugar, in order to round off the final taste.

Amendment 123



8. Raisin spirit or raisin brandy 8. Raisin spirit or raisin brandy

Justification


Amendment 124



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(ea) Raisin spirit or raisin brandy may be sweetened by up to 20 g per litre of final product, expressed as invert sugar, in order to round off the final taste.

(The words ‘raisin brandy’ are to appear in italics if this amendment is adopted.)

Amendment 125

Proposal for a regulationAnnex II – part I – category 9 – point a – point iv


(iv) in the case of stone-fruit spirits, it has a hydrocyanic acid content not exceeding 7 grams per hectolitre of 100 % vol. alcohol.

(iv) in the case of stone-fruit spirits, a hydrocyanic acid content of 1 gram per hectolitre of 100 % vol. alcohol A. shall not be exceeded. In the case of stone-fruit spirits, the ethyl carbamate content of the final product shall not exceed 1 mg/l.

Justification

Hydrocyanic acid is a precursor in the formation of ethyl carbamate, which is carcinogenic. If the target value of 1 mg/l of final product is to be met, the maximum hydrocyanic acid content must be reduced from 7 to 1 gram per hectolitre of 100% vol. alcohol. Ethyl carbamate is a very toxic carcinogenic substance. On the basis of the relevant recommendations in the Codex Alimentarius, the Commission has published recommendations for action to reduce the ethyl carbamate content to the target value of 1 mg per litre of final product.

Amendment 126

Proposal for a regulationAnnex II – part I – category 9 – point b – point ii a (new)


(iia) – checkerberry (Sorbus torminalis (L.) Crantz),

– sorb (Sorbus domestica L.),

– rosehip (Rosa canina L.),

Justification

In terms of raw materials, the authorised maximum methanol content for these fruits should be increased to 1.350g/hl of pure alcohol, which will enable the production of high-quality products with a distinctive aroma and taste. There is no health risk, as the higher maximum

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methanol content is already in place for a number of other fruits and berries.

Amendment 127

Proposal for a regulationAnnex II – part I – category 9 – point f – paragraph 3 a (new)


Alternatively the sales denomination ‘Obstler’ may be used for fruit spirit produced exclusively from different varieties of apples, pears or both.

(The word ‘Obstler’ is to appear in italics if this amendment is adopted.)

Amendment 128

Proposal for a regulationAnnex II – part I – category 9 – point h


(h) Whenever two or more fruits, berries or vegetables are distilled together, the product shall be sold under the name ‘fruit spirit’ or ‘vegetable spirit’, as appropriate. The name may be supplemented by that of each fruit, berry or vegetable, in decreasing order of the quantity used.

(h) Whenever two or more fruits, berries or vegetables are distilled together, the product shall be sold under the name ‘fruit and vegetable spirit’ or ‘vegetable and fruit spirit’, according to whether mashes from mainly fruit or berries or mashes from vegetables are distilled together. The name may be supplemented by that of each fruit, berry or vegetable, in decreasing order of the quantity used.

Justification

The amendment in the first paragraph is more informative for consumers. ‘Obstler’ has for decades been a common term used for fruit spirit made from apples and pears in German-speaking countries (Germany, Austria, Switzerland). The term ‘Obstler’ should be protected and therefore written in italics only in German.

Amendment 129

Proposal for a regulationAnnex II – part I – category 9 – point h a (new)


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(ha) Fruit spirit may be sweetened by up to 18 g per litre of final product, expressed as invert sugar, in order to round off the final taste.

Amendment 130



(d) Neither cider spirit nor perry spirit shall be flavoured.

(d) Neither cider spirit nor perry spirit shall be flavoured. However, that shall not exclude traditional production methods.

Justification

The rapporteur proposes to secure the traditional production methods for cider and perry spirits such as Calvados.

Amendment 131



(ea) Cider spirit and perry spirit may be sweetened by up to 15 g per litre of final product, expressed as invert sugar, in order to round off the final taste.

Amendment 132



(fa) Honey spirit may be sweetened by up to 20 g per litre of final product, expressed as invert sugar, in order to round off the final taste.

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Amendment 133



12. Hefebrand 12. Hefebrand or lees spirit

(The words “or lees spirit” are to appear in plain bold text if this amendment is adopted.)

Justification

The purpose of the amendment is to write the name of the category of the spirit drinks in Italics with the view of the application of Article 13 of the draft Regulation. The purpose of the second part of the amendment is to add the full name of the category which is missing in the Commission proposal.

Amendment 134

Proposal for a regulationAnnex II – part I – category 12 – point a


(a) Hefebrand or lees spirit is a spirit drink produced exclusively by the distillation at less than 86 % vol. of lees of wine or of fermented fruit.

(a) Hefebrand or lees spirit is a spirit drink produced exclusively by the distillation at less than 86 % vol. of lees of wine or of lees of fermented fruit.

Amendment 135



(fa) Hefebrand or lees spirit may be sweetened by up to 20 g per litre of final product, expressed as invert sugar, in order to round off the final taste.

(The word ‘Hefebrand’ is to appear in italics if this amendment is adopted.)

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Amendment 136



13. Bierbrand or eau de vie de bière 13. Bierbrand or eau de vie de bière

Justification


Amendment 137



(ea) Bierbrand or eau-de-vie de bière may be sweetened by up to 20 g per litre of final product, expressed as invert sugar, in order to round off the final taste.

(The words ‘Bierbrand or eau-de-vie de bière’ are to appear in italics if this amendment is adopted.)

Amendment 138



14. Topinambur 14. Topinambur or Jerusalem artichoke spirit

(The words “Jerusalem artichoke spirit” are to appear in plain bold text if this amendment is adopted.)

Justification

The purpose of the amendment is to write the name of the category of the spirit drinks in Italics with the view of the application of Article 13 of the draft Regulation. The purpose of

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the second part of the amendment is to add the full name of the category which is missing in the Commission proposal.

Amendment 139



(ea) Topinambur or Jerusalem artichoke spirit may be sweetened by up to 20 g per litre of final product, expressed as invert sugar, in order to round off the final taste.

(The word ‘Topinambur’ is to appear in italics if this amendment is adopted.)

Amendment 140

Proposal for a regulationAnnex II – part I – category 15 – point a – paragraph 3


Maximum levels of residue for ethyl alcohol of agricultural origin shall meet those set out in point (1) of Annex I, except that the methanol content shall not exceed 10 grams per hectolitre of 100 % vol. alcohol.

Maximum levels of residue for ethyl alcohol of agricultural origin used to produce vodka shall meet those set out in point (1) of Annex I, except that the methanol content shall not exceed 10 grams per hectolitre of 100 % vol. alcohol.

Amendment 141



(b) The minimum alcoholic strength by volume of vodka shall be 37.5 %.

(b) The alcoholic strength by volume of vodka shall be not less than 37,5 % and no more than 80 %.

Amendment 142

Proposal for a regulationAnnex II – part I – category 15 – point b a (new)


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(ba). Vodka shall not be coloured.

Amendment 143



(d) The description, presentation or labelling of vodka not produced exclusively from potatoes or cereals shall bear the indication ‘produced from ..’, supplemented by the name of the raw materials used to produce the ethyl alcohol of agricultural origin.

(d) The description, presentation or labelling of vodka not produced exclusively from potatoes or cereals or both shall bear the indication ‘produced from ..’, supplemented by the name of the raw materials used to produce the ethyl alcohol of agricultural origin.

Justification

The Commission proposal deleted all the references to and/or in the text. The amendment seeks to maintain current production methods.

Amendment 144

Proposal for a regulationAnnex II – part I – category 15 – point d a (new)


(da) Vodka may be sweetened in order to round off the final taste. However, the final product may not contain more than 10 g of sweetening substances per litre, expressed as invert sugar equivalent.

Amendment 145

Proposal for a regulationAnnex II – part I – category 15 – point d b (new)


(db) Alternatively, the sales denomination may be ‘vodka’ in any Member State.

(The word ‘Vodka’ is to appear in italics if

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this amendment is adopted.)

Amendment 146

Proposal for a regulationAnnex II – part I – category 16 – point a – point i


(i) produced by maceration of fruit or berries listed under point (ii), whether partially fermented or unfermented, with the possible addition of a maximum of 20 litres of ethyl alcohol of agricultural origin or of spirit or of distillate deriving from the same fruit, or of a mixture thereof, per 100 kg of fermented fruit or berries, followed by distillation at less than 86 % vol.;

(i) produced by maceration of fruit or berries listed under point (ii), whether partially fermented or unfermented, with the possible addition of a maximum of 20 litres of ethyl alcohol of agricultural origin or of spirit or of distillate deriving from the same fruit, or of a combination thereof, per 100 kg of fermented fruit or berries, followed by distillation at less than 86 % vol.;

Justification

In order to avoid any confusion with the definition of mixture on Article 2 paragraph 1 point 3.

Amendment 147

Proposal for a regulationAnnex II – part I – category 16 – point a – point ii – indent 9


– rowanberries (Sorbus aucuparia L.), – Does not affect the English version.

Justification

Does not affect the English version.

Amendment 148

Proposal for a regulationAnnex II – part I – category 16 – point a – point ii – indent 10


– service-berry (Sorbus domestica L.),

– Does not affect the English version.

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Justification

Does not affect the English version.

Amendment 149

Proposal for a regulationAnnex II – part I – category 16 – point a – point ii – indent 32 a (new)


- - Aronia (chokeberry),

- bird cherry (Prunus domestica L.),

Justification

The raw materials indicated should be included in the list of fruits or berries authorised for this product category.

Amendment 150



(a) Geist (with the name of the fruit or the raw materials used) is a spirit drink obtained by maceration of unfermented fruits and berries listed in point (a) (ii) of category 16 or vegetables, nuts, or other plant materials such as herbs or rose petals in ethyl alcohol of agricultural origin, followed by distillation at less than 86 % vol.

(a) Geist (with the name of the fruit or the raw materials used) is a spirit drink obtained by maceration of unfermented fruits and berries listed in point (a) (ii) of category 16 or vegetables, nuts, mushrooms or other plant materials such as herbs or rose petals in ethyl alcohol of agricultural origin, followed by distillation at less than 86 % vol.

Justification

Mushrooms are not categorised as plant materials and must therefore be listed as a separate item.

Amendment 151



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17. Geist (with the name of the fruit or the raw materials used)

17. Geist (with the name of the fruit or the raw materials used)

Justification


Amendment 152

Proposal for a regulationAnnex II – part I – category 17 – point c a (new)


(ca) Use of the term ‘-geist’ preceded by a term other than the name of a fruit shall continue to be authorised in imaginative names in the spirit drinks sector.

Justification

This will enable names such as ‘Stadtgeist’ or ‘Schlossgeist’ to be used for spirit drinks.

Amendment 153



(a) Juniper-flavoured spirit drinks are spirit drinks produced by flavouring ethyl alcohol of agricultural origin or grain spirit or grain distillate or a mixture thereof with juniper (Juniperus communis L. or Juniperus oxicedrus L.) berries.

(a) Juniper-flavoured spirit drinks are spirit drinks produced by flavouring ethyl alcohol of agricultural origin or grain spirit or grain distillate or a combination thereof with juniper (Juniperus communis L. or Juniperus oxicedrus L.) berries.

Justification


Amendment 154


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20. Gin 20. Gin

Justification


Amendment 155



21. Distilled gin 21. Distilled gin

Justification


Amendment 156

Proposal for a regulationAnnex II – Part I – category 21 – point a – point ii


(ii) the mixture of the product of such distillation and ethyl alcohol of agricultural origin with the same composition, purity and alcoholic strength; flavouring substances or flavouring preparations as specified in point (c) of category 20 or both may also be used to flavour distilled gin.

(ii) the combination of the product of such distillation and ethyl alcohol of agricultural origin with the same composition, purity and alcoholic strength; flavouring substances or flavouring preparations as specified in point (c) of category 20 or both may also be used to flavour distilled gin.

Justification


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Amendment 157



22. London Gin 22. London Gin

Justification


Amendment 158



(c) The term London gin may be supplemented by the term ‘dry’.

(c) The term London gin may incorporate the term ‘dry’.

Justification

This adjustment to the wording better reflects current practice and will increase flexibility.

Amendment 159



24. Akvavit or aquavit 24. Akvavit or aquavit

Justification


Amendment 160

Proposal for a regulation Annex II – part I – category 26 – title

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26. Pastis 26. Pastis

Justification


Amendment 161



27. Pastis de Marseille 27. Pastis de Marseille

Justification


Amendment 162



28. Anis 28. Anis

Justification


Amendment 163



(b) The minimum alcoholic strength by volume of anis shall be 37 %.

(b) The minimum alcoholic strength by volume of anis shall be 35 %.

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Justification


Amendment 164



29. Distilled anis 29. Distilled anis

Justification


Amendment 165



30. Bitter-tasting spirit drinks or bitter

30. Bitter-tasting spirit drinks or bitter

Justification


Amendment 166



(a) Bitter-tasting spirit drinks or bitter are spirit drinks with a predominantly bitter taste produced by flavouring ethyl alcohol of agricultural origin with flavouring substances.

(a) Bitter-tasting spirit drinks or bitter are spirit drinks with a predominantly bitter taste produced by flavouring ethyl alcohol of agricultural origin with flavouring substances or flavouring preparations or both.

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Justification

Correction of an omission in the proposal.

Amendment 167



(da) The maximum sugar content of flavoured vodka shall be 100 grams per litre, expressed as invert sugar.

Amendment 168

Proposal for a regulationAnnex II – part I – category 31 – point d b (new)


(db) The term ‘vodka’ in any official Union language may be replaced by ‘vodka'.

(The second word ‘vodka’ is to appear in italics if this amendment is adopted.)

Amendment 169

Proposal for a regulationAnnex II – part I – category 32 – point a – point ii


(ii) produced using ethyl alcohol of agricultural origin or a distillate of agricultural origin or one or more spirit drinks or a mixture thereof, which has been sweetened and to which one or more flavourings, products of agricultural origin or foodstuffs have been added.

(ii) produced using ethyl alcohol of agricultural origin or a distillate of agricultural origin or one or more spirit drinks or a combination thereof, which has been sweetened and to which one or more flavourings, products of agricultural origin or foodstuffs have been added.

Justification


Amendment 170

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Proposal for a regulationAnnex II – part I – category 32 – point d – paragraph 2 a (new)


Alternatively, the sales denomination may be ‘liqueur’ in any Member State.

(The word ‘liqueur’ is to appear in italics if this amendment is adopted.)

Amendment 171



(da) The sales denomination “liqueur” can also be supplemented with the name of the aroma or foodstuff used in the preparation of the product.

Justification

For reasons of legal certainty and comparable with fruit spirit (Point 9 - Point f of this Annex) it should be stated in the definition of liqueur that the trade name can also be supplemented with the name of the aroma or foodstuff used.

Amendment 172



34. Crème de cassis 34. Crème de cassis

Justification


Amendment 173


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35. Guignolet 35. Guignolet

Justification


Amendment 174



36. Punch au rhum 36. Punch au rhum

Justification


Amendment 175



37. Sloe gin 37. Sloe gin

Justification


Amendment 176



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38. ‘Sloe-aromatised spirit drink or Pacharán’

31a. ‘Sloe-aromatised spirit drink or Pacharán’

(The category on “Sloe-aromatised spirit drink or Pacharán” is to be moved between categories 31 “vodka” and 32 “liqueur”.)

Justification

The purpose of the amendment is to write the name of the category of the spirit drinks in Italics with the view of the application of Article 13 of the draft Regulation. The position of this category within Annex II is not correct. The categories following “Category 32. Liquor" are all liquors, and in this case is not always so, it depends on how much sugar it contains may or may not liqueur.

Amendment 177



39. Sambuca 39. Sambuca

Justification


Amendment 178

Proposal for a regulationAnnex II – part I – category 39 – point a – point ii


(ii) it has a minimum sugar content of 370 grams per litre expressed as invert sugar;

(ii) it has a minimum sugar content of 350 grams per litre expressed as invert sugar;

Justification


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Amendment 179



40. Maraschino, Marrasquino or Maraskino

40. Maraschino, Marrasquino or Maraskino

Justification


Amendment 180



41. Nocino 41. Nocino

Justification


Amendment 181



42. Egg liqueur or advocaat or avocat or advokat

42. Egg liqueur or advocaat or avocat or advokat

Justification


Amendment 182

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(a) Egg liqueur or advocaat or avocat or advokat is a spirit drink, whether or not flavoured, obtained from ethyl alcohol of agricultural origin, distillate or spirit, or a mixture thereof, the ingredients of which are quality egg yolk, egg white and sugar or honey. The minimum sugar or honey content must be 150 grams per litre expressed as invert sugar. The minimum content of pure egg yolk must be 140 grams per litre of the final product.

(a) Egg liqueur or advocaat or avocat or advokat is a spirit drink, whether or not flavoured, obtained from ethyl alcohol of agricultural origin, distillate or spirit, or a combination thereof, the ingredients of which are egg yolk, egg white and sugar or honey. The minimum sugar or honey content must be 150 grams per litre expressed as invert sugar. The minimum content of pure egg yolk must be 140 grams per litre of the final product. Any use of eggs from hens belonging to a species other than Gallus Gallus should be indicated on the label.

Justification


Amendment 183



(c) Only flavouring substances and flavouring preparations may be used in the preparation of egg liqueur or advocaat or avocat or advokat.

(c) Only foodstuffs with flavouring properties, natural flavouring substances and flavouring preparations may be used in the preparation of egg liqueur or advocaat or avocat or advokat.

Justification

Egg liqueur is often rounded off with milk or cream to enhance the taste in traditional production methods. These foodstuffs are not flavourings according to EU rules on flavourings. This amendment should enable traditional production methods to be pursued. The authorised addition of only natural flavouring substances and not other nature-identical or artificial flavouring substances used in the past mirrors the status quo.

Amendment 184


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Annex II – part I – category 42 – point c a (new)


(ca) Cream may be used in the preparation of egg liqueur or advocaat or avocat or advokat.

Amendment 185



(a) Liqueur with egg is a spirit drink, whether or not flavoured, obtained from ethyl alcohol of agricultural origin, distillate or spirit drink, or a mixture thereof, the characteristic ingredients of which are quality egg yolk, egg white and sugar or honey. The minimum sugar or honey content must be 150 grams per litre expressed as invert sugar. The minimum egg yolk content must be 70 grams per litre of the final product.

(a) Liqueur with egg is a spirit drink, whether or not flavoured, obtained from ethyl alcohol of agricultural origin, distillate or spirit drink, or a combination thereof, the characteristic ingredients of which are quality egg yolk, egg white and sugar or honey. The minimum sugar or honey content must be 150 grams per litre expressed as invert sugar. The minimum egg yolk content must be 70 grams per litre of the final product.

Justification


Amendment 186



44. Mistrà 44. Mistrà

Justification


Amendment 187

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45. Väkevä glögi or spritglögg 45. Väkevä glögi or spritglögg

Justification


Amendment 188



46. Berenburg or Beerenburg 46. Berenburg or Beerenburg

Justification


Amendment 189

Proposal for a regulationAnnex II – Part II – point 2 a (new)


2a. Guignolet Kirsch is produced in France and obtained by mixing guignolet and kirsch, such that a minimum proportion of 3 % of the total pure alcohol contained in the final product comes from kirsch. The minimum alcoholic strength by volume of Guignolet Kirsch shall be 15 %. As regards the labelling and presentation, the word "Guignolet" shall appear in the presentation and labelling, in characters of the same font, size and colour, and on the same line, as the word "Kirsch" and, in the case of bottles, on the front label. The alcoholic composition

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information shall include an indication of the percentage by volume of pure alcohol that guignolet and kirsch represent in the total pure alcohol content by volume of Guignolet Kirsch.

Justification

The rapporteur proposes to have specific rules for the Guignolet-Kirsch in the same way as Rum-Verschnitt and Slivovice.

Amendment 190

Proposal for a regulationAnnex II a (new)


ANNEX IIa

DYNAMIC OR 'CRIADERAS Y SOLERA' AGEING SYSTEM

The dynamic or 'criaderas y solera' ageing system consists in the execution of periodical extractions of a portion of the brandy contained in each of the oak casks and containers that form an ageing scale and the corresponding replenishments with brandy extracted from the preceding ageing scale.

Definitions

Ageing scales: Each group of oak casks and containers with the same level of maturation, through which the brandy progresses in the course of its ageing process. Each scale is known as 'criadera', except the last one, previous to the expedition of the brandy, known as the 'solera'.

Extraction: Partial volume of brandy drawn from each oak cask and container in an ageing scale, for its incorporation to the oak casks and containers in the next ageing scale or, in the case of the solera, for its expedition.

Replenishment: Volume of brandy from the oak casks and containers of a given

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ageing scale that is incorporated into and blended with the content of the oak casks and containers of the following scale in terms of age.

Average age: Period of time corresponding to the rotation of the total stock of brandy that is undergoing the ageing process, calculated as the fraction between the total volume of brandy contained in all the ageing scales and the volume of the extractions made from the last scale –the solera– in one year.

The average age of the brandy drawn from the solera can be calculated using the following formula: 𝑡 ̅ = Vt/Ve

In which:

− 𝑡 ̅ is the average age, expressed in years

− Vt is the total volume of stocks in the ageing system, expressed in litres of pure alcohol.

− Ve is the total volume of product extracted for shipping during a year, expressed in litres of pure alcohol.

Minimum average age. In the case of oak casks and containers of less than 1 000 litres, the number of annual extractions and replenishments shall be equal to or lower than twice the number of scales in the system, in order to guarantee that the youngest component has an age equal to or higher than 6 months.

In the case of oak casks and containers of 1 000 litres or more, the number of annual extractions and replenishments shall be equal to or lower than the number of scales in the system, in order to guarantee that the youngest component has an age equal to or higher than 1 year.

Justification

Related to amendment tabled to Article 11, paragraph 3 a new

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EXPLANATORY STATEMENT

The Commission published its draft regulation on spirit drinks in December 2016 with the aim of aligning the current legal framework to the Treaty on the Functioning of the European Union (TFEU).

The rapporteur is in favour of aligning the legislation on spirit drinks to the Treaty of Lisbon. However she considers it important that the prerogatives Parliament already had under legislation in force be maintained in any alignment process. The rapporteur welcomes the work done by the Commission but feels that amendments are necessary at certain specific points in order to safeguard these rights. She also feels that the delegation powers granted to the Commission should be restricted to a renewable period of five years.

The legal basis is the one area in the proposal where there is a significant change to the Regulation in force. The rapporteur feels that the introduction of Article 43(2) TFEU is a very wise choice that draws attention to the agricultural roots of this legislation. While spirit drinks represent a very important outlet for the EU’s farm production on account of their quantity and quality, the ethyl alcohol used in the production of spirit drinks must also be agricultural in origin.

As regards the modification of Chapter III on geographical indications, the rapporteur agrees with the Commission that the different schemes for geographical indications in the European Union need to be harmonised. However, she feels that account must be taken of the specificities of the spirit drinks sector. Furthermore, existing geographical indications, for which a corresponding technical file has already been presented, must be automatically protected as geographical indications by the new Regulation and there must not be any way in which they could lose their protection after the new Regulation comes into force.

With harmonisation in mind, the proposal replaces Annex III of Regulation (EC) 110/2008 on geographical indications with an electronic register, similar to the one established for protected designations of origin and protected geographical indications for wine and foodstuffs. While the rapporteur is able to support this move and understands the Commission’s reasons for removing Annex III, she considers that, given the register’s importance, Parliament must be involved in any changes made to said register.

Article 13 of the proposal stipulates that the terms appearing in italics in Annex II shall not be translated either on the label or in the presentation of the spirit drink. Technical amendments have been introduced, adjusting the titles of categories of spirit drinks in Annex II, in the interests of greater clarity when complying with the requirements of Article 13.

Finally, technical amendments have been introduced in Annex II to rectify omissions or inconsistencies in the Regulation in force.

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11.10.2017

OPINION OF THE COMMITTEE ON INTERNATIONAL TRADE

for the Committee on the Environment, Public Health and Food Safety


Rapporteur: Nicola Danti

SHORT JUSTIFICATION

The principal objective of the proposal for a regulation is to align current legislation in this area with the provisions of the Treaty on the Functioning of the European Union (TFEU), empowering the Commission to adopt delegated and implementing acts under Articles 290 and 291 TFEU.

However, the rapporteur takes the view that Commission’s proposal seeks to modify a number of basic legislative provisions and introduce new ones, with possible implications regarding the powers of the International Trade Committee.

Spirit drinks make up one of the most important European agri-food export sectors amounting to over EUR 10bn in 2016, that is to say 8 % of the total.

It is therefore essential to keep in mind the importance of geographical indications (GIs) in protecting the distinctive character and quality of spirit drinks and other local, regional, national and EU products, thereby helping to keep alive traditional skills and occupations and providing consumers with clear information regarding the qualities that give such products their added value.

They have become a flagship European trade policy instrument, in a bid to achieve levels of

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protection outside the EU similar to those obtained within and help European quality products to gain an easier foothold on third country markets.

As with all intellectual property rights, protected geographical names are open to abuse. In order to fully uphold the reputation of spirit drinks on the domestic and global markets, more effective measures are needed to safeguard against counterfeiting and fraudulent practices.

With this in mind, the rapporteur believes it advisable to adopt regulatory framework provisions designed to ensure the same degree of statutory protection against the use of counterfeit geographical indications for products in transit on EU territory, even if they are not intended for the internal market.

In 2014, the value of products fraudulently using protected geographical indications was around EUR 4.3bn, that is to say around 9% of the total EU market for products thus protected In terms of the total value of these products, spirit drinks are the sector with the highest infringement levels.

It is therefore essential to update the relevant provisions in a bid to at least maintain the level of protection afforded under current legislation and take the measures necessary to optimize the sector.

With this in mind, the rapporteur considers it appropriate to reintroduce the provision under which spirit drinks intended for export could be labelled with not only the original geographical indication but also a translation thereof in a language other than an official language of the European Union, where required under the legislation of a third country. At the same time, he believes that this would take far too long if it were possible only through the adoption by the Commission of delegated acts.

The introduction of an electronic register of all geographical indications of spirit drinks is undoubtedly a commendable objective of the proposal. It could well prove to be an innovative, dynamic, transparent and more easily accessible tool. It must have the same legal force as Annex III of Regulation (EC) No 110/2008 and automatically include geographical indications registered and accompanied by product specifications as stipulated in the annex. Geographical indications protected in the Union and used in third countries may, if the latter so desire, be entered in the register under an international agreement. The rapporteur believes that this could be a major bargaining chip in trade negotiations with third countries, some of which have already shown interest in it.

Finally, the rapporteur considers it appropriate to confer delegated powers on the Commission for a fixed period of five years, possibly renewable for periods of the same duration.

The delegated powers relate to key provisions of the Regulation, necessitating wide cooperation and an unhindered exchange of information between Member States, Parliament and the Commission, so as to respond more effectively to the needs and interests of the sector.

In conclusion, the rapporteur considers that provisions seeking alignment with the TFEU must ensure levels of protection and optimisation least equivalent to those afforded by the Regulation currently in force.

In the longer term, the rapporteur considers that it would be a good idea to bring the

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regulatory framework provisions regarding EU geographical indications as closely as possible into line with each other, bearing in mind the specific nature of the different sectors. This would help ensure still greater EU cohesion at international level, while strengthening its hand in trade negotiations with third countries in this sector.

AMENDMENTS

The Committee on International Trade calls on the Committee on the Environment, Public Health and Food Safety, as the committee responsible, to take into account the following amendments:

Amendment 1



(15) In some cases, food business operators may be required or may want to indicate the origin of spirit drinks to draw consumers’ attention to the qualities of their product. Such origin indications should comply with harmonised criteria. Therefore, specific provisions on the indication of the country of origin or place of provenance in the presentation and labelling of spirit drinks should be laid down.

(15) In some cases, food business operators may be required or may want to indicate the origin of spirit drinks to draw consumers’ attention to the qualities of their product. Therefore, specific provisions on the indication of the country of origin or place of provenance in the presentation and labelling of spirit drinks should be laid down.

Amendment 2



(17) Concerning the protection of geographical indications, it is important to have due regard to the Agreement on Trade-Related Aspects of Intellectual Property Rights (‘TRIPS Agreement’), and in particular Articles 22 and 23 thereof, and to the General Agreement on Tariffs

(17) Concerning the protection of geographical indications, it is important to have due regard to the Agreement on Trade-Related Aspects of Intellectual Property Rights (‘TRIPS Agreement’), and in particular Articles 22 and 23 thereof, and to the General Agreement on Tariffs

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and Trade (‘GATT Agreement’) which were approved by Council Decision 94/800/EC.12

and Trade (‘GATT Agreement’) in particular Article V thereof on freedom of transit, which were approved by Council Decision 94/800/EC.12 Within that legal framework, in order to ensure full compliance with the requirements concerning the protection of geographical indications of spirit drinks, including packaging, and to combat counterfeiting more effectively, a facility should be introduced to permit the seizure of spirits suspected of infringing such protection requirements, and which are in transit through the Union customs territory, regardless of the final destination market.

Amendment 3



(18) Regulation (EU) No 1151/2012 of the European Parliament and of the Council13does not apply to spirit drinks. Rules on protection of geographical indications of spirit drinks should therefore be laid down. Geographical indications identifying spirit drinks as originating in the territory of a country, or a region or locality in that territory, where a given quality, reputation or other characteristic of the spirit drink are essentially attributable to its geographical origin should be registered by the Commission.

(18) Regulation (EU) No 1151/2012 of the European Parliament and of the Council13 does not apply to spirit drinks. Rules on protection of geographical indications of spirit drinks should therefore be laid down. Geographical indications identifying spirit drinks as originating in the territory of a country, or a region or locality in that territory, where a given quality, reputation, traditional method of processing and production or other characteristic of the spirit drink are essentially attributable to its geographical origin should be registered by the Commission.

Amendment 4



(19) Procedures for the registration, modification and possible cancellation of

(19) Procedures for the registration, modification and possible cancellation of

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Union or third country geographical indications in accordance with the TRIPS Agreement should be laid down whilst automatically recognising the status of existing protected geographical indications of the Union. In view of making procedural rules on geographical indications consistent through all the sectors concerned, such procedures for spirit drinks should be modelled on the more exhaustive and well tested procedures for agricultural products and foodstuffs laid down in Regulation (EU) No 1151/2012 while taking into account specificities of spirit drinks. In order to simplify the registration procedures and to ensure that information for food business operators and consumers is electronically available an electronic register of geographical indications should be established.

Union or third country geographical indications in accordance with the TRIPS Agreement should be laid down whilst automatically recognising the status of existing registered geographical indications of the Union. In view of making procedural rules on geographical indications consistent through all the sectors concerned, such procedures for spirit drinks should be modelled on similar procedures used for agricultural products and foodstuffs laid down in Regulation (EU) No 1151/2012 while taking into account specificities of spirit drinks. In order to simplify the registration procedures and to ensure that information for food business operators and consumers is electronically available a transparent, comprehensive and easily accessible electronic register of geographical indications with the same legal value as Annex III to Regulation (EC) No 110/2008 should be established. Geographical indications registered under Regulation (EC) No 110/2008 should automatically be registered by the Commission. The Commission should complete the verification of geographical indications contained in Annex III to Regulation (EC) No 110/2008, in accordance with Article 20 of that Regulation, before the entry into force of this Regulation.

Amendment 5



(22) In order to take into account evolving consumer demands, technological progress, developments in the relevant international standards and the need to improve the economic conditions of production and marketing, the traditional ageing processes and, in exceptional cases, the law of the importing third countries,

(22) In order to take into account evolving consumer demands, technological progress, developments in the relevant international standards and the need to improve the economic conditions of production and marketing, the traditional ageing processes and, in exceptional cases, the law of the importing third countries,

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and in order to ensure the protection of geographical indications, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of the amendment of or derogations from the technical definitions and requirements of the categories of spirit drinks and the specific rules concerning some of them referred to under Chapter I of this Regulation, the labelling and presentation referred to under Chapter II of this Regulation, the geographical indications referred to under Chapter III of this Regulation and the checks and exchange of information referred under Chapter IV of this Regulation.

and in order to ensure the protection of geographical indications, while taking into account the importance of traditional practices, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of the amendment of or derogations from the technical definitions and requirements of the categories of spirit drinks and the specific rules concerning some of them referred to under Chapter I of this Regulation, the labelling and presentation referred to under Chapter II of this Regulation, the geographical indications referred to under Chapter III of this Regulation and the checks and exchange of information referred under Chapter IV of this Regulation.

Amendment 6



(7) ‘product specification’ means a file attached to the application for the protection of a geographical indication setting out the specifications which the spirit drink must comply with;

(7) ‘product specification’ means a file attached to the application for the protection of a geographical indication setting out the specifications which the spirit drink must comply with and corresponding to the technical file provided for in Article 17 of Regulation (EC) No 110/2008;

Amendment 7



The delegated acts referred to in points (a) and (b) of the first subparagraph shall be limited to meeting demonstrated needs resulting from evolving consumer demands, technological progress,

The delegated acts referred to in points (a) and (b) of the first subparagraph shall be limited to meeting demonstrated needs resulting from evolving consumer demands, technological progress,

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developments in relevant international standards or needs for product innovation.

developments in relevant international standards or needs for product innovation, whilst taking into account the importance of traditional practices.

Amendment 8





Amendment 9




(b) by any terms permitted by the relevant product specification.

Amendment 10



The sales denominations referred to in paragraph 1 supplemented by the term ‘flavour’ or any other similar terms may only be used to refer to flavourings that imitate a spirit drink or their use in the production of a foodstuff other than a beverage. Geographical indications shall not be used to describe flavourings.

deleted

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Amendment 11



1. Where the origin of a spirit drink is indicated, it shall correspond to the country or territory of origin in accordance with Article 60 of Regulation (EU) No 952/2013 of the European Parliament and of the Council16.

1. Where the origin of a spirit drink is indicated, it shall refer to the place or region where the stage in the production process conferring on the spirit drink its character and essential qualities took place.

_______________16 Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1).

Amendment 12



1a. Without prejudice to paragraph 1, in the case of spirit drinks produced in the Union and intended for export, the geographical indications and the terms in italics in Annex II to this Regulation may be repeated also in, but not replaced by, a language other than an official language of the Union where required under the legislation of the importing third country.

Amendment 13



1. In order to take into account 1. In order to take into account

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evolving consumer demands, technological progress, developments in the relevant international standards and the need to improve the economic conditions of production and marketing, the Commission shall be empowered to adopt delegated acts in accordance with Article 43 concerning:

evolving consumer demands, technological progress, developments in the relevant international standards and the need to improve the economic conditions of production and marketing, while ensuring, at the same time, that consumers are protected and traditional practices are taken into account, the Commission shall be empowered to adopt delegated acts in accordance with Article 43 concerning:

Amendment 14




deleted

Amendment 15



1. Protected geographical indications may be used by any operator marketing a spirit drink produced in conformity with the corresponding product specification.

1. Registered geographical indications may be used by any operator marketing a spirit drink produced in conformity with the corresponding product specification.

Amendment 16



2. Protected geographical indications 2. Registered geographical indications

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and the spirit drinks using those protected names in conformity with the product specification shall be protected against:

and the spirit drinks using those protected names in conformity with the product specification shall be protected against:

Amendment 17



(b) any misuse, imitation or evocation, even if the true origin of the product or service is indicated or if the protected name is translated or accompanied by an expression such as ‘style’, ‘type’, ‘method’, ‘as produced in’, ‘imitation’, ‘flavour’, ‘like’ or similar;

(b) any misuse, imitation or evocation, even if the true origin of the product or service is indicated or if the protected name is translated or accompanied by an expression such as ‘style’, ‘type’, 'sort', ‘method’, ‘as produced in’, ‘imitation’, ‘flavour’, ‘like’ or similar;

Amendment 18




(c) any other false or misleading indication as to the provenance, origin, ingredients, nature or essential qualities of the product, on the presentation or labelling of the product, liable to convey a false impression as to its origin;

Amendment 19



2a. The protection for geographical indications referred to in paragraph 2 shall be extended to goods, including their packaging, that come from third countries and that are brought, in the course of

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trade, into the Union without being released for free circulation,.

Amendment 20



3. Protected geographical indications shall not become generic in the Union within the meaning of Article 32(1) .

3. Registered geographical indications shall not become generic in the Union within the meaning of Article 32(1).

Amendment 21




4. Member States shall take the steps necessary to stop the unlawful use of registered geographical indications as referred to in paragraph 2.

Amendment 22



a) the name to be protected as a geographical indication, as it is used, whether in trade or in common language, and only in the languages which are or were historically used to describe the specific product in the defined geographical area;

a) the name to be registered as a geographical indication, as it is used, whether in trade or in common language, and only in the languages which are or were historically used to describe the specific product in the defined geographical area;

Amendment 23


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5. Where the application relates to a geographical area in a third country the application shall be lodged with the Commission, either directly or via the authorities of the third country concerned.

5. Where the application relates to a geographical area in a third country the application shall be lodged with the Commission via the authorities of the third country concerned.

Amendment 24



1. The Commission shall scrutinise by appropriate means any application that it receives pursuant to Article 21, in order to check that it is justified and that it meets the conditions of this Chapter. This scrutiny should not exceed a period of 12 months. Where this period is exceeded, the Commission shall indicate in writing to the applicant the reasons for the delay.

1. The Commission shall scrutinise by appropriate means any application that it receives pursuant to Article 21, in order to check that it is justified and that it meets the conditions of this Chapter. This scrutiny shall not exceed a period of six months from reception of the application. Where this period is exceeded, the Commission shall indicate in writing to the applicant the reasons for the delay.

Amendment 25



1. Without prejudice to Article 18, the Commission may adopt implementing acts granting a transitional period of up to five years to enable spirit drinks originating in a Member State or a third country the name of which contravenes Article 18(2) to continue to use the designation under which it was marketed on condition that an admissible statement of opposition under Article 21(3) or Article 24 shows that the registration of the name would jeopardise the existence of:

1. Without prejudice to Article 18, the Commission may adopt implementing acts granting a transitional period of up to two years to enable spirit drinks originating in a Member State or a third country the name of which contravenes Article 18(2) to continue to use the designation under which it was marketed on condition that an admissible statement of opposition under Article 21(3) or Article 24 shows that the registration of the name would jeopardise the existence of:

Amendment 26

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1. Where, on the basis of the information available to the Commission from the scrutiny carried out pursuant to the first subparagraph of Article 23(1), the Commission considers that the conditions for registration are not fulfilled, it shall adopt implementing acts rejecting the application. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 44(2).

1. Where, on the basis of the information available to the Commission from the scrutiny carried out pursuant to the first subparagraph of Article 23(1), the Commission considers that the conditions for registration are not fulfilled, it shall adopt delegated acts, in accordance with Article 43, supplementing this Regulation, in order to reject the application.

Amendment 27



2. If the Commission receives no notice of opposition or no admissible reasoned statement of opposition under Article 24, it shall adopt implementing acts, without applying the procedure referred to in Article 44(2), registering the name.

2. If the Commission receives no notice of opposition or no admissible reasoned statement of opposition under Article 24, it shall adopt delegated acts, in accordance with Article 43, supplementing this Regulation, in order to register the name.

Amendment 28



(a) if an agreement has been reached, register the name by means of implementing acts adopted without applying the procedure referred to in Article 44(2), and, if necessary, amend the information published pursuant to Article 23(2) provided such amendments are not substantial; or

(a) if an agreement has been reached, adopt delegated acts, in accordance with Article 43, supplementing this Regulation in order to register the name and, if necessary, amend the information published pursuant to Article 23(2) provided such amendments are not substantial; or

Amendment 29

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(b) if an agreement has not been reached, adopt implementing acts deciding on the registration. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 44(2).

(b) if an agreement has not been reached, adopt delegated acts, in accordance with Article 43, supplementing this Regulation, in order to decide on the registration.

Amendment 30



However, where the amendment applications involve one or more amendments to the product specification that relate to the essential characteristics of the product, alter the link referred to in point (f) of Article 19, include a change to the name, or to any part of the name of the spirit drink, affect the defined geographical area or represent an increase in restrictions on trade in the product or its raw materials, the Member State shall submit the amendment application to the Commission for approval and the application shall follow the procedure laid down in Articles 21 to 27.

However, where the amendment applications involve one or more amendments to the product specification that relate to the essential characteristics of the product, alter the link referred to in point (f) of Article 19, include a change to the name, or to any part of the name of the spirit drink, affect the defined geographical area or represent an increase in restrictions on trade in the product or its raw materials, the Member State shall submit the amendment application to the Commission for approval and the application shall follow the procedure laid down in Articles 21 to 27. As regards third countries, the amendment shall be approved in accordance with the system in place in those third countries.

Amendment 31



3. The scrutiny of the application shall focus on the proposed amendment.

3. The scrutiny of the application shall focus solely on the proposed amendment.

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Amendment 32




The Commission is empowered to adopt delegated acts in accordance with Article 43, and supplementing this Regulation, on its own initiative or at the request of any natural or legal person having a legitimate interest, in order to cancel the registration of a geographical indication in the following cases:

Amendment 33



The implementing acts referred to in the first paragraph shall be adopted in accordance with the examination procedure referred to in Article 44(2).

deleted

Amendment 34




Amendment 35



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The Commission shall adopt implementing acts, without applying the procedure referred to in Article 44(2), establishing, maintaining and updating a transparent, publicly accessible and comprehensive electronic register of geographical indications of spirit drinks recognised under this scheme (‘the Register’), replacing and having the same legal value as Annex III to Regulation (EC) No 110/2008.

Amendment 36



Geographical indications of spirit drinks produced in third countries that are protected in the Union pursuant to an international agreement to which the Union is a contracting party may be entered in the Register as geographical indications.

Geographical indications of spirit drinks produced in third countries that are protected in the Union pursuant to an international agreement to which the Union is a contracting party may be entered in the Register as geographical indications only after the Commission has adopted an implementing act authorising such insertion in a separate section.

Amendment 37



3. A name shall not be protected as a geographical indication if the production or preparation steps which are compulsory for the relevant category of spirit drink, do not take place in the relevant geographical area.

3. A name shall not be protected as a geographical indication if the steps which are compulsory for the relevant category of spirit drink do not take place in the relevant geographical area.

Amendment 38


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1. The registration of a trademark which contains or consists of a geographical indication listed in the Register shall be refused or invalidated if its use would lead to any of the situations referred to in Article 18(2).

1. The registration of a trademark shall be refused or invalidated if its use would lead to any of the situations referred to in Article 18(2).

Amendment 39

Proposal for a regulationArticle 34 – title


Implementing powers with respect to existing protected geographical indications

Powers with respect to existing registered geographical indications

Amendment 40



1. Without prejudice to paragraph 2, geographical indications of spirit drinks protected under Regulation (EC) No 110/2008, shall automatically be protected as geographical indications under this Regulation. The Commission shall list them in the Register.

1. Without prejudice to paragraph 2, geographical indications of spirit drinks registered under Regulation (EC) No 110/2008, shall automatically be protected as geographical indications under this Regulation. The Commission shall list them in the Register.

Amendment 41



2. For a period of up to two years following the entry into force of this Regulation, the Commission, by means of implementing acts, may, on its own initiative, cancel the protection of geographical indications referred to in

2. Up to the entry into force of this Regulation, the Commission, by means of implementing acts, may, on its own initiative, cancel the registration of geographical indications referred to in Article 20 of Regulation (EU) No

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Article 20 of Regulation (EU) No 110/2008 if they do not comply with point (6) of Article 2(1). Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 44(2).

110/2008 if they do not comply with point (6) of Article 2(1). Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 44(2).

Amendment 42



5. The competent authorities or bodies referred to in paragraphs 1 and 2 verifying compliance of the protected geographical indication with the product specification shall be objective and impartial. They shall have at their disposal the qualified staff and resources necessary to carry out their tasks.

5. The competent authorities or bodies referred to in paragraphs 1 and 2 verifying compliance of the registered geographical indication with the product specification shall be objective and impartial. They shall have at their disposal the qualified staff and resources necessary to carry out their tasks.

Amendment 43



1. In order to take account of the specificities of the production in the demarcated geographical area, the Commission shall be empowered to adopt delegated acts in accordance with Article 43 concerning:

deleted

(a) the additional criteria for the demarcation of the geographical area; and

(b) the restrictions and derogations related to the production in the demarcated geographical area.

Amendment 44


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2. The power to adopt delegated acts referred to in Articles 5, 16, 38, 41 and 46(2) shall be conferred on the Commission for a five-year period of time from the entry into force of this Regulation. 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.

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PROCEDURE – COMMITTEE ASKED FOR OPINION

Title Definition, presentation and labelling of spirit drinks, the use of the names of spirit drinks in the presentation and labelling of other foodstuffs and the protection of geographical indications for spirit drinks

References COM(2016)0750 – C8-0496/2016 – 2016/0392(COD)

Committee responsible Date announced in plenary

ENVI12.12.2016

Opinion by Date announced in plenary

INTA12.12.2016

Rapporteur Date appointed

Nicola Danti23.1.2017

Discussed in committee 3.5.2017 11.7.2017

Date adopted 12.10.2017

Result of final vote +:–:0:

3503

Members present for the final vote Tiziana Beghin, David Borrelli, David Campbell Bannerman, Salvatore Cicu, Karoline Graswander-Hainz, France Jamet, Jude Kirton-Darling, Patricia Lalonde, Bernd Lange, David Martin, Emmanuel Maurel, Emma McClarkin, Anne-Marie Mineur, Alessia Maria Mosca, Franck Proust, Godelieve Quisthoudt-Rowohl, Viviane Reding, Inmaculada Rodríguez-Piñero Fernández, Tokia Saïfi, Matteo Salvini, Marietje Schaake, Helmut Scholz, Joachim Schuster, Joachim Starbatty, Adam Szejnfeld, Hannu Takkula, Iuliu Winkler, Jan Zahradil

Substitutes present for the final vote Klaus Buchner, Nicola Danti, Edouard Ferrand, Seán Kelly, Frédérique Ries, Fernando Ruas, Paul Rübig, José Ignacio Salafranca Sánchez-Neyra, Pedro Silva Pereira, Jarosław Wałęsa

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FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION

35 +ALDE Patricia Lalonde, Frédérique Ries, Marietje Schaake, Hannu Takkula

ECR David Campbell Bannerman, Emma McClarkin, Joachim Starbatty, Jan Zahradil

EFDD Tiziana Beghin, David Borrelli

GUE/NGL Anne-Marie Mineur, Helmut Scholz

PPE Salvatore Cicu, Seán Kelly, Franck Proust, Godelieve Quisthoudt-Rowohl, Viviane Reding, Fernando Ruas, Paul Rübig, Tokia Saïfi, Adam Szejnfeld, Jarosław Wałęsa, Iuliu Winkler

S&D Nicola Danti, Karoline Graswander-Hainz, Jude Kirton-Darling, Bernd Lange, David Martin, Emmanuel Maurel, Alessia Maria Mosca, Inmaculada Rodríguez-Piñero Fernández, Joachim Schuster, Pedro Silva Pereira

Verts/ALE Klaus Buchner

0 --- --

3 0ENF Edouard Ferrand, France Jamet, Matteo Salvini

Key to symbols:+ : in favour- : against0 : abstention

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21.11.2017

OPINION OF THE COMMITTEE ON AGRICULTURE AND RURAL DEVELOPMENT

for the Committee on the Environment, Public Health and Food Safety


Rapporteur: Angélique Delahaye

SHORT JUSTIFICATION

The system for the protection of geographical indications is a major factor in the European Union's trade policy. In this way, the Union not only succeeds in obtaining protection for its quality labels on external markets, but also encourages third countries to set up equivalent systems.

Historically, spirits represent a major part of European exports and enjoy an annual trade surplus of around € 10 billion and there are more than one million jobs related to this sector. Spirits are among the first products to have benefited from quality labels protection. In order to develop the spirits sector, the European Union introduced a legal framework to ensure the harmonisation of the rules on the marketing of spirits throughout the European Union with the adoption on 15 January 2008 of Regulation (EC) 110/2008 on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks. This Regulation applies to all spirits, whether produced in an EU country or in a third country.

Following the Treaty of Lisbon in 2009, the Commission launched an agricultural text alignment project. Regulation (EC) No 110/2008 is the last one that has not yet been processed in this way. On 1 December 2016, the Commission therefore proposed to the Council and Parliament a new Regulation amending Regulation (EC) No 110/2008.

The 2008 Regulation was well received by industry professionals. In its proposed text, the Commission takes a comprehensively modernising approach which is welcome. It also gives itself new prerogatives through implementing acts and makes substantial modifications.

The rapporteur considers that the Commission proposal should be limited to modernising the

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2008 text, introducing new provisions to strengthen the protection of geographical indications and modifying as little as possible the 2008 text. It is in this spirit that the rapporteur proposes her opinion on the text to the Committee on Agriculture and Rural Development.

The rapporteur would like to remind her colleagues in the Committee on Agriculture and Rural Development that this is a regulation on the technical and commercial labelling of spirits and not a regulation on health and consumer protection faced with the dangers of excessive consumption. The rapporteur thus calls on her fellow Members, in their amendments, to remain as close as possible to the scope of the text.

AMENDMENTS

The Committee on Agriculture and Rural Development calls on the Committee on the Environment, Public Health and Food Safety, as the committee responsible, to take into account the following amendments:

Amendment 1



(3) The measures applicable to spirit drinks should contribute to attaining a high level of consumer protection, preventing deceptive practices and attaining market transparency and fair competition. They should safeguard the reputation which the Union’s spirit drinks have achieved in the Union and on the world market by continuing to take into account the traditional practices used in the production of spirit drinks as well as increased demand for consumer protection and information. Technological innovation should also be taken into account in respect of spirit drinks, where such innovation serves to improve quality, without affecting the traditional character of the spirit drinks concerned. The production of spirit drinks is strongly linked to the agricultural sector. Besides representing a major outlet for the agriculture of the Union, this link is determinant for the quality and reputation of the spirit drinks produced in the Union.

(3) The measures applicable to spirit drinks should contribute to attaining a high level of consumer protection, preventing deceptive practices and attaining market transparency and fair competition. They should safeguard the reputation which the Union’s spirit drinks have achieved in the Union and on the world market by continuing to take into account the traditional practices used in the production of spirit drinks as well as increased demand for consumer protection and information. Technological innovation should also be taken into account in respect of spirit drinks, where such innovation serves to improve quality, without affecting the traditional character of the spirit drinks concerned. The production of spirit drinks is governed by Regulation (EC) No 178/2002 of the European Parliament and the Council1a , Regulation (EU) No 1169/2011 of the European and the Council1b and Regulation (EU)

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This strong link to the agricultural sector should therefore be emphasised by the regulatory framework.

2017/625of the European Parliament and the Council1c, and is strongly linked to the agricultural sector. Besides representing a major outlet for the agriculture of the Union, this link is determinant for the quality, safety and reputation of the spirit drinks produced in the Union. This strong link to the agri-food sector should therefore be emphasised by the regulatory framework.

____________________________1a Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety1b Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/20041c Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and

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(EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC

Amendment 2



(3a) The measures applicable to spirit drinks constitute a special case compared with the general rules laid down for the agri-food sector. The special features in this instance relate to the fact that traditional production methods continue to be kept alive, that spirit drinks are closely linked with the agricultural sector, the use of high-quality products, and the commitment to protecting consumer safety, which the spirit drinks sector is promising never to abandon.

Amendment 3



(4) To ensure a more uniform approach in the legislation on spirit drinks, this Regulation should set out clear criteria for the definition, presentation and labelling of spirit drinks as well as for the protection of geographical indications. It should also set out rules on the use of ethyl alcohol or distillates of agricultural origin in the production of alcoholic beverages and on the use of the sales denominations of spirit

(4) To ensure a more uniform approach in the legislation on spirit drinks, this Regulation should set out clear criteria for the definition, presentation and labelling of spirit drinks as well as for the protection of geographical indications, without prejudice to the varieties of official languages and alphabets in the Union. It should also set out rules on the use of ethyl alcohol or distillates of agricultural origin

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drinks in the presentation and labelling of foodstuffs.

in the production of alcoholic beverages and on the use of the sales denominations of spirit drinks in the presentation and labelling of foodstuffs.

Amendment 4



(17a) Member States are responsible for monitoring the unlawful use of protected geographical indications and the Commission should be informed of the application of the related rules in Member States, so that a suitable framework can exist that would allow fake spirits to be removed from the market.

Amendment 5

Proposal for a regulationRecital 17 b (new)


(17b) Furthermore, the protection of geographical indications should be extended to goods, including their packaging, that originate in third countries and are brought, in the course of trade, into the Union without being released for free circulation.

Amendment 6



(18) Regulation (EU) No 1151/2012 of the European Parliament and of the Council13does not apply to spirit drinks. Rules on protection of geographical indications of spirit drinks should therefore be laid down. Geographical indications

(18) Regulation (EU) No 1151/2012 of the European Parliament and of the Council13 does not apply to spirit drinks. Rules on protection of geographical indications of spirit drinks should therefore be laid down. Geographical indications

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identifying spirit drinks as originating in the territory of a country, or a region or locality in that territory, where a given quality, reputation or other characteristic of the spirit drink are essentially attributable to its geographical origin should be registered by the Commission.

identifying spirit drinks as originating in the territory of a country, or a region or locality in that territory, where a given quality, reputation, traditional method of processing and production, or other characteristic of the spirit drink is essentially attributable to its geographical origin, should be registered by the Commission.

_________________ _________________



Amendment 7



(18a) It is appropriate that spirit drinks with a geographical indication that are based on wines without indication of origin protection, and are recorded in this Regulation, should benefit from the same management tools concerning production potential as those that are available under Regulation (EU) No 1308/2013 of the European Parliament and of the Council1a.

_______________________1a Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007

Justification

The rapporteur proposes aligning the regulation with the draft opinion on the so called Omnibus proposal for a regulation of the European Parliament and of the Council on the

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financial rules applicable to the general budget of the Union, as adopted by the Agriculture Committee of the European Parliament on 3 May 2017.

Amendment 8



(19) Procedures for the registration, modification and possible cancellation of Union or third country geographical indications in accordance with the TRIPS Agreement should be laid down whilst automatically recognising the status of existing protected geographical indications of the Union. In view of making procedural rules on geographical indications consistent through all the sectors concerned, such procedures for spirit drinks should be modelled on the more exhaustive and well tested procedures for agricultural products and foodstuffs laid down in Regulation (EU) No 1151/2012 while taking into account specificities of spirit drinks. In order to simplify the registration procedures and to ensure that information for food business operators and consumers is electronically available an electronic register of geographical indications should be established.

(19) Procedures for the registration, modification and possible cancellation of Union or third country geographical indications in accordance with the TRIPS Agreement should be laid down whilst automatically recognising the status of existing registered geographical indications of the Union. In view of making procedural rules on geographical indications consistent through all the sectors concerned, such procedures for spirit drinks should be modelled on the more exhaustive and well tested procedures for agricultural products and foodstuffs laid down in Regulation (EU) No 1151/2012 while taking into account specificities of spirit drinks. In order to simplify the registration procedures and to ensure that information for food business operators and consumers is electronically available a transparent and exhaustive electronic register of geographical indications with the same legal value as Annex III to Regulation (EC) No 110/2008 should be established. Geographical indications registered under Regulation (EC) No 110/2008 should automatically be registered by the Commission. The Commission should complete the verification of geographical indications contained in Annex III to Regulation (EC) No 110/2008, in accordance with Article 20 of that Regulation, before the entry into force of this Regulation.

Amendment 9


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(19a) In order to ensure full compliance with the provisions concerning the protection of geographical indications of spirit drinks, consideration should be given to the adoption of rules preventing the fraudulent use of geographical indications to designate products in transit through Union territory, even where they are not intended for free circulation on the Union market.

Amendment 10



(20) Member State authorities should be responsible for ensuring compliance with this Regulation, and the Commission should be able to monitor and verify such compliance. Therefore the Commission and the Member States should be required to share relevant information with each other.

(20) Preserving a high standard of quality is essential if the sector's reputation and value are to be maintained. Member State authorities should be responsible for ensuring that the standard is preserved through compliance with this Regulation. The Commission should, however, be able to monitor and verify such compliance in order to ascertain that it is being uniformly enforced. Therefore the Commission and the Member States should be required to share relevant information with each other.

Amendment 11



(22) In order to take into account evolving consumer demands, technological progress, developments in the relevant international standards and the need to improve the economic conditions of production and marketing, the traditional ageing processes and, in exceptional cases,

(22) In order to take into account evolving consumer demands, technological progress, developments in the relevant international standards and the need to improve the economic conditions of production and marketing, the traditional ageing processes and, in exceptional cases,

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the law of the importing third countries, and in order to ensure the protection of geographical indications, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of the amendment of or derogations from the technical definitions and requirements of the categories of spirit drinks and the specific rules concerning some of them referred to under Chapter I of this Regulation, the labelling and presentation referred to under Chapter II of this Regulation, the geographical indications referred to under Chapter III of this Regulation and the checks and exchange of information referred under Chapter IV of this Regulation.

the law of the importing third countries, and in order to ensure the protection of geographical indications, while taking into account the importance of respecting traditional practices, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of the amendment of or derogations from the technical definitions and requirements of the categories of spirit drinks and the specific rules concerning some of them referred to under Chapter I of this Regulation, the labelling and presentation referred to under Chapter II of this Regulation, the geographical indications referred to under Chapter III of this Regulation and the checks and exchange of information referred under Chapter IV of this Regulation.

Amendment 12

Proposal for a regulationArticle 2 – paragraph 1 – point 1 – point d – point i – introductory part


(i) either directly by using any of the following methods:

(i) either directly by using any of the following methods, individually or in combination:

Justification

It must be ensured that the flexibility provided by "and/or" in Regulation (EC) No 110/2008 is maintained in this Regulation.

Amendment 13

Proposal for a regulationArticle 2 – paragraph 1 – point 1 – point d – point i – indent 2


- the maceration or similar processing of plant materials in ethyl alcohol of agricultural origin, distillates of agricultural origin or spirit drinks or a mixture thereof within the meaning of this

- the maceration or similar processing of plant materials in ethyl alcohol of agricultural origin, distillates of agricultural origin or spirit drinks or a combination thereof within the meaning of

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Regulation, this Regulation,

Amendment 14

Proposal for a regulationArticle 2 – paragraph 1 – point 1 – point d – point i – indent 3 – introductory part


- the addition to ethyl alcohol of agricultural origin, distillates of agricultural origin or spirit drinks of any of the following:

- the addition to ethyl alcohol of agricultural origin, distillates of agricultural origin or spirit drinks of one or more of the following:

Justification


Amendment 15

Proposal for a regulationArticle 2 – paragraph 1 – point 1 – point d – point ii – introductory part


(ii) by adding to a spirit drink any of the following:

(ii) by adding to a spirit drink one or more of the following:

Justification


Amendment 16



(3) ‘mixture’ means a spirit drink listed in Part I of Annex II or corresponding to a geographical indication mixed with any of the following:

(3) ‘mixture’ means a spirit drink listed in Part I of Annex II or corresponding to a geographical indication mixed with one of more of the following:

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Amendment 17

Proposal for a regulationArticle 2 – paragraph 1 – point 3 – point b a (new)


(ba) ethyl alcohol of agricultural origin;

Justification


Amendment 18



(4) ‘compound term’ means the combination of the terms of a sales denomination of a spirit drink provided for in Part I of Annex II or the terms of a geographical indication, describing a spirit drink, from which all the alcohol of the final product originates, with any of the following:

(4) ‘compound term’ means the combination of the terms of a sales denomination of a spirit drink provided for in Part I of Annex II or the terms of a geographical indication, describing a spirit drink, from which all the alcohol of the final product originates, with one or more of the following:

Justification


Amendment 19


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(5) ‘allusion’ means the direct or indirect reference to one or more spirit drinks listed in Part I of Annex II or geographical indications, other than the reference in a compound term or list of ingredients referred to in Article 8(6);

(5) ‘allusion’ means the direct or indirect reference to a spirit drink listed in Part I of Annex II or geographical indications, other than the reference in a compound term or list of ingredients referred to in Article 8(6);

Justification


Amendment 20



(6) ‘geographical indication’ means an indication which identifies a spirit drink as originating in the territory of a country, or a region or locality in that territory, where a given quality, reputation or other characteristic of that spirit drink is essentially attributable to its geographical origin;

(6) ‘geographical indication’ means an indication which identifies a spirit drink as originating in the territory of a country, or a region or locality in that territory, where a given quality, reputation, traditional method of processing or production, or other characteristic of that spirit drink is essentially attributable to its geographical origin;

Amendment 21



(7) ‘product specification’ means a file attached to the application for the protection of a geographical indication setting out the specifications which the spirit drink must comply with;

(7) ‘product specification’ means a file attached to the application for the protection of a geographical indication setting out the specifications which the spirit drink must comply with and corresponding to the "technical file" referred to in Regulation (EC) No 110/2008;

Amendment 22

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1. The alcohol used in the production of alcoholic beverages and to dilute or dissolve colours, flavourings or any other authorised additives used in the preparation of alcoholic beverages shall be ethyl alcohol of agricultural origin.

1. The alcohol used in the production of spirit drinks and to dilute or dissolve colours, flavourings or any other authorised additives used in the preparation of spirit drinks shall be ethyl alcohol of agricultural origin.

Amendment 23



2. Distillates used in the production of alcoholic beverages and to dilute or dissolve colours, flavourings or any other authorised additives used in the preparation of alcoholic beverages shall exclusively be of agricultural origin.

2. Distillates used in the production of spirit drinks and to dilute or dissolve colours, flavourings or any other authorised additives used in the preparation of spirit drinks shall exclusively be of agricultural origin.

Amendment 24



2a. Where ethyl alcohol or distillates of agricultural origin are to be marketed, the raw materials from which they have been obtained shall be specified in the electronic accompanying documents.

Justification

As called for in this amendment, the raw materials used to produce ethyl alcohol or distillates of agricultural origin should be listed in detail in the electronic accompanying documents in order to guarantee complete traceability and make it impossible to circumvent the rules. The substances concerned can also be used to produce other spirit drinks in which the alcohol or distillates have to be obtained from given raw materials only.

Amendment 25

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(e) solely be sweetened in accordance with point (3) of Annex I and in order to round off the final taste of the product.

(e) solely be sweetened in accordance with point (3) of Annex I and in order to round off the final taste of the product, taking into account the tradition and specific legislation of each Member State.

Justification

Since the 'rounding off' of traditional products has, until now, been governed by national rules, clarification is necessary in the Commission’s proposal, in accordance with the rules laid down in Regulation 110/2008 currently in force.

Amendment 26



(e) be sweetened to correspond to particular product characteristics and in accordance with point (3) of Annex I and taking into account the relevant legislation of the Member States.

(e) be sweetened to correspond to particular product characteristics and in accordance with point (3) of Annex I and taking into account the relevant legislation of the Member States. In each case, the sugar content shall be established for each product category.

Justification

Any attempt to harmonise the sugar content could be prejudicial to traditional practices.

Amendment 27




deleted

(a) the amendment of the technical definitions provided for in Annex I;

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(b) the amendment of the requirements of the categories of spirit drinks provided for in Part I of Annex II and the specific rules concerning certain spirit drinks listed in Part II of Annex II.

The delegated acts referred to in points (a) and (b) of the first subparagraph shall be limited to meeting demonstrated needs resulting from evolving consumer demands, technological progress, developments in relevant international standards or needs for product innovation.

Justification

Amendment, be it of Annex I, setting out the technical definitions, or of Annex II, relating to the categories of spirit drinks, including the addition of new categories, is a highly sensitive matter and Member States should be given greater power to deal with it.

Amendment 28



2. The Commission shall be empowered to adopt delegated acts in accordance with Article 43 concerning the addition of new categories of spirit drinks in Annex II.

deleted

A new category may be added under the following conditions:

(a) the marketing of a spirit drink under a particular name and in accordance with uniform technical specifications is economically and technically necessary to protect the interests of consumers and producers;

(b) a spirit drink has a significant market share in at least one Member State;

(c) the name chosen for the new category shall either be a widely used name or where this is not possible be of a descriptive nature, in particular, by referring to the raw material used for the

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production of the spirit drink;

(d) the technical specifications for the new category shall be laid down and based on an evaluation of existing quality and production parameters used on the Union market. When laying down the technical specifications, the applicable Union consumer protection legislation shall be respected and account shall be taken of any relevant international standards. They shall ensure fair competition amongst union producers as well as the high reputation of Union spirit drinks.

Justification

This area should be considered as essential and therefore the use of delegated acts to modify it should not be admissible. Delegated acts should be limited to issues of a purely technical and/or administrative nature: essential articles, such as this one, should be reserved to a transparent co-decision procedure.

Amendment 29




deleted

Justification

This area should be considered as essential and therefore the use of delegated acts to modify it should not be admissible. Delegated acts should be limited to issues of a purely technical and/or administrative nature: essential articles, such as this one, should be reserved to a transparent co-decision procedure.

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Amendment 30

Proposal for a regulationArticle 5 a (new)


Article 5a

Implementing power

The Commission may, by means of implementing acts, adopt rules on the maximum levels for the products used for rounding off listed in points (3) (a) to (f) of Annex I. Those implementing acts shall be adopted in accordance with the [advisory/examination] procedure referred to in Article [Y][(y)]."

Amendment 31




3. Where a spirit drink meets the requirements of more than one of the categories of spirit drinks listed in Part I of Annex II, it may be placed on the market under one or more of the sales denominations provided for under those categories.

Amendment 32



(a) supplemented or replaced by a geographical indication referred to in Chapter III, or supplemented in accordance with national provisions by another geographical indication, provided that this does not mislead the consumer; or

(a) supplemented or replaced by a geographical indication referred to in Chapter III, or supplemented in accordance with national provisions by the name of another geographical reference, provided that this does not mislead the consumer; or

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Justification

The Commission text foresees that the sale denomination of spirit drinks may be supplemented or replaced by the name of a geographical indication or supplemented by the name of an 'other geographical indication'. However, the repetition of the term "geographical indication" does not allow a good understanding of the text. The rapporteur proposes to clarify the text.

Amendment 33



If a sales denomination is supplemented or replaced in accordance with point (a) of the first subparagraph, the geographical indication referred to in that point may only be supplemented either:

If a legal name is supplemented or replaced in accordance with point (a) of the first subparagraph, the geographical indication referred to in that point may only be supplemented either:

Amendment 34



(a) by terms already in use on 20 February 2008 for existing geographical indications within the meaning of Article 34(1); or

(a) by terms already in use on 20 February 2008 for existing geographical indications within the meaning of Article 34(1), including the terms traditionally used in Member States to indicate that a product has a protected designation of origin under national law; or

Justification

The rapporteur proposes to secure the respect of each Member State's own quality protection systems.

Amendment 35



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(b) by any terms permitted by the relevant product specification;

Amendment 36



The sales denominations referred to in paragraph 1 supplemented by the term ‘flavour’ or any other similar terms may only be used to refer to flavourings that imitate a spirit drink or their use in the production of a foodstuff other than a beverage. Geographical indications shall not be used to describe flavourings.

The sales denominations referred to in paragraph 1 supplemented by the term ‘flavour’ or any other similar terms may only be used to refer to flavourings that imitate a spirit drink or their use in the production of a foodstuff other than a spirit drink. Geographical indications shall not be used to describe flavourings.

Justification

This is to allow the association 'flavour + category name' (not a geographical indication) for drinks other than spirit drinks.

Amendment 37



(a) the alcohol used in the production of the foodstuffs originates exclusively from the spirit drinks referred to in the compound term or in the allusion(s), except for ethyl alcohol that may be present in flavourings used for the production of that foodstuff; and

(a) the alcohol used in the production of the foodstuffs originates exclusively from the spirit drinks referred to in the compound term or in the allusion(s), except for ethyl alcohol that may be present in flavourings used for the production of that foodstuff and ethyl alcohol originating from an alcoholic drink other than a spirit; and

Justification

Cocktails may contain spirit drinks and alcoholic drinks. Mentioning both the alcohols contained in the finished product is not misleading to consumers since 100% of the alcohol comes from these two alcohols.

Amendment 38

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A mixture shall bear the sales denomination ‘spirit drink’.

A mixture shall bear the sales denomination ‘spirit drink’. That sales denomination shall be shown clearly and visibly in a prominent position on the label.

Amendment 39



3. A maturation period or age may only be specified in the presentation or labelling of a spirit drink where it refers to the youngest alcoholic component and provided that the spirit drink was aged under supervision of the tax authorities of a Member State or a supervision affording equivalent guarantees.

3. A maturation period or age may only be specified in the presentation or labelling of a spirit drink where it refers to the youngest alcoholic component and provided that all the operations to age the spirit drink took place under supervision of the tax authorities of a Member State or supervision affording equivalent guarantees. The Commission shall adopt a public register listing the bodies appointed by each Member State to supervise ageing processes.

Justification

The amendment is intended to make it clear that checks on aged products should be carried out on a continuing basis in an effective way, rather than being sporadic or based on samples. The object is to curb counterfeiting involving aged products, bearing in mind that ageing confers added value and a provision of this kind safeguards legality and fair competition and protects the ultimate consumers.

Amendment 40



3a. By way of derogation from paragraph 3, in the case of brandy aged using the ‘criaderas y solera’ dynamic ageing system, the average

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ageing of the brandy, calculated as described in Annex IIa, may only be mentioned in the presentation or labelling if the ageing of the brandy has been subject to a control system authorised by the competent authority. References on the labelling of the brandy to the average ageing, expressed in years, shall be accompanied by a reference to the ‘criaderas y solera’ system.

Justification

The aim is to allow producers of brandy aged using the ‘criaderas y solera’ dynamic ageing system to indicate this average age, expressed in years, on their labels. Compliance would be guaranteed by the operator being subject to a control system authorised by the authority concerned.

Amendment 41

Proposal for a regulationArticle 11 – paragraph 3 b (new)


3b. The maturation period or age and the sales denomination of a spirit drink shall be specified in the electronic accompanying documents.

Justification

The amendment is calling for important information about a spirit drink, for example the sales denomination or the maturation period, to be stated in the accompanying documents in order to make for greater traceability and prevent improper practices that might distort competition among producers or mislead consumers.

Amendment 42



1. Where the origin of a spirit drink is indicated, it shall correspond to the country or territory of origin in accordance with Article 60 of Regulation (EU) No 952/2013 of the European Parliament and of the Council16 .

1. Where the origin of a spirit drink is indicated, it shall correspond to the place or region where the relevant stage in the production process of the finished product took place which conferred on the spirit drink its character and essential definitive

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qualities.

_________________16 Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1).

Amendment 43



1a. In the case of spirit drinks produced in the Union and intended for export, the particulars provided for in this Regulation may be repeated in a language other than an official language of the Union.

Amendment 44



Use of a Union symbol for protected geographical indications

Use of a Union symbol for registered geographical indications

Amendment 45



The Union symbol for the protected geographical indication may be used for the labelling and presentation of spirit drinks.

The Union symbol for the registered geographical indication may be used for the labelling and presentation of spirit drinks.

Amendment 46


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Article 16 – paragraph 1 – introductory part


1. In order to take into account evolving consumer demands, technological progress, developments in the relevant international standards and the need to improve the economic conditions of production and marketing, the Commission shall be empowered to adopt delegated acts in accordance with Article 43 concerning:

1. In order to take into account evolving consumer demands, technological progress, developments in the relevant international standards and the need to improve the economic conditions of production and marketing, while ensuring consumer protection and taking into account traditional practices, the Commission shall be empowered to adopt delegated acts supplementing this regulation in accordance with Article 43 concerning:

Amendment 47




deleted

Justification

Certain names of spirits can no longer be translated into the language of their export markets. The Commission reserves the right to modify this translation by means of specific delegated acts for "exceptional cases". This seems an unnecessary constraint and complexification. The rapporteur proposes to return to the previous version of the text of Regulation (EC) 110/2008.

Amendment 48



1. Protected geographical indications may be used by any operator marketing a

1. Registered geographical indications may be used by any operator marketing a

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spirit drink produced in conformity with the corresponding product specification.

spirit drink produced in conformity with the corresponding product specification.

Amendment 49



2. Protected geographical indications and the spirit drinks using those protected names in conformity with the product specification shall be protected against:

2. Geographical indications protected under this Regulation shall be protected against:

Amendment 50

Proposal for a regulationArticle 18 – paragraph 2 – point a – point i


(i) by comparable products not complying with the product specification of the protected name; or

(i) by comparable products not complying with the product specification of the protected name, including when those products are used as an ingredient; or

Justification


Amendment 51



(b) any misuse, imitation or evocation, even if the true origin of the product or service is indicated or if the protected name is translated or accompanied by an expression such as ‘style’, ‘type’, ‘method’, ‘as produced in’, ‘imitation’,

(b) any misuse, imitation or evocation, even if the true origin of the product or service is indicated or if the protected name is translated or accompanied by an expression such as ‘style’, ‘type’, ‘method’, ‘as produced in’, ‘imitation’,

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‘flavour’, ‘like’ or similar; ‘flavour’, ‘like’ or similar, including when those products are used as an ingredient;

Justification


Amendment 52




(c) any other false or misleading indication as to the provenance, origin, nature, ingredients, or essential qualities of the product, on the presentation or labelling of the product liable to convey a false impression as to its origin;

Amendment 53



The protection for geographic indications shall be extended to goods, including packaging, that come from third countries and are brought, in the course of trade, into the Union without being released for free circulation;

Amendment 54



3. Protected geographical indications shall not become generic in the Union

3. Registered geographical indications shall not become generic in the Union

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within the meaning of Article 32(1). within the meaning of Article 32(1).

Amendment 55




4. Member States shall take the steps necessary to stop the unlawful use of registered geographical indications as referred to in paragraph 2.

Amendment 56



4a. Member States may apply the provisions laid down in Articles 61 to 72 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products to areas where wines suitable for producing spirit drinks with a geographical indication are produced. For the purposes of those provisions, the areas concerned may be treated as areas where wines with a protected designation of origin or protected geographical indication may be produced.

Justification

The rapporteur proposes aligning the regulation with the draft opinion on the so called Omnibus proposal for a regulation of the European Parliament and of the Council on the financial rules applicable to the general budget of the Union, as adopted by the Agriculture Committee of the European Parliament on 3 May 2017.

Amendment 57


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(a) the name to be protected as a geographical indication, as it is used, whether in trade or in common language, and only in the languages which are or were historically used to describe the specific product in the defined geographical area;

(a) the name to be registered as a geographical indication, as it is used, whether in trade or in common language, and only in the languages which are or were historically used to describe the specific product in the defined geographical area;

Amendment 58



(e) a description of the method of obtaining the spirit drink and, where appropriate, the authentic and unvarying local methods as well as information on packaging, if the applicant group so determines and gives sufficient product-specific justification as to why the packaging must take place in the defined geographical area to safeguard quality, to ensure the origin or to ensure control, taking into account Union law, in particular that on the free movement of goods and the free provision of services;

(e) a description of the method of producing the spirit drink and, where appropriate, the authentic and unvarying local methods as well as information on packaging, if the applicant group so determines and gives sufficient product-specific justification as to why the packaging must take place in the defined geographical area to safeguard quality, to ensure the origin or to ensure control, taking into account Union law, in particular that on the free movement of goods and the free provision of services;

Amendment 59

Proposal for a regulationArticle 19 – paragraph 1 – point f


(f) details establishing the link between a given quality, reputation or other characteristic of the spirit drink and the geographical area referred to in point (d);

(f) details establishing the link and characteristics of the spirit drink and the geographical area referred to in point (d);

Amendment 60


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The Commission shall scrutinise by appropriate means any application that it receives pursuant to Article 21, in order to check that it is justified and that it meets the conditions of this Chapter. This scrutiny should not exceed a period of 12 months. Where this period is exceeded, the Commission shall indicate in writing to the applicant the reasons for the delay.

The Commission shall scrutinise by appropriate means any application that it receives pursuant to Article 21, in order to check that it is justified and that it meets the conditions of this Chapter. This scrutiny should not exceed a period of six months. Where this period is exceeded, the Commission shall indicate in writing to the applicant the reasons for the delay.

Justification

The Commission proposes a period of 12 months for the registration of a spirit-based geographical indication. This period is 6 months for other food products. The rapporteur proposes to align the deadline for geographical indications with spirit on other geographical indications.

Amendment 61



Where national law applies, the application shall follow the national procedure.

Justification

Given the diversity of procedures in the Member States, the rapporteur proposes to clarify that, where applicable, national rules may apply.

Amendment 62




The Commission may, after consulting the respective authority of the member states affected, at the request of any natural or legal person having a legitimate interest, adopt implementing acts to cancel the registration of a geographical indication in

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the following cases:

Amendment 63



(b) where no product is placed on the market under the geographical indication for at least seven years.

(b) where no product is placed on the market under the geographical indication for at least seven consecutive years.

Amendment 64




Amendment 65




The Commission shall adopt delegated acts establishing and maintaining a publicly accessible updated electronic register of geographical indications of spirit drinks recognised under this scheme (‘the Register’), replacing and having the same legal value as Annex III of Regulation (EC) No 110/2008, the Register will provide direct access to all product specifications for spirit drinks registered as geographical indications.

Amendment 66


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The Commission may adopt implementing acts laying down detailed rules on the form and content of the Register. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 44(2).

The Commission may adopt delegated acts laying down detailed rules on the form and content of the Register..

Amendment 67



3a. The protection of geographical indications of spirit drinks covered by Article 2 of this Regulation shall be without prejudice to the protected geographical indications and designations of origin of products defined in Article 93 of Regulation (EC) No 1308/2013.

Justification

The rapporteur proposes aligning the Commission's text with Article 100 of Regulation (EC) No 1308/133 on the common organization of the market in agricultural products, which states that the protection of PGI and PDO for wines is without prejudice of the protection granted to spirit drinks.

Amendment 68



Implementing powers with respect to existing protected geographical indications

Implementing powers with respect to existing registered geographical indications

Amendment 69


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2. For a period of up to two years following the entry into force of this Regulation, the Commission, by means of implementing acts, may, on its own initiative, cancel the protection of geographical indications referred to in Article 20 of Regulation (EU) No 110/2008 if they do not comply with point (6) of Article 2(1). Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 44(2).

2. For a period of up to two years following the entry into force of this Regulation, the Commission, after consulting the Member State to a territory of which the geographical indication of the producers refers, and by means of implementing acts, may cancel the registration of geographical indications referred to in Article 20 of Regulation (EC) No 110/2008 if they do not comply with point (6) of Article 2(1). Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 44(2).

Amendment 70



Notwithstanding the national legislation of Member States, the costs of such verification of compliance with the product specification shall be borne by the food business operators which are subject to those controls.

Notwithstanding the national legislation of Member States, the costs of such verification of compliance with the product specification shall be borne by the operators which are subject to those controls.

Justification


Amendment 71



5. The competent authorities or bodies referred to in paragraphs 1 and 2 verifying compliance of the protected geographical indication with the product specification

5. The competent authorities or bodies referred to in paragraphs 1 and 2 verifying compliance of the registered geographical indication with the product specification

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shall be objective and impartial. They shall have at their disposal the qualified staff and resources necessary to carry out their tasks.

shall be objective and impartial. They shall have at their disposal the qualified staff and resources necessary to carry out their tasks.

Amendment 72



3. In order to ensure the rights or legitimate interests of producers or food business operators, the Commission may, by means of delegated acts adopted in accordance with Article 43, set out:

3. In order to ensure the rights or legitimate interests of producers or operators, the Commission may, by means of delegated acts adopted in accordance with Article 43, set out:

Justification


Amendment 73



7. In order to ensure the efficiency of the checks provided for in this Chapter, the Commission shall be empowered to adopt delegated acts in accordance with Article 43 concerning the necessary measures regarding the notification of food business operators to the competent authorities.

7. In order to ensure the efficiency of the checks provided for in this Chapter, the Commission shall be empowered to adopt delegated acts in accordance with Article 43 concerning the necessary measures regarding the notification of operators to the competent authorities.

Justification


Amendment 74


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Article 40 – paragraph 1


1. Member States shall be responsible for checks on spirit drinks. They shall take the measures necessary to ensure compliance with this Regulation and designate the competent authorities responsible on compliance with this Regulation.

1. Member States shall be responsible for checks on spirit drinks, in accordance with Regulation (EU) 2017/625. They shall take the measures necessary to ensure compliance with this Regulation and designate the competent authorities responsible on compliance with this Regulation.

Amendment 75




2. The power to adopt delegated acts referred to in Articles 16, 38, 41 and 46(2) shall be conferred on the Commission for a five-year period of time from the entry into force of this Regulation. This delegation of power shall be tacitly extended for a period of identical duration unless the European Parliament or the Council opposes such an extension not later than three months before the end of each period.

Amendment 76

Proposal for a regulationAnnex I – paragraph 1 – point 3 – point e a (new)


(ea) Stevia

Justification

Consumer interest in low-calorie products is leading to an increase in the use of this natural sweetener by producers of certain beverages.

Amendment 77

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Proposal for a regulationAnnex I – paragraph 1 – point 3 – point f


(f) any other natural carbohydrate substances having a similar effect to the products referred to in points (a) to (e).

(f) any other agricultural raw materials, substances of agricultural origin or natural carbohydrate substances having a similar effect to the products referred to in points (a) to (e).

Amendment 78



8a. 'Flavouring' means the addition of flavourings or food ingredients with flavouring properties in the preparation of a spirit drink.

Justification


Amendment 79

Proposal for a regulationAnnex I – paragraph 1 – point 8 b (new)


8b. 'Place of manufacture' means the place or region where the stage in the production process of the finished product, which conferred on the spirit drink its character and essential definitive qualities, took place.

Justification


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Amendment 80

Proposal for a regulationAnnex I – paragraph 1 – point 8 c (new)


8c. 'Description' means the terms used on the labelling, presentation, and packaging; in the documents accompanying the transport of a drink; in the commercial documents, particularly the invoices and delivery notes; and used in advertisements for the drink.

Justification


Amendment 81

Proposal for a regulationAnnex II – section 1 – part 1 – point a – point ii


(ii) a spirit drink produced exclusively by alcoholic fermentation and distillation of sugar-cane juice which has the aromatic characteristics specific to rum and a volatile substances content equal to or exceeding 225 grams per hectolitre of 100 % vol. alcohol. This spirit drink may be placed on the market with the word ‘agricultural’ qualifying the sales denomination ‘rum’ accompanied by any registered geographical indications of the French Overseas Departments and the Autonomous Region of Madeira.

(ii) a spirit drink produced exclusively by alcoholic fermentation and distillation of sugar-cane juice which has the aromatic characteristics specific to rum and a volatile substances content equal to or exceeding 225 grams per hectolitre of 100 % vol. alcohol. This spirit drink may be placed on the market with the word ‘agricultural’ qualifying the legal name ‘rum’ only when it is accompanied by any registered geographical indications of the French Overseas Departments and the Autonomous Region of Madeira.

Justification

Make clear that the term 'agricultural' refers only to rums under geographical indication.

Amendment 82

Proposal for a regulationAnnex II – section 1 – part 1 – point f a (new)

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(fa) Rum may be sweetened by up to 20 g per litre of final product, expressed as invert sugar, in order to round off the final taste.

Justification

Certain eaux-de-vie under European geographical indications are limited in their sweetening. They compete with imported spirits using the same name but with a much higher sweetening rate. In order to restore fair competition, to enhance European geographical indications and to provide consumers with good information, the rapporteur proposes setting the limit of 20gr of sugar per liter for all eaux-de-vie.

Amendment 83



(fa) Grain spirit may be sweetened by up to 20 g per litre of final product, expressed as invert sugar, in order to round off the final taste.

Justification


Amendment 84



(fa) Wine spirit may be sweetened by up to 20 g per litre of final product, expressed as invert sugar, in order to round off the final taste.

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Justification


Amendment 85

Proposal for a regulationAnnex II – section 1 – part 5 – point e a (new)


(ea) Brandy or Weinbrand may be sweetened by up to 35 g per litre of finished product, expressed as invert sugar, in order to round off the final held.

Justification

Account should be taken of the current rules governing the producers of brandy. Spanish national legislation allows a maximum content of 35 grams per litre.

Amendment 86



(ea) Grape marc spirit or grape marc may be sweetened by up to 20 g per litre of final product, expressed as invert sugar, in order to round off the final taste.

Justification


Amendment 87


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(fa) Fruit marc spirit may be sweetened by up to 20 g per litre of final product, expressed as invert sugar, in order to round off the final taste.

Justification


Amendment 88



(ea) Raisin spirit or raisin brandy may be sweetened by up to 20 g per litre of final product, expressed as invert sugar, in order to round off the final taste.

Justification


Amendment 89

Proposal for a regulationAnnex II – section 1 – part 9 – point h a (new)


(ha) Fruit spirit may be sweetened by up to 20 g per litre of final product, expressed as invert sugar, in order to round off the final taste.

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Justification


Amendment 90

Proposal for a regulationAnnex II – section 1 – part 10 – point d


(d) Neither cider spirit nor perry spirit shall be flavoured.

(d) Neither cider spirit nor perry spirit shall be flavoured. However, that shall not exclude traditional production methods.

Justification

The rapporteur proposes to secure the traditional production methods for cider and perry spirits such as Calvados.

Amendment 91



(ea) Cider spirit and perry spirit may be sweetened by up to 20 g per litre of final product, expressed as invert sugar, in order to round off the final taste.

Justification


Amendment 92


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(fa) Honey spirit may be sweetened by up to 20 g per litre of final product, expressed as invert sugar, in order to round off the final taste.

Justification


Amendment 93



(fa) Hefebrand may be sweetened by up to 20 g per litre of final product, expressed as invert sugar, in order to round off the final taste.

Justification


Amendment 94



(ea) Bierbrand or eau-de-vie de bière may be sweetened by up to 20 g per litre of final product, expressed as invert sugar, in order to round off the final taste.

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Justification


Amendment 95



(ea) Topinambur may be sweetened by up to 20 g per litre of final product, expressed as invert sugar, in order to round off the final taste.

Justification


Amendment 96

Proposal for a regulationAnnex II – section 1 – part 15 – point a – paragraph 3


Maximum levels of residue for ethyl alcohol of agricultural origin shall meet those set out in point (1) of Annex I, except that the methanol content shall not exceed 10 grams per hectolitre of 100 % vol. alcohol.

Maximum levels of residue for ethyl alcohol of agricultural origin used to produce vodka shall meet those set out in point (1) of Annex I, except that the methanol content shall not exceed 10 grams per hectolitre of 100 % vol. alcohol.

Amendment 97

Proposal for a regulationAnnex II – section 1 – part 15 – point a – paragraph 3 – point a (new)


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(a) The maximum sugar content of vodka shall be 10 grams per litre, expressed as invert sugar.

Amendment 98

Proposal for a regulationAnnex II – section 1 – part 15 a (new)


15a. Vodka may be sweetened in order to round off the final taste. However, the final product shall not contain more than 10 g of sweetening substances per litre, expressed as invert sugar equivalent.

Amendment 99

Proposal for a regulationAnnex II – section 1 – part 31 a (new)


31a. The maximum sugar content of flavoured vodka shall be 100 grams per litre, expressed as invert sugar.

Amendment 100

Proposal for a regulationAnnex II – section 1 – part 42 – point a


(a) Egg liqueur or advocaat or avocat or advokat is a spirit drink, whether or not flavoured, obtained from ethyl alcohol of agricultural origin, distillate or spirit, or a mixture thereof, the ingredients of which are quality egg yolk, egg white and sugar or honey. The minimum sugar or honey content must be 150 grams per litre expressed as invert sugar. The minimum content of pure egg yolk must be 140 grams per litre of the final product.

(a) Egg liqueur or advocaat or avocat or advokat is a spirit drink, whether or not flavoured, obtained from ethyl alcohol of agricultural origin, distillate or spirit, or a mixture thereof, the ingredients of which are egg yolk, egg white and sugar or honey. The minimum sugar or honey content must be 150 grams per litre expressed as invert sugar. The minimum content of pure egg yolk must be 140 grams per litre of the final product.

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Amendment 101

Proposal for a regulationAnnex II – section 2 – point 2 a (new)


2a. Guignolet Kirsch is produced in France and obtained by mixing guignolet and kirsch, such that a minimum proportion of 3 % of the total pure alcohol contained in the final product comes from kirsch. The minimum alcoholic strength by volume of Guignolet Kirsch shall be 15 %. As regards the labelling and presentation, the word "Guignolet" shall appear in the presentation and labelling in characters of the same font, size and colour, and on the same line, as the word "Kirsch" and, in the case of bottles, on the front label. The alcoholic composition information shall include an indication of the percentage by volume of pure alcohol that guignolet and kirsch represent in the total pure alcohol content by volume of Guignolet Kirsch.

Justification

The rapporteur proposes to have specific rules for the Guignolet-Kirsch in the same way as Rum Verschnitt and Slivovice.

Amendment 102

Proposal for a regulationAnnex II a (new)


Annex IIa

Criaderas y solera dynamic ageing system.

The traditional ageing system in Spain, referred to in national legislation in Royal Decree 164/2014 of 14 March 2014, as well as in the technical files for the geographical indications of brandy, consists of the periodic tapping of part of the brandy contained in each of the oak

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barrels or containers which form an ageing scale, and the corresponding transfer of brandy tapped from another, previous ageing scale.

Definitions

‘Ageing scales’ means each of the sets of oak barrels or containers of the same age which the brandy passes through in the ageing process. Each scale is called a 'criadera', except the last, prior to the bottling of the brandy, which is called the ‘solera’.

‘Tapping’means the partial volume of the brandy content of each oak barrel or container which is tapped for adding to the barrels and/or containers of the level immediately following that scale or, in the case of the solera, for bottling.

‘Transfer’ means the volume taken from the oak barrels or containers of a certain scale, which is added to and mixed with the content of the oak barrels or containers of the scale immediately following in terms of age.

‘Average ageing’ means the period of time corresponding to the refreshment of all the brandy in the ageing process, calculated as the ratio between the total volume of brandy contained in all the ageing scales and the volume of the tappings taken from the last scale — the solera — over the course of a year.

The average ageing of brandy tapped from the solera can be calculated according to the following formula:

t❑= VtV e

Where:

- t is the average ageing, expressed in years,

- Vt is the total volume of stock in the ageing system, expressed in litres of pure alcohol,

- Ve is the total volume of the product

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tapped from the system for bottling in the course of one year, expressed in litres of pure alcohol.

Minimum average age: In the case of oak barrels or containers with a capacity of less than 1 000 litres, the number of tappings and transfers per year shall be less than or equal to twice the number of scales in the system so as to ensure that the youngest component is aged for not less than six months.

In the case of containers with a capacity of 1 000 litres or more, the number of tappings and transfers per year shall be less than or equal to the number of scales in the system so as to ensure that the youngest component is aged for not less than one year.

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PROCEDURE – COMMITTEE ASKED FOR OPINION




ENVI12.12.2016

Opinion by Date announced in plenary

AGRI12.12.2016

Rapporteur Date appointed

Angélique Delahaye2.3.2017



3710

Members present for the final vote John Stuart Agnew, Clara Eugenia Aguilera García, Eric Andrieu, José Bové, Daniel Buda, Nicola Caputo, Viorica Dăncilă, Michel Dantin, Paolo De Castro, Jean-Paul Denanot, Albert Deß, Diane Dodds, Herbert Dorfmann, Norbert Erdős, Luke Ming Flanagan, Martin Häusling, Anja Hazekamp, Esther Herranz García, Ivan Jakovčić, Philippe Loiseau, Ulrike Müller, James Nicholson, Maria Noichl, Marijana Petir, Jens Rohde, Bronis Ropė, Maria Lidia Senra Rodríguez, Czesław Adam Siekierski, Tibor Szanyi, Marc Tarabella, Marco Zullo

Substitutes present for the final vote Paul Brannen, Alberto Cirio, Angélique Delahaye, Norbert Lins, Gabriel Mato, Annie Schreijer-Pierik, Vladimir Urutchev, Ramón Luis Valcárcel Siso, Hilde Vautmans, Miguel Viegas

Substitutes under Rule 200(2) present for the final vote

Stanisław Ożóg

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FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION

37 +PPE Daniel Buda, Michel Dantin, Angélique Delahaye, Albert Deß, Herbert Dorfmann,

Norbert Erdős, Esther Herranz García, Norbert Lins, Gabriel Mato, Marijana Petir, Annie Schreijer-Pierik, Czesław Adam Siekierski, Vladimir Urutchev

S&D Clara Eugenia Aguilera García, Eric Andrieu, Paul Brannen, Nicola Caputo, Paolo De Castro, Jean-Paul Denanot, Viorica Dăncilă, Maria Noichl, Tibor Szanyi, Marc Tarabella

ECR James Nicholson, Stanisław Ożóg

ALDE Ivan Jakovčić, Ulrike Müller, Jens Rohde, Hilde Vautmans

GUE/NGL Luke Ming Flanagan, Anja Hazekamp, Maria Lidia Senra Rodríguez, Miguel Viegas

Verts/ALE Martin Häusling, Bronis Ropė

EFDD Marco Zullo

ENF Philippe Loiseau

1 -EFDD John Stuart Agnew

0 0


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PROCEDURE – COMMITTEE RESPONSIBLE



Date submitted to Parliament 1.12.2016


ENVI12.12.2016

Committees asked for opinions Date announced in plenary

INTA12.12.2016

IMCO12.12.2016

AGRI12.12.2016

Not delivering opinions Date of decision

IMCO25.1.2017

Rapporteurs Date appointed

Pilar Ayuso16.2.2017

Discussed in committee 11.7.2017



5410

Members present for the final vote Marco Affronte, Pilar Ayuso, Ivo Belet, Simona Bonafè, Biljana Borzan, Paul Brannen, Soledad Cabezón Ruiz, Nessa Childers, Birgit Collin-Langen, Seb Dance, Mark Demesmaeker, Stefan Eck, José Inácio Faria, Francesc Gambús, Elisabetta Gardini, Gerben-Jan Gerbrandy, Arne Gericke, Julie Girling, Françoise Grossetête, Andrzej Grzyb, Jytte Guteland, Anneli Jäätteenmäki, Karin Kadenbach, Kateřina Konečná, Urszula Krupa, Giovanni La Via, Jo Leinen, Peter Liese, Joëlle Mélin, Susanne Melior, Gilles Pargneaux, Piernicola Pedicini, Bolesław G. Piecha, John Procter, Julia Reid, Frédérique Ries, Daciana Octavia Sârbu, Annie Schreijer-Pierik, Renate Sommer, Claudiu Ciprian Tănăsescu, Ivica Tolić, Adina-Ioana Vălean, Jadwiga Wiśniewska, Damiano Zoffoli

Substitutes present for the final vote Elena Gentile, Martin Häusling, Norbert Lins, Nuno Melo, Ulrike Müller, Christel Schaldemose, Bart Staes, Keith Taylor, Carlos Zorrinho

Substitutes under Rule 200(2) present for the final vote

France Jamet, Jiří Maštálka

Date tabled 2.2.2018

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FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE

54 +ALDE Gerben-Jan Gerbrandy, Anneli Jäätteenmäki, Ulrike Müller, Frédérique Ries

ECR Mark Demesmaeker, Arne Gericke, Julie Girling, Urszula Krupa, Bolesław G. Piecha, John Procter, Jadwiga Wiśniewska

EFDD Piernicola Pedicini

ENF France Jamet, Joëlle Mélin

GUE/NGL Stefan Eck, Kateřina Konečná, Jiří Maštálka

PPE Pilar Ayuso, Ivo Belet, Birgit Collin-Langen, José Inácio Faria, Francesc Gambús, Elisabetta Gardini, Françoise Grossetête, Andrzej Grzyb, Giovanni La Via, Peter Liese, Norbert Lins, Nuno Melo, Annie Schreijer-Pierik, Renate Sommer, Ivica Tolić, Adina-Ioana Vălean

S&D Simona Bonafè, Biljana Borzan, Paul Brannen, Soledad Cabezón Ruiz, Nessa Childers, Seb Dance, Elena Gentile, Jytte Guteland, Karin Kadenbach, Jo Leinen, Susanne Melior, Gilles Pargneaux, Christel Schaldemose, Daciana Octavia Sârbu, Claudiu Ciprian Tănăsescu, Damiano Zoffoli, Carlos Zorrinho

VERTS/ALE Marco Affronte, Martin Häusling, Bart Staes, Keith Taylor

1 -EFDD Julia Reid

0 0


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pr_cod_1amcom · web viewthis change would introduce the word ‘production’ into the recital...

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