Foodlaw-Reading
Dr David Jukes, The University of Reading, UK
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European Parliament Press Release, 24 October 2023
On Tuesday evening, negotiators from the Parliament and Council reached a provisional political agreement on the reform of EU rules for GIs for wine, spirit drinks and agricultural products. The regulation increases powers of producers of GIs, improves the protection of GIs in the EU and internationally, and streamlines the registration process of GIs, with fixed deadline of six months for its scrutiny.
Protection online
Co-legislators agreed that GIs will be better protected online. MEPs insisted that the obligation of national authorities to take administrative and judicial steps to prevent or stop the use of names of GIs used illegally would apply to online abuse too, through a system of geo-blocking. Domain names using GIs illegally will have to be removed or access to them will have to be disabled. A domain name alert system will be set by the EU Intellectual Property Office (EUIPO) for this purpose.
Protection of GIs as ingredients
Co-legislators agreed that a GI designating a product used as an ingredient may be used in the name of the related processed product or in its labelling, or in advertising material only where the GI ingredient is used in sufficient quantities to confer an essential characteristic on the processed product, and no other product comparable to the GI is used. The percentage of the ingredient will have to be indicated in the label. Processors of such products will have to give a prior notification to the recognised producer group for that ingredient and wait for their acknowledgement, which may include recommendations on the correct use of the GI.
Empowering producer groups
Producer groups will get more rights and recognition, according to the negotiated text. MEPs insisted that they will be able to prevent or counter any measures or commercial practices, which are detrimental to the image and value of their products, including devaluating marketing practices and lowering prices, develop tourism services in their production area and prepare sustainability reports describing their sustainable practices, in terms of social, environmental, or economic commitments. In order to increase transparency towards consumers, MEPs also made sure that the name of the producer would appear in the same field of vision as the geographical indication on the packaging of all GIs.
Administration of the GI system and the uniqueness of wine
Co-legislators agreed that the Commission, with its unique competences in the area of rural development would remain the sole scrutiniser of GIs system, thus consolidating the link between EU quality products and the development of rural areas. The EUIPO might only provide technical assistance to the Commission on merely administrative issues.
MEPs insisted on the recognition of wine as a front-runner in the GI world and on the uniqueness of GIs provisions for wine, maintaining ad-hoc rules for the sector in the Common organisation of agricultural markets regulation.
Quote
Rapporteur Paolo De Castro (S&D, IT) said: “The new single text for European quality production is the only piece of legislation discussed in this legislature to support a more competitive, sustainable, integrated and value-adding agriculture and agri-food sector, to the benefit our rural areas. Thanks to the strong mandate of the European Parliament that we defended in the negotiations, EU producers and consumers will benefit from a robust regime for the protection, promotion and sustainability of GIs products."
Next steps
Once both Parliament and Council formally adopt the rules, they will be published in the EU Official Journal and enter into force 20 days later.
Background
GIs are defined by the World Intellectual Property Organization as signs used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin.
GIs have been protected by the EU since the 1970s. Today, the EU register of GIs contains almost 3500 entries, which represent a sales value of almost EUR 80 billion. The sales value of a product with a protected name is often double that of similar products without a certification.
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