REPORT on the proposal for a Council regulation on agricultural products and foodstuffs as traditional specialities guaranteed

23.2.2006 - (COM(2005) 694 – C6‑0026/2006 – 2005/0270(CNS)) - *

Committee on Agriculture and Rural Development
Rapporteur: Friedrich-Wilhelm Graefe zu Baringdorf


Procedure : 2005/0270(CNS)
Document stages in plenary
Document selected :  
A6-0033/2006

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a Council regulation on agricultural products and foodstuffs as traditional specialities guaranteed

(COM(2005) 694 – C6‑0026/2006 – 2005/0270(CNS))

(Consultation procedure)

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2005) 694)[1],

–   having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C6‑0026/2006),

–   having regard to Rule 51 of its Rules of Procedure,

–   having regard to the report of the Committee on Agriculture and Rural Development (A6‑0033/2006),

1.  Approves the Commission proposal as amended;

2.  Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;

3.  Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

4.  Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;

5.  Instructs its President to forward its position to the Council and Commission.

Text proposed by the CommissionAmendments by Parliament

Amendment 1

Recital 7

(7) The labelling of agricultural products and foodstuffs is subject to the general rules laid down in Council Directive 2000/13/EC of 20 March 2000 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs. In view of their specific character, however, special additional provisions should be adopted for traditional specialities guaranteed. In order to make for easier and quicker identification of traditional specialities guaranteed produced within the Community, use of the expressions and Community symbols concerned should be made obligatory on their labelling, while affording operators a reasonable amount of time to adjust to this requirement.

(7) The labelling of agricultural products and foodstuffs is subject to the general rules laid down in Directive 2000/13/EC of the European Parliament and of the Council of 20 March 2000 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs. In view of their specific character, however, special additional provisions should be adopted for traditional specialities guaranteed. In order to make for easier and quicker identification of traditional specialities guaranteed produced within the Community, use of the expressions and the specific Community symbol associated with traditional speciality guaranteed should be made obligatory on their labelling, while affording operators a reasonable amount of time to adjust to this requirement.

Amendment 2

Recital 7a (new)

 

(7a) With regard to the extension of the scope of application of this Regulation to products from third countries, and in order to safeguard consumers against the risk of confusion between the Community symbol and the origin of the product, the label should indicate the place of origin and place of processing of the agricultural product or foodstuff marketed with an indication of traditional speciality guaranteed.

Amendment 3

Article 2, paragraph 1, point (b)

(b) “traditional” means proven usage on the Community market for a period at least equal to that generally ascribed to a human generation;

(b) "traditional" means a product which has proven specific characteristics which distinguish it from other similar products in the same category and which has been used on the market since before the Second World War;

Justification

For a product to be considered as embodying elements of tradition, it must have been in circulation on the market since before the Second World War, which is regarded worldwide as a landmark period.

Amendment 4

Article 3, paragraph 1

The Commission shall keep a register of the traditional specialities guaranteed recognised throughout the Community under this Regulation.

The Commission shall keep a register of the traditional specialities guaranteed recognised throughout the Community under this Regulation and publish it on the Internet.

Justification

The register should be easily accessible to consumers and producers.

Amendment 5

Article 3, paragraph 3 (new)

 

It shall not be allowed under any circumstances to use names which have been registered as products of designated origin or products of geographical indication.

Justification

The names to be used in registering the products under this Regulation must not, under any circumstances, include names which have already been registered as PDOs or PGIs.

Amendment 6

Article 7, paragraph 3, point (d a) (new)

(da) any other information which, on duly justified grounds, the Member State deems necessary.

Amendment 7

Article 7, paragraph 5, subparagraph 1

5. When undertaking the scrutiny referred to in the second subparagraph of paragraph 4, Member States shall introduce a national objection procedure ensuring adequate publication of the application and providing for a reasonable period in which any legitimately concerned individual established on its territory may lodge an objection to the application.

5. When undertaking the scrutiny referred to in the second subparagraph of paragraph 4, Member States shall introduce a national objection procedure ensuring adequate publication of the application and laying down a period of 3 months in which any legitimately concerned individual established on its territory may lodge an objection to the application.

Justification

The period in which objections can be made should be clearly specified so as to avoid unnecessary delays for the applicant.

Amendment 8

Article 8, paragraph 1, subparagraph 1

1. The Commission shall scrutinise the application in order to check that it is justified and meets the conditions laid down in this Regulation.

1. Within a period of four months, the Commission shall scrutinise the application in order to check that it is justified and meets the conditions laid down in this Regulation.

Justification

Unlike Article 8 of Regulation 2082/92, the Commission proposal does not provide for any deadlines by which it is required to give a decision on an application for registration. It is necessary to insert a deadline by which a decision must be taken to ensure a speedy procedure which, although it is divided up into different phases, must be completed within a timescale that meets the needs of both legal certainty, and of producers and consumers.

Amendment 9

Article 8, paragraph 2, subparagraph 1

2. Where the conditions of this Regulation appear to be met, the Commission shall publish in the Official Journal of the European Union the product specification referred to in Article 6, and the details of the applicant group and of the inspection structure(s) laid down in Article 15.

2. Where the conditions of this Regulation appear to be met and within a period of no more than six months from the date of receipt of the application referred to in Article 7(6), the Commission shall publish in the Official Journal of the European Union the product specification referred to in Article 6, and the details of the applicant group and of the inspection structure(s) laid down in Article 15.

Justification

Applications should be processed within a clearly specified period to avoid unnecessary delays. A processing period of six months should therefore be maintained, as is indeed the case in Regulation 2082/92.

Amendment 10

Article 9, paragraph 4, subparagraph 2

The registration shall be published in the Official Journal of the European Union.

The registration shall be published in the Official Journal of the European Union and on the Internet, including the publication reference for the product specification referred to in Article 8(2).

Justification

The product specification must be published in electronic form, including in the case of traditional specialities guaranteed from third countries. Furthermore, it should be easily accessible to operators.

Amendment 11

Article 12, paragraph 2

2. Where reference is made to a traditional speciality guaranteed on the labelling of an agricultural product or foodstuff produced within the Community, the registered name, the expression “traditional speciality guaranteed” or its abbreviation “TSG” as well as the associated Community symbol shall appear thereon.

2. Where reference is made to a traditional speciality guaranteed on the labelling of an agricultural product or foodstuff produced within the Community, the registered name, the expression “traditional speciality guaranteed” or its abbreviation “TSG” as well as the special associated Community symbol shall appear thereon.

Justification

The requirement that labels should contain expressions, abbreviations and Community symbols means firstly that a distinction must be made between the logos for PGI, PDO and TSG, not only to involve producers in using Community logos but, above all, to safeguard the consumer from the inevitable risk of confusion.

Amendment 12

Article 12, paragraph 3 a (new)

3a. The place of origin and place of processing of each agricultural product or foodstuff marketed with a Community certificate of specific character in accordance with this Regulation shall be clearly and visibly indicated on the label.

Justification

The proposal also allows expressions, abbreviations and logos to be used on the labels of products from non-member countries. In order to safeguard consumers, it should be made compulsory for labels to indicate the place of origin and place of processing of the product so as to avoid any confusion between the Community logo and the origin of the product.

Amendment 13

Article 15, paragraph 2, subparagraph 1 a

 

Private inspection bodies which are already in existence shall have a period of one year from the date upon which this Regulation is published in order to seek accreditation.

Amendment 14

Article 15, paragraph 3

3. The public or private inspection bodies referred to in paragraph 1 shall have the powers to enforce compliance with this Regulation, including, where appropriate, by imposition of penalties, if they find that an agricultural product or foodstuff designated as a traditional speciality guaranteed does not comply with the requirements laid down in the product specification.

3. The public inspection bodies referred to in paragraph 1 shall have the powers to enforce compliance with this Regulation, including, where appropriate, by imposition of penalties, if they find that an agricultural product or foodstuff designated as a traditional speciality guaranteed does not comply with the requirements laid down in the product specification.

Justification

Private inspection bodies should not be required to impose penalties on producers who are entitled to use a registered name but do not comply with the requirements set out in the specification for the registered product. Responsibility for imposing penalties on such producers should lie with national bodies, whose decisions should be subject to appeal.

Amendment 15

Article 17, paragraph 2 a (new)

2a. If a processed product contains an agricultural product or foodstuff which has been registered under this Regulation, the use of the relevant expression in the labelling of the processed product shall be subject to the appropriate authorisation from the group that has obtained recognition.

Justification

The use of the expression for processed products should be subject to authorisation from the group that obtained recognition.

Amendment 16

Article 18, paragraph 3

3. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply.

deleted

The period provided for in Article 4(3) of Decision 1999/468/EC shall be three months.

 

Justification

There is no reason to complicate the commitology procedure with two different committee procedures. References to this paragraph in the text should be replaced by reference to Article 18(2).

  • [1]  Not yet published in OJ.

EXPLANATORY STATEMENT

The European Union grants producers of 'regional specialities' special protection, under Regulations (EEC) No 2081/92 and 2082/92. The voluntary arrangements give producers the possibility of registering under a Community system providing legally binding protection for special agricultural products and foodstuffs with a name indicating the origin of the product.

In order to be eligible to carry the protected designation of origin (PDO), products must be produced, processed and prepared in a given geographical area using a recognised, specified method.

In the case of the protected geographical indication (PGI), there is a link between at least one of the stages of production, processing or preparation and the region of origin. The product may also have a particularly good reputation.

The traditional speciality guaranteed (TSG), which is covered by Regulation 2082/92, does not refer to the geographical origin but highlights the traditional composition of the product or a traditional method of preparation and/or processing.

The first two types of name are the subject of a separate report on a proposal amending Regulation (EEC) No 2081/92, whilst this report relates to the proposed amendments to Regulation (EEC) No 2082/92 on traditional specialities guaranteed.

Although to date far fewer traditional specialities guaranteed have been registered than protected designations of origin or geographical indications, and although the level of protection for TSGs is lower than in the case of PDOs and PGIs, the Regulation contributes in a very important way to adding value to production in rural areas of Europe. The reputation which these products enjoy among European consumers allows their producers access to higher priced markets, with a correspondingly positive impact on job creation and retention in rural areas.

The amendments being proposed by the Commission to the Regulation currently in force are very similar to the proposals relating to Regulation No 2081/92. Reference may therefore be made to the explanatory statement in the report being dealt with in parallel with this one.

However, your rapporteur wishes to point out that the rules on traditional specialities guaranteed have not been the subject of WTO dispute settlement proceedings and that, consequently, new rules do not necessarily have to be adopted within the same tight time frame as in the case of the legislative procedure amending Regulation No 2081/92, which is running in parallel with this one.

PROCEDURAL PAGE

Title

Proposal for a Council regulation on agricultural products and foodstuffs as traditional specialities guaranteed

References

COM(2005)0270 – C6‑0026/2006 – 2005/0270(CNS)

Date of consulting Parliament

24.1.2006

Committee responsible
  Date announced in plenary

AGRI
1.2.2006

Committee(s) asked for opinion(s)
  Date announced in plenary

INTA
1.2.2006

IMCO
1.2.2006

ENVI
1.2.2006

 

 

Not delivering opinion(s)
  Date of decision

INTA
25.1.2006

IMCO
30.1.2006

ENVI
30.1.2006

 

 

Rapporteur(s)
  Date appointed

Friedrich-Wilhelm Graefe zu Baringdorf
23.11.2005

 

Discussed in committee

25.1.2006

21.2.2006

 

 

 

Date adopted

21.1.2006

Result of final vote

+: 36

–:

0:

Members present for the final vote

Marie-Hélène Aubert, Peter Baco, Katerina Batzeli, Thijs Berman, Niels Busk, Luis Manuel Capoulas Santos, Giuseppe Castiglione, Joseph Daul, Albert Deß, Michl Ebner, Carmen Fraga Estévez, Duarte Freitas, Jean-Claude Fruteau, Ioannis Gklavakis, Lutz Goepel, Friedrich-Wilhelm Graefe zu Baringdorf, María Esther Herranz García, Elisabeth Jeggle, Heinz Kindermann, Stéphane Le Foll, Albert Jan Maat, Diamanto Manolakou, Rosa Miguélez Ramos, Neil Parish, María Isabel Salinas García, Agnes Schierhuber, Willem Schuth, Czesław Adam Siekierski, Marc Tarabella, Jeffrey Titford, Kyösti Virrankoski, Janusz Wojciechowski

Substitute(s) present for the final vote

Bernadette Bourzai, Vincenzo Lavarra, Astrid Lulling, Zdzisław Zbigniew Podkański

Date tabled

23.2.2006

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