(1)

The European Green Deal (22) included the design of a fair, healthy and environmentally-friendly food system (‘farm to fork’) among the policies to transform the Union's economy for a sustainable future.

(1)

The European Green Deal (22) included the design of a fair, sustainable, healthier and more environmentally-friendly food system accessible to all (‘farm to fork’) among the policies to transform the Union's economy for a sustainable future.

(1a)

Geographical indications can play an important role in terms of sustainability, including in the circular economy, which could enhance their heritage value and thus strengthen their weight within the framework of national and regional policies with a view to meeting the objectives of the European Green Deal.

(2)

Commission Communication of 20 May 2020 on ‘A Farm to Fork Strategy — for a fair, healthy and environmentally-friendly food system’ which called for a transition to sustainable food systems, also calls to strengthen the legislative framework on geographical indications and , where appropriate, include specific sustainability criteria. In the Communication, the Commission committed to strengthen, among other players, the position of producers of products with geographical indications, their cooperatives and producer organisations in the food supply chain.

(2)

Commission Communication of 20 May 2020 on ‘A Farm to Fork Strategy — for a fair, healthy and environmentally-friendly food system’ which called for a transition to sustainable food systems, also calls to strengthen the legislative framework on geographical indications and include specific sustainability criteria. In the Communication, the Commission committed to strengthen, among other players, the position of producers of products with geographical indications, their cooperatives and producer organisations in the food supply chain. Focus should be placed on small-scale producers, particularly those who best preserve traditional skills and know-how.

(4)

The quality and diversity of the Union’s wine, spirit drinks and agricultural production is one of its important strengths, giving a competitive advantage to the Union’s producers and making a major contribution to its living cultural and gastronomic heritage. This is due to the skills and determination of Union producers who have kept traditions alive while taking into account the developments of new production methods and material.

(4)

The quality , accessibility and diversity of the Union’s wine, spirit drinks and agricultural production is one of its important strengths, giving a competitive advantage to the Union’s producers and making a major contribution to its living cultural and gastronomic heritage. This is due to the skills and determination of Union producers who have kept traditions and cultural identity alive while taking into account the developments of new production methods and material, which have made traditional Union products a symbol of quality.

(5)

Citizens and consumers in the Union increasingly demand quality as well as traditional products. They are also concerned to maintain the diversity of agricultural production in the Union. This generates a demand for wine, spirit drinks and agricultural products with identifiable specific characteristics, in particular those linked to their geographical origin.

(5)

Citizens and consumers in the Union increasingly demand quality, traditional and accessible products , which have specific qualities attributable both to their origin and to their manner of production . They are also concerned to maintain the diversity and security of supply of agricultural production in the Union. This generates a demand for wine, spirit drinks and agricultural products with identifiable specific characteristics, in particular those linked to their geographical origin , as well as ensuring the production conditions that have shaped the reputation and identity of such products .

(5a)

High-quality products represent one of the biggest assets the Union has, both for our economy and cultural identity. Those products are the strongest representation of the ‘made in the EU’ brand, recognisable throughout the whole world, which generate growth and preserve our heritage. Wines, spirit drinks and agricultural products are European assets that need to be further strengthened and protected.

(5b)

Citizens and consumers are entitled to expect that any geographical indication and quality scheme is backed up by a robust verification and control system, regardless of whether the product originates from the Union or a third country.

(9)

Ensuring uniform recognition and protection throughout the Union for the intellectual property rights related to names protected in the Union is a priority that can be effectively achieved only at Union level. Geographical indications protecting the names of wines, spirit drinks and agricultural products having characteristics, attributes or reputation linked to their place of production are an exclusive Union’s competence. A  unitary and exclusive system of geographical indications therefore needs to be provided. Geographical indications are a collective right held by all eligible producers in a designated area willing to adhere to a product specification. Producers acting collectively have more powers than individual producers and take collective responsibilities to manage their geographical indications, including responding to societal demands for products resulting from sustainable production. Operating geographical indications reward producers fairly for their efforts to produce a diverse range of quality products. At the same time, this can benefit the rural economy, which is particularly the case in areas with natural or other specific constraints, such as mountain areas and the most remote regions, where the farming sector accounts for a significant part of the economy and production costs are high. In this way, quality schemes are able to contribute to and complement rural development policy as well as market and income support policies of the CAP. In particular, they may contribute to the developments in the farming sector and, especially, disadvantaged areas. A Union framework that protects geographical indications by providing for their inclusion in a register at Union level facilitates the development of the agricultural sector, since the resulting, more uniform approach ensures fair competition between the producers of products bearing such indications and enhances the credibility of the products in the consumers’ eyes. The system of geographical indications aims at enabling consumers to make more informed purchasing choices and, through labelling and advertising, helping them to correctly identify their products on the market. Geographical indications, being a type of intellectual property right, help operators and companies valorise their intangible assets. To avoid creating unfair conditions of competition and to sustain the internal market, any producer, including a third country producer, should be able to use a registered name and market products designated as geographical indications throughout the Union and in electronic commerce, provided that the product concerned complies with the requirements of the relevant specification and that the producer is covered by a system of controls. In light of the experience gained from the implementation of Regulations (EU) No 1308/2013, (EU) 2019/787 and (EU) No 1151/2012 of the European Parliament and of the Council (27) , there is a need to address certain legal issues, to clarify and simplify some rules and to streamline the procedures.

(9)

Ensuring uniform recognition and protection throughout the Union for the intellectual property rights related to names protected in the Union is a priority that can be effectively achieved only at Union level. Geographical indications protecting the names of wines, spirit drinks and agricultural products having characteristics, attributes or reputation linked to their place of production are an exclusive Union’s competence. A  consistent and exclusive system of geographical indications therefore needs to be provided. Geographical indications are a collective right held by all eligible producers in a designated area willing to adhere to a product specification. Producers acting collectively have more powers than individual producers and take collective responsibilities to manage their geographical indications, including responding to societal demands for products resulting from sustainable production. Similarly, the collective organisation of the producers of a geographical indication can better ensure a fair distribution of the value added amongst the actors in the supply chain, to provide a fair income to producers, which covers their costs and allows them to invest further in the quality and sustainability of their products. Operating geographical indications reward producers fairly for their efforts to produce a diverse range of quality products. At the same time, this can benefit the rural economy, which is particularly the case in areas with natural or other specific constraints, such as mountain areas and the most remote regions, including outermost regions, where the farming sector accounts for a significant part of the economy and production costs are high. In this way, quality schemes are able to contribute to and complement rural development policy as well as market and income support policies of the CAP. In particular, they may contribute to the developments in the farming sector and, especially, disadvantaged areas . The Commission Communication of 30 June 2021 entitled ‘A long-term vision for the EU’s Rural Areas — Towards stronger, connected, resilient and prosperous rural areas by 2040’ recognises the key role of geographical indications among the flagship initiatives promoting rural areas, in view of their contribution to the prosperity, economic diversification and development of rural areas and the strong association between a product and its territorial origin . A Union framework that protects geographical indications by providing for their inclusion in a register at Union level facilitates the development of the agricultural sector, since the resulting, more uniform approach ensures fair competition between the producers of products bearing such indications and enhances the credibility of the products in the consumers’ eyes. The system of geographical indications aims at enabling consumers to make more informed purchasing choices and, through labelling and advertising, helping them to correctly identify their products on the market. Geographical indications, being a type of intellectual property right, help operators and companies valorise their intangible assets. To avoid creating unfair conditions of competition and to sustain the internal market, any producer, including a third country producer, should be able to use a registered name and market products designated as geographical indications throughout the Union and in electronic commerce, provided that the product concerned complies with the requirements of the relevant specification and that the producer is covered by a system of controls. In light of the experience gained from the implementation of Regulations (EU) No 1308/2013, (EU) 2019/787 and (EU) No 1151/2012 of the European Parliament and of the Council (27), there is a need to address certain legal issues, to clarify and simplify some rules and to streamline the procedures.

(9a)

A unitary and exclusive system of geographical indications should contribute significantly to increased awareness, recognition and consumer understanding, both in the Union and in third countries, of the symbols, indications and abbreviations demonstrating participation in the European quality schemes and their added value, complementing Regulation (EU) No 1144/2014 of the European Parliament and of the Council  (1 bis) .

(11)

The Union has for some time been aiming at simplifying the regulatory framework of the Common Agricultural Policy. This approach should also apply to regulations in the field of geographical indications, without calling into question the specific characteristics of each sector . In order to simplify the lengthy registration and amendment procedures, harmonised procedural rules for geographical indications for wine, spirit drinks and agricultural products should be laid down in a single legal instrument, while maintaining product specific provisions for wine in Regulation (EU) No 1308/2013, for spirit drinks in Regulation (EU) 2019/787 and for agricultural products in this Regulation. The procedures for the registration, amendments to the product specification and cancellation of the registration in respect of geographical indications originating in the Union, including opposition procedures, should be carried out by the Member States and the Commission. The Member States and the Commission should be responsible for distinct stages of each procedure. Member States should be responsible for the first stage of the procedure, which consists of receiving the application from the producer group, assessing it, including running a national opposition procedure, and, following the results of the assessment, submitting the application to the Commission. The Commission should be responsible for scrutinising the application in the second stage of the procedure, including running a worldwide opposition procedure, and taking a decision on granting the protection to the geographical indication or not. Geographical indications should be registered only at Union level. However, with effect from the date of application with the Commission for registration at Union level, Member States should be able to grant transitional protection at national level without affecting the internal market or international trade. The protection afforded by this Regulation upon registration should be equally available to geographical indications of third countries that meet the corresponding criteria and that are protected in their country of origin. The Commission should carry out the corresponding procedures for geographical indications originating in third countries.

(11)

The Union has for some time been aiming at simplifying the regulatory framework of the Common Agricultural Policy. The procedures for amending product specifications for products designated by a geographical indication have already been simplified and made more efficient for wine and agri-food products as part of the review of the Common Agricultural Policy . In order to further simplify the lengthy registration and amendment procedures, harmonised procedural rules for geographical indications for spirit drinks and agricultural products should be laid down in a single legal instrument, while maintaining product specific provisions for spirit drinks in Regulation (EU) 2019/787 and for agricultural products in this Regulation. This Regulation should be accompanied by a number of tools for providing small producers and small producer groups with appropriate support, such as tailor-made training courses about the changes being introduced, which should be organised by the national authorities and the Commission. The procedures for the registration, amendments to the product specification and cancellation of the registration in respect of geographical indications originating in the Union, including opposition procedures, should be carried out by the Member States and the Commission. The Member States and the Commission should be responsible for distinct stages of each procedure. Member States should be responsible for the first stage of the procedure, which consists of receiving the application from the producer group, assessing it, including running a national opposition procedure, and, following the results of the assessment, submitting the application to the Commission. The Commission should be responsible for scrutinising the application in the second stage of the procedure, including running a worldwide opposition procedure, and taking a decision on granting the protection to the geographical indication or not. Geographical indications should be registered only at Union level. However, with effect from the date of application with the Commission for registration at Union level, Member States should be able to grant transitional protection at national level without affecting the internal market or international trade. The protection afforded by this Regulation upon registration should be equally available to geographical indications of third countries that meet the corresponding criteria and that are protected in their country of origin. The Commission should carry out the corresponding procedures for geographical indications originating in third countries.

(11a)

The Union's quality policy is a public policy associated with the production of public goods that should contribute to enabling the transition to a just and fair sustainable food system. Geographical indications are tools capable of contributing to: sustainable rural development; the diversification of the rural economy; the prevention of offshoring and depopulation by creating and preserving jobs in European rural areas and sustaining small scale, local and traditional producers; preserving cultural and socio-economic diversity; protecting the rural landscape; the sustainable management and reproduction of natural resources; biodiversity conservation; animal welfare; and food safety and security as well as traceability.

(12)

To contribute to the transition to a sustainable food system and respond to societal demands for sustainable, environmentally and climate friendly, animal welfare ensuring, resource efficient, socially and ethically responsible production methods, producers of geographical indications should be encouraged to adhere to sustainability standards that are more stringent than the mandatory ones and go beyond good practice . Such specific requirements could be set out in the product specification.

(12)

To contribute to the transition to a sustainable food system and respond to societal demands for sustainable, environmentally and climate friendly, animal welfare ensuring, resource efficient, socially and ethically responsible production methods, producers of geographical indications should be encouraged to adhere to sustainability standards that are more stringent than the mandatory ones , encompassing environmental, social and economic objectives . Such specific requirements should be set out in the product specification or in a separate initiative . To enable the uptake of sustainability undertakings, producers should receive financial support by means of pre-established, specific and easily accessible funding and should be properly informed about the opportunities arising from the uptake of sustainability undertakings, including via information sessions and advisory systems on ways for producers to easily acquire the requisite knowledge of the properties of their own products which bring added value and which will then be passed on to consumers. The sustainability undertakings included in the product specification should relate to the three main types of sustainability: economic, social and environmental.

(12a)

Sustainability undertakings should contribute to one or more environmental, social or economic objectives. Such environmental objectives should include climate change mitigation, the conservation and sustainable use of soils, landscapes and natural resources, the preservation of biodiversity and the conservation of rare seeds, local breeds and plant varieties, the promotion of short supply chains or the management and promotion of animal health and welfare. The social objectives should include the improvement of working and employment condition, as well as collective bargaining, social protection and safety standards, attracting and supporting both young and new producers of products designated by a geographical indication to ease generational renewal and facilitating the solidarity and transmission of knowledge across generations or promoting healthier diets. The economic objectives should include securing a stable and fair income and a strong position across the value chain for producers of products designated by a geographical indication, improving the economic value of products designated by a geographical indication and the redistribution of added value along the value chain, contributing to the diversification of the rural economy, or preserving rural areas and local development, including agricultural employment.

(12b)

Public procurement criteria should incorporate geographical indications and other quality schemes provided that they contribute to sustainable food production.

(13)

To ensure coherent decision-making as regards applications for protection and judicial challenges against them, submitted in the national procedure, the Commission should be informed in a timely and regular manner when procedures are launched before national courts or other bodies concerning an application for registration forwarded by the Member State to the Commission and of their final results. For the same reason, where a Member State considers that a national decision on which the application for protection is based is likely to be invalidated as a result of national judicial proceedings, it should inform the Commission of that assessment. If the Member State requests the suspension of the scrutiny of an application at Union level, the Commission should be exempted from the obligation to meet the deadline for scrutiny established therein. In order to protect the applicant from vexatious legal actions and to preserve the applicant’s right to secure the protection of a name within a reasonable time, the exemption should be limited to cases in which the application for registration has been invalidated at national level by an immediately applicable but not final judicial decision or in which the Member State considers that the action to challenge the validity of the application is based on valid grounds.

(13)

To ensure coherent and efficient decision-making as regards applications for protection and judicial challenges against them, submitted in the national procedure, the Commission should be informed in an immediate and regular manner when procedures are launched before national courts or other competent bodies concerning an application for registration forwarded by the Member State to the Commission, and of their final results. For the same reason, where a Member State has reason to believe that a national decision on which the application for protection is based is likely to be invalidated as a result of national judicial proceedings, it should inform the Commission of that assessment , duly justifying this . If the Member State requests the suspension of the scrutiny of an application at Union level, the Commission should be exempted from the obligation to meet the deadline for scrutiny established therein. In order to protect the applicant from vexatious legal actions and to preserve the applicant’s right to secure the protection of a name within a reasonable time, the exemption should be limited to cases in which the application for registration has been invalidated at national level by an immediately applicable but not necessarily final judicial decision or in which the Member State has reason to believe that the action to challenge the validity of the application is based on valid grounds.

(14a)

With regard to the process of amendment of a product specification, a temporary amendment should be considered as a standard amendment when it concerns a temporary change in the product specification resulting from the imposition of obligatory sanitary and phytosanitary measures by the public authorities or a temporary amendment necessary because of a natural disaster or adverse weather conditions recognised by the competent authorities, or a man-made disaster, such as war.

(15)

To ensure transparency and uniformity across Member States, it is necessary to establish and maintain an electronic Union register of geographical indications, registered as protected designations of origin or protected geographical indications. The register should provide information to consumers and to those involved in trade. The register should be an electronic database stored within an information system, and should be accessible to the public.

(15)

To ensure transparency and uniformity across Member States, it is necessary to establish and maintain a single electronic Union register of geographical indications, registered as protected designations of origin or protected geographical indications. The periodically updated register should provide information to consumers and to those involved in trade , in compliance with the Union rules in force on the protection of know-how and trade secrets, on all types of geographical indications entered into the register pursuant to their registration in the Member State, by third country application, as a result of a concluded international trade agreement or upon international registration derived from the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications. The register should be an electronic database stored within an information system, and should be accessible to the public. That register should enable easy access to the product specifications behind each geographical indication and quality schemes, regardless of whether they are from the Union or from third countries, including those recognised via trade agreements or via the mechanism provided for in the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications.

(15)

To ensure transparency and uniformity across Member States, it is necessary to establish and maintain an electronic Union register of geographical indications, registered as protected designations of origin or protected geographical indications. The register should provide information to consumers and to those involved in trade. The register should be an electronic database stored within an information system, and should be accessible to the public.

(15)

To ensure transparency and uniformity across Member States, it is necessary to establish and maintain an electronic Union register of geographical indications, registered as protected designations of origin or protected geographical indications. The register should provide information to consumers and to those involved in trade. The register should be an electronic database stored within a secure information system, and should be accessible to the public. It should be kept up-to date and maintained by the European Union Intellectual Property Office (EUIPO). That register should enable easy access to the product specifications behind each geographical indication and quality schemes, regardless of whether they are from the Union or from third countries, including those recognised via trade agreements or via the mechanism provided for in the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications.

(16)

The Union negotiates international agreements, including those concerning the protection of designations of origin and geographical indications , with its trade partners. In order to facilitate the provision to the public of information about the names protected by those international agreements, and in particular to ensure protection and control of the use to which those names are put, those names may be entered in the Union register of geographical indications. Unless specifically identified as designations of origin in such international agreements, the names should be entered in the register as protected geographical indications.

(16)

Given their recognised role in creating economic value and jobs, maintaining local traditions and knowledge and protecting natural resources, all Union geographical indications should be protected under bilateral and multilateral trade agreements and other international agreements through the recognition of the Union system as such. In that regard, the Union should devote significant commercial and diplomatic efforts to ensuring the protection of traditional practices which bring together historical, cultural and gastronomic heritage while ensuring sustainable production. Furthermore, international trade agreements with particular provisions on the protection of designations of origin and geographical indications are of particular importance, as they provide market access and opportunities for economic growth and jobs for both the Union and third countries right-holders, while protecting against unfair practices and safeguarding consumer safety and health. In order to facilitate the provision to the public of information about the names protected by the international agreements, and in particular to ensure protection and control of the use to which those names are put, those names should be entered in the Union register of geographical indications. Unless specifically identified as designations of origin in such international agreements, the names should be entered in the register as protected geographical indications.

(16a)

In order to unlock the full potential of designations of origin and geographical indications in international trade, this Regulation should be complemented with further cooperation and engagement with third countries through trade policy with a view to enhancing legislative frameworks for the protection and enforcement of designations of origin and geographical indications in third country markets, taking due consideration of the level of development of third countries.

(17)

For the optimal functioning of the internal market, it is important that producers and other operators concerned, authorities and consumers may quickly and easily have access to the relevant information concerning a registered protected designation of origin or protected geographical indication. This information should include, where applicable, the information on the identity of the producer group recognised at national level.

(17)

For the optimal functioning of the internal market, it is important that producers and other operators concerned, authorities and consumers may quickly and easily have access to the relevant information concerning a registered protected designation of origin or protected geographical indication in all the official Union languages . This information should include, where applicable, the information on the identity of the producer group recognised at national level.

(17a)

While negotiating trade agreements, or specific bilateral agreements on geographical indications, the parties should always bear in mind their specificities and the complex tissue of producers entering into the scope of the protected products. In that regard, special attention should be given to micro, small and medium-sized producers avoiding disproportionate burdens and additional costs since they are key actors and preservers of the system. In order to ensure fair competition and promote international trade, this Regulation should not, therefore, create discrimination nor should it constitute a barrier for potential applicants, particularly producers in the Union and third countries qualifying as micro, small or medium-sized enterprises.

(23)

Producer groups play an essential role in the application process for the registration of geographical indications , as well as in the amendment of specifications and cancellation requests. They should be equipped with the means to better identify and market the specific characteristics of their products. The role of the producer group should hence be clarified.

(23)

Producer groups , including those defined by Member States’ national law, play an essential role in the management of their geographical indications, including the application process for registration, as well as in the amendment of specifications and cancellation requests. They should be equipped with the means to better identify and market the specific characteristics of their products as well as adequate resources to exercise their powers and responsibilities . The role of the producer group should hence be clarified. Member States should be able to provide that the contribution to costs associated with the exercise of powers and responsibilities by the recognised producer group is compulsory for all producers of products designated by that geographical indication. Other interested parties, including specialist organisations, non-governmental organisations such as consumer groups, or public bodies could provide technical advice and help in the preparation of the application and the related procedure.

(25a)

The recognition and protection of established rights in the domain names industry at international level is essential to prevent the usurpation of the reputation of geographical indications due to the strong development of commerce on the internet. The Union's trade agreements with third countries currently constitute the most appropriate framework for reinforcing protection at the international level. The Commission should pay special attention to the need to include the protection of geographical indications rights at domain names level in bilateral trade agreements and other international trade negotiations, and strengthen its mediation work with the bodies in charge of assigning domain names, and very particularly with Internet Corporation for Assigned Names and Numbers (ICANN), with the objective to include the GIs’ existing rights in the Uniform Domain Name Dispute Resolution Policy (UDRP).

(26)

The relationship between trademarks and geographical indications should be clarified in relation to criteria for the rejection of trademark applications, the invalidation of trademarks and the coexistence between trademarks and geographical indications.

(26)

The relationship between trademarks and geographical indications should be clarified and made more transparent in relation to criteria for the rejection of trademark applications, the invalidation of trademarks and the coexistence between trademarks and geographical indications.

(27)

In order to avoid creating unfair conditions of competition, any producer, including a third-country producer, should be able to use a registered geographical indication, provided that the product concerned complies with the requirements of the relevant product specification or single document or an equivalent to the latter, i.e. a complete summary of the product specification. The system set up by the Member States should also guarantee that producers complying with the rules are entitled to be covered by the verification of compliance of the product specification.

(27)

In order to avoid creating unfair conditions of competition, any producer, including a third-country producer, should be able to use a registered geographical indication, provided that the product concerned complies with the requirements of the relevant product specification or single document or an equivalent to the latter, i.e. a complete summary of the product specification. The system set up by the Member States should also guarantee that producers complying with the rules are entitled to be covered by the verification of compliance of the product specification. Third country producers should be subject to Union-comparable verification procedures set up by their respective oversight authorities.

(29)

The labelling of wine, spirit drinks and agricultural products should be subject to the general rules laid down in Regulation (EU) No 1169/2011 of the European Parliament and of the Council (29), and in particular the provisions aimed at preventing labelling that may confuse or mislead consumers.

(29)

The labelling of spirit drinks and agricultural products should be subject to the general rules laid down in Regulation (EU) No 1169/2011 of the European Parliament and of the Council (29), and in particular the provisions aimed at preventing labelling that may confuse or mislead consumers.

(30)

The use of Union symbols or indications on the packaging of products designated by a geographical indication should be made obligatory in order to make this category of products, and the guarantees attached to them, better known to consumers and to permit easier identification of these products on the market, thereby facilitating checks. However, in view of the specific nature of products covered by this Regulation, special provisions concerning labelling should be maintained for wine and  spirit drinks. The use of such symbols or indications should remain voluntary for third country geographical indications and designations of origin.

(30)

The use of Union symbols or indications on the packaging of , and on the presentation pages of retail websites for, products designated by a geographical indication should be made obligatory in order to make this category of products, and the guarantees attached to them, better known to consumers and to permit easier identification of these products on the market, thereby facilitating checks. However, in view of the specific nature of products covered by this Regulation, special provisions concerning labelling should be maintained for spirit drinks. The use of such symbols or indications should remain voluntary for third country geographical indications and designations of origin.

(31)

The added value of the geographical indications is based on consumer trust. The system of geographical indications significantly relies on self-control, due diligence and individual responsibility of producers, while it is the role of the competent authorities of the Member States to take the necessary steps to prevent or stop the use of names of products, which are in breach of the rules governing geographical indications. The role of the Commission is to intervene in case of a systemic failure to apply Union law. Geographical indications should be subject to the system of official controls, in line with the principles set out in Regulation (EU) 2017/625 of the European Parliament and of the Council (30), which should include a system of controls at all stages of production, processing and distribution. Each operator should be subject to a control system that verifies compliance with the product specification. Taking into account that wine is subject to specific controls defined in the sectoral legislation, this Regulation should lay down controls for spirit drinks and agricultural products only.

(31)

The added value of the geographical indications is based on consumer trust. The system of geographical indications significantly relies on self-control, due diligence and individual responsibility of producers, while it is the role of the competent authorities of the Member States to take the necessary steps to prevent or stop the use of names of products, which are in breach of the rules governing geographical indications. The role of the Commission is to intervene in case of a systemic failure to apply Union law. Geographical indications should be subject to the system of official controls, in line with the principles set out in Regulation (EU) 2017/625 of the European Parliament and of the Council (30), which should include a system of controls at all stages of production, processing and distribution. Each operator should be subject to a control system that verifies compliance with the product specification.

(31a)

The registered trademarks of geographical indications have an asset value which can be determined after a clear and objective analysis by an independent third party. Such a value may be included into the annual balance sheet of both producer groups and individual producers.

(32)

In order to ensure that they are impartial and effective, the competent authorities designated to perform the verification of the compliance with the product specification should meet a number of operational criteria. Provisions on delegating some competences of performing specific control tasks to product certification bodies should be envisaged to facilitate the task of the control authorities and make the system more effective.

(32)

In order to ensure that they are impartial and effective, the competent authorities designated to perform the verification of the compliance with the product specification should meet a number of operational criteria. When designating authorities responsible for taking appropriate administrative and judicial steps to prevent or stop the unlawful use of protected designations of origin and protected geographical indications, Member States should ensure that those authorities provide adequate guarantees of transparency, objectivity and impartiality, and that they have at their disposal the qualified staff and resources necessary to carry out their functions. Provisions on delegating some competences of performing specific control tasks to product certification bodies should be envisaged to facilitate the task of the control authorities and make the system more effective.

(35)

Enforcement of geographical indications in the marketplace is important to prevent fraudulent and deceptive practices thus ensuring that producers are properly rewarded for the added value of their products bearing a geographical indication and that illegal users of those geographical indications are prevented from selling their products. Controls should be carried out based on risk assessment or notifications from operators, and appropriate administrative and judicial steps should be taken to prevent or stop the use of names on products or services that contravene the protected geographical indications.

(35)

Enforcement of geographical indications in the marketplace is important to prevent fraudulent and deceptive practices and the effective combating of counterfeiting, thus ensuring that producers are properly rewarded for the added value of their products bearing a geographical indication and that illegal users of those geographical indications are prevented from selling their products. Controls should be carried out based on risk assessment or notifications from operators, and appropriate , effective and proportionate administrative and judicial steps should be taken to prevent or stop the use of names on products or services that fail to respect, or contravene, the protected geographical indications.

(37)

Taking into account that a product designated by the geographical indication produced in one Member State might be sold in another Member State, administrative assistance between Member States should be ensured to allow effective controls and its practicalities should be laid down.

(37)

Taking into account that a product designated by the geographical indication produced in one Member State might be sold in another Member State, administrative assistance between Member States and with third countries should be ensured to allow effective controls and its practicalities should be laid down.

(39)

The procedures for registration, amendment and cancellation of geographical indications, including the scrutiny and the opposition procedure, should be carried out in the most efficient way. This can be achieved by using the assistance for the scrutiny of the applications provided by the European Union Intellectual Property Office (EUIPO). While a partial outsourcing to EUIPO has been considered, the Commission would remain responsible for registration, amendment and cancellation, due to a strong relation with the Common Agricultural Policy and to the expertise needed to ensure that specificities of wine, spirit drinks and agricultural products are adequately assessed.

(39)

The procedures for registration, amendment and cancellation of geographical indications, including the scrutiny and the opposition procedure, should be carried out in the most efficient way. According to the Special Report drafted by the European Court of Auditors, since the signature of the Memorandum of Understanding in 2018 between the Commission and the EUIPO, there has been no improvement in the length of the procedures regarding, in particular, the analysis of applications for registration and amendments to product specifications of geographical indications. The Commission should remain responsible for registration, amendment and cancellation, due to a strong relation with the Common Agricultural Policy and to the expertise needed to ensure that specificities of wine, spirit drinks and agricultural products are adequately assessed.

(44)

The specific objective of the scheme for traditional specialities guaranteed is to help the producers of traditional products to communicate to consumers the value-adding attributes of their product. In order to avoid creating unfair conditions of competition, any producer, including a producer from a third country, should be able to use a registered name of a traditional speciality guaranteed, provided that the product concerned complies with the requirements of the relevant specification and the producer is covered by a system of controls.

(44)

The specific objective of the scheme for traditional specialities guaranteed is to help the producers of traditional products to communicate to consumers the value-adding attributes of their product. In order to avoid creating imbalances on the internal market or unfair conditions of competition, any producer, including a producer from a third country, should be able to use a registered name of a traditional speciality guaranteed, provided that the product concerned complies with the requirements of the relevant specification and the producer is covered by a system of controls.

(46)

To ensure that traditional specialities guaranteed comply with their specification and are consistent, producers organised into groups should themselves define the product in a specification. The option of registering a name as a traditional speciality guaranteed should be open to third country producers.

(46)

To ensure that traditional specialities guaranteed comply with their specification and are consistent, producers organised into groups should themselves define the product in a specification. The option of registering a name as a traditional speciality guaranteed should be open to third country producers with a control system or equivalent .

(47)

To ensure transparency, the traditional specialities guaranteed should be entered in the register.

(47)

To ensure transparency, the traditional specialities guaranteed should be entered in the single register provided for in this Regulation .

(48)

In order to avoid creating unfair conditions of competition, any producer, including a producer from a third country, should be able to use a registered name of a traditional speciality guaranteed, provided that the product concerned complies with the requirements of the relevant specification and the producer is covered by a system of controls. For traditional specialities guaranteed produced within the Union, the Union symbol should be indicated on the labelling and it should be possible to associate it with the indication ‘traditional speciality guaranteed’. The use of the names, the Union symbol and the indication should be regulated to ensure a uniform approach across the internal market.

(48)

In order to avoid creating imbalances on the internal market or unfair conditions of competition, any producer, including a producer from a third country, should be able to use a registered name of a traditional speciality guaranteed, provided that the product concerned complies with the requirements of the relevant specification and the producer is covered by the system of controls. For traditional specialities guaranteed produced within the Union, the Union symbol should be indicated on the labelling and it should be possible to associate it with the indication ‘traditional speciality guaranteed’. The use of the names, the Union symbol and the indication should be regulated correspondingly to ensure a uniform approach across the internal market.

(50)

In order not to mislead the consumers, registered traditional specialities guaranteed should be protected against any misuse or imitation, including as regards products used as ingredients, or against any other practice liable to mislead the consumer . Pursuing the same objective, rules should be laid down for specific uses of traditional specialities guaranteed, notably as regards the use of terms that are generic in the Union, labelling which contains or comprises the denomination of a plant variety or animal breed and trade marks.

(50)

In order not to mislead consumers and to provide them with accurate information , registered traditional specialities guaranteed should be protected against any misuse, imitation or counterfeiting , including as regards products used as ingredients, or against any other practice liable to mislead consumers and which may distort the information provided to them . Pursuing the same objective, rules should be laid down for specific uses of traditional specialities guaranteed, notably as regards the use of terms that are generic in the Union, labelling which contains or comprises the denomination of a plant variety or animal breed and trade marks.

(53а)

Owing to the growing demand from producers of various products, including ones produced by individual farmers, which do not fall into any other categories but which bear the hallmarks of a quality scheme, and bearing in mind the weaker competitiveness of farmers who nevertheless wish to sell directly to final consumers, a new optional quality term ‘farmer’s product’ should be introduced with a view to providing consumers with information on a specific product characteristic. Member States should draw up criteria which a product are to satisfy in order to be able to use the optional quality term ‘farmer’s product’.

(56)

In order to supplement or amend certain non-essential elements of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of defining sustainability standards and laying down criteria for the recognition of existing sustainability standards; clarifying or adding items to be supplied as part of accompanying information; entrusting the EUIPO with the tasks related to scrutiny for opposition and the opposition procedure, operation of the register, publication of standard amendments to a product specification, consultation in the context of cancellation procedure, establishment and management of an alert system informing applicants about the availability of their geographical indication as a domain name, scrutiny of third country geographical indications other than geographical indications under the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications (34) , proposed for protection pursuant to international negotiations or international agreements ; establishing appropriate criteria for monitoring performance of the EUIPO in the execution of the tasks entrusted to it ; laying down additional rules on the use of geographical indications to identify ingredients in processed products; laying down additional rules for determining the generic status of terms ; establishing the restrictions and derogations with regard to the sourcing of feed in the case of a designation of origin; establishing restrictions and derogations with regard to the slaughtering of live animals or with regard to the sourcing of raw materials; laying down rules for determining the use of the denomination of a plant variety or of an animal breed; laying down rules which limit the information containedin the product specification for geographical indications and traditional specialities guaranteed; laying down further details of the eligibility criteria for traditional specialities guaranteed; laying down additional rules to provide for appropriate certification and accreditation procedures to apply in respect of product certification bodies; laying down additional rules to further detail protection of traditional specialities guaranteed; laying down for traditional specialities guaranteed additional rules for determining the generic status of terms, conditions for use of plant variety and animal breed denominations, and relation to intellectual property rights; defining additional rules for joint applications concerning more than one national territory and complementing the rules of the application process for traditional specialities guaranteed guaranteed; complementing the rules for the opposition procedure for traditional specialities guaranteed to establish detailed procedures and deadlines; supplementing the rules regarding the amendment application process for traditional specialities guaranteed; supplementing the rules regarding the cancellation process for traditional specialities guaranteed; laying down detailed rules relating to the criteria for optional quality terms; reserving an additional optional quality term, laying down its conditions of use; laying down derogations to the use of the term ‘mountain product’ and establishing the methods of production, and other criteria relevant for the application of that optional quality term, in particular, laying down the conditions under which raw materials or feedstuffs are permitted to come from outside the mountain areas. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (35). In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

(56)

In order to supplement or amend certain non-essential elements of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of entrusting the EUIPO with the tasks related to the development of a Union alert system to fight against online counterfeiting of geographical indications, informing applicants about the availability of their geographical indication as a domain name ; monitoring of the registration of domain names in the Union which would conflict with the names included in the Union register of geographical indications; establishing appropriate criteria for monitoring performance of the EUIPO in the execution of the tasks entrusted to it; establishing the restrictions and derogations with regard to the sourcing of feed in the case of a designation of origin; establishing restrictions and derogations with regard to the slaughtering of live animals or with regard to the sourcing of raw materials; laying down rules for determining the use of the denomination of a plant variety or of an animal breed; laying down rules which limit the information contained in the product specification for geographical indications and traditional specialities guaranteed; laying down further details of the eligibility criteria for traditional specialities guaranteed; laying down additional rules to provide for appropriate certification and accreditation procedures to apply in respect of product certification bodies; laying down additional rules to further detail protection of traditional specialities guaranteed; laying down for traditional specialities guaranteed additional rules for determining the generic status of terms, conditions for use of plant variety and animal breed denominations, and relation to intellectual property rights; defining additional rules for joint applications concerning more than one national territory and complementing the rules of the application process for traditional specialities guaranteed; complementing the rules for the opposition procedure for traditional specialities guaranteed to establish detailed procedures and deadlines; supplementing the rules regarding the amendment application process for traditional specialities guaranteed; supplementing the rules regarding the cancellation process for traditional specialities guaranteed; laying down detailed rules relating to the criteria for optional quality terms; reserving an additional optional quality term, laying down its conditions of use; laying down derogations to the use of the term ‘mountain product’ and establishing the methods of production, and other criteria relevant for the application of that optional quality term, in particular, laying down the conditions under which raw materials or feedstuffs are permitted to come from outside the mountain areas. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (35). In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

(60а)

In the case of products for which a Union protection procedure, such as ‘protected designation of origin’, ‘protected geographical indication’ or ‘traditional-specific food’ in accordance with the rules and requirements of 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 has been initiated before the date of entry into force of this Regulation, applicants for protection should be entitled to continue and complete the procedure which they have started.

(a)

geographical indications for wine, spirit drinks and agricultural products.

(a)

protected designations of origin (PDOs) and protected geographical indications (PGIs) for wine, agricultural products and foodstuffs, and geographical indications for spirit drinks;

(b)

traditional specialities guaranteed and optional quality terms for agricultural products.

(b)

traditional specialities guaranteed (TSGs); and

(ba)

optional quality terms for agricultural products.

(-a)

(a)

‘producer group’ means any association, irrespective of its legal form, mainly composed of producers or processors of the same product;

(a)

‘producer group’ means any association, irrespective of its legal form, composed of producers of raw material, processors or operators involved in the production of the same product;

(b)

‘traditional’ and ‘tradition’, associated with a product originating in a geographical area , means proven historical usage by producers in a community for a period that allows transmission between generations; this period is to be at least 30 years and the said usage may embrace modifications necessitated by changing hygiene and safety practices;

(b)

‘traditional’ and ‘tradition’, associated with a product, means proven historical usage of the name by producers in a community for a period that allows transmission between generations; that period is to be at least 30 years and such usage may embrace modifications necessitated by changing hygiene, safety and other relevant practices , such as those related to sustainability, animal health and welfare ;

(d)

‘production step’ means any stage of production, processing, preparation or ageing, up to the point where the product is in a form to be placed on the internal market;

(d)

‘production step’ means any stage of supply, production, processing, preparation or ageing, performed up to the point where the product meets all the requirements needed to be placed on the internal market;

(f)

‘product certification bodies’ means bodies within the meaning of Title II, Chapter III, of Regulation (EU) 2017/625 which certify that products designated by geographical indications or traditional specialities guaranteed comply with the product specification.

(f)

‘product certification bodies’ means delegated bodies within the meaning of Title II, Chapter III, of Regulation (EU) 2017/625 which certify that products designated by geographical indications or traditional specialities guaranteed comply with the product specification;

(g)

‘generic term’ means:

(g)

‘generic term’ means the name of products which, although relating to the place, region or country where a product was originally produced or marketed, have become the common name of a product in the Union;

(i)

the name of products which, although relating to the place, region or country where a product was originally produced or marketed, have become the common name of a product in the Union; and

(ii)

a common term descriptive of types of products, product attributes or other terms that do not refer to specific product;

(-a)

(-aa)

contributing to the achievement of rural development policy objectives by providing support to agricultural and processing activities and the farming systems associated with high-quality products;

(a)

producers acting collectively have the necessary powers and responsibilities to manage their geographical indication, including to respond to societal demands for products resulting from sustainable production in its three dimensions of economic, environmental and social value, and to operate in the market;

(a)

ensuring that producers acting collectively have the necessary powers and responsibilities to manage their geographical indication, including to create value and to respond to societal demands for products resulting from sustainable production in its three dimensions of economic, environmental and social value, animal health and welfare, and to operate in the Union internal market and on international markets ;

(b)

fair competition for producers in the marketing chain;

(b)

ensuring fair competition for farmers and producers of agricultural products and foodstuffs, in order to generate added value in the marketing chain;

(ba)

contributing to the aim of sharing that added value across the supply chain, in order to ensure producers’ capacity to invest in the quality, reputation and sustainability of their products;

(c)

consumers receive reliable information and a guarantee of authenticity of such products and can readily identify them in the marketplace including in electronic commerce;

(c)

ensuring that consumers receive reliable information and a guarantee of authenticity and traceability of the quality, reputation and other characteristics linked to the place of production of such products and can readily identify them in the marketplace including in the domain name system and in electronic commerce;

(d)

efficient registration of geographical indications taking into account the appropriate protection of intellectual property rights; and

(d)

ensuring the simple, efficient and user-friendly registration of geographical indications taking into account the uniform, appropriate and effective protection of intellectual property rights in the internal market including digital markets across the Union ; and

(e)

effective enforcement and marketing throughout the Union and in electronic commerce ensuring the integrity of the internal market.

(e)

ensuring effective controls, enforcement , use and marketing throughout the Union and in the domain name system and in electronic commerce , thereby ensuring the integrity of the internal market;

(ea)

preserving know-how, and promoting and supporting local and regional products;

( eb)

ensuring the effective protection of intellectual property rights of producers of such products in third country markets in compliance with international agreements, standards, best practices and agreements with third countries .

(f)

‘recognised producer group’ means a formal association having legal personality and recognised by the competent national authorities as the sole group to act on behalf of all producers;

(f)

‘recognised producer group’ means a formal association of producers recognised by the competent national authorities as the sole group to represent and act on behalf of all producers , and fulfilling the requirements laid down in Article 33(1) and (2) ;

(a)

the person concerned is the only producer willing to submit an application for the registration of a geographical indication; and

(a)

the person concerned is the only producer of that product at the time of the application for the registration of a geographical indication; and

(b)

the geographical area concerned is defined by natural features without reference to property boundaries and has characteristics which differ appreciably from those of neighbouring areas or the characteristics of the product are different from those produced in neighbouring areas.

(b)

the geographical area is defined by a natural environment and has characteristics which differ appreciably from those of neighbouring areas or the characteristics of the product are different from those produced in neighbouring areas or, in the case of spirit drinks, where the spirit drink has a special quality, reputation or other characteristic which is clearly attributable to its geographical origin .

(ca)

a study on the economic sustainability of the supply chain concerned.

(a)

climate change mitigation and adaptation, including energy efficiency and decrease water consumption;

(b)

preservation and sustainable use of soil, landscapes and natural resources;

(c)

improving soil fertility;

(d)

preservation of biodiversity and plants varieties, and transition to a circular economy;

(e)

transition to a circular economy;

(f)

reduction of the use of pesticides;

(g)

reduction of greenhouse gas (GHG) emissions;

(h)

reduction of the use of antimicrobials;

(i)

improving animal health and welfare;

(j)

securing viable income and improving resilience for producers of products benefiting from a protected designation of origin or a protected geographical indication;

(k)

improving the quality and the economic value of products benefiting from a protected designation of origin or a protected geographical indication, and redistributing added value across the supply chain;

(l)

contributing to the diversification of activities promoting the rural economy;

(m)

promoting local agricultural production, and preserving the rural fabric and local development, including agricultural employment;

(n)

attracting and sustaining young producers of products benefiting from a protected designation of origin or a protected geographical indication and new producers of products benefiting from a protected designation of origin or a protected geographical indication, and facilitating the inter-generational transmission of know-how and culture;

(o)

improving working and safety conditions in agricultural and processing activities;

(p)

contributing to the valorisation of rural areas as well as cultural and gastronomic heritage to promote education on themes concerning the quality system, food safety and balanced and diversified diets;

(q)

improving coordination between producers through improved efficiency of the governance instruments.

(-a)

(b)

requests the Commission to suspend the scrutiny because national administrative or judicial proceedings have been initiated to challenge the validity of the application and the Member State considers that those proceedings are based on valid grounds.

(b)

requests the Commission to suspend the examination because national administrative or judicial proceedings have been initiated to challenge the validity of the application and the Member State considers that those proceedings are based on valid grounds.

(a)

includes a change in the name , or in the use of the name, or, for wine and spirit drinks, in the category of product or products designated by the geographical indication, or, for spirit drinks, in the legal name ; or

(a)

includes a change in the name; or

(b)

risks voiding the link to the geographical area referred to in the single document; or

(b)

where the scrutiny carried out by the relevant Member State under paragraph 2, point (b), has concluded that that amendment might void the link to the geographical area referred to in the single document; or

(b)

where no product has been placed on the market under the geographical indication for at least seven consecutive years.

(b)

where no product has been placed on the market under the geographical indication in the preceding seven consecutive years.

(a)

any direct or indirect commercial use of the geographical indication in respect of products not covered by the registration, where those products are comparable to the products registered under that name or where use of a name exploits, weakens, dilutes, or is detrimental to the reputation of, the protected name;

(a)

any direct or indirect commercial use of the geographical indication in respect of products not covered by the registration, where those products are comparable to the products registered under that name or where use of a name exploits, weakens, dilutes, or is detrimental to the reputation of, the protected name , including where those products are used as ingredients ;

(b)

any misuse, imitation or evocation, even if the true origin of the products or services 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 , counterfeiting , imitation or evocation, even if the true origin of the products or services is indicated or if the protected name is translated transcribed, transliterated or accompanied by an expression such as ‘style’, ‘type’, ‘method’, ‘as produced in’, ‘imitation’, ‘flavour’, ‘like’ or similar , including where those products are used as ingredients;

(c)

any other false or misleading indication as to the provenance, origin, nature or essential qualities of the product that is used on the inner or outer packaging, advertising material, documents or information provided on websites 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 or essential qualities of the product that is used on the inner or outer packaging, advertising material, documents or information provided on websites or on domain names relating to the product concerned, and the packing of the product in a container liable to convey a false impression as to its origin;

(a)

goods entering the customs territory of the Union without being released for free circulation within that territory; and

(a)

goods entering the customs territory of the Union without being released for free circulation within that territory;

(aa)

goods produced in the Union and destined to be exported to and marketed in third countries; and

(a)

develop the product specification and manage internal controls that ensure compliance of production steps of the product designated by the geographical indication with the said specification;

(a)

develop the product specification and manage activities relating to verifying and ensuring compliance of production steps of the product designated by the geographical indication with the said specification;

(b)

take legal action to ensure protection of the geographical indication and of the intellectual property rights that are directly connected with it;

(b)

take legal action , including action before civil and criminal courts, to ensure protection offline and online of the geographical indication and of the intellectual property rights that are directly connected with it , including websites, domain names and electronic commerce, and claim damages ;

(c)

agree sustainability undertakings, whether or not included in the product specification or as a separate initiative , including arrangements for verification of compliance with those undertakings and assuring adequate publicity for them notably in an information system provided by the Commission;

(c)

agree sustainability undertakings , including undertakings which complement and contribute to producers’ agro-ecological strategies to combat climate change, whether included in the product specification or elsewhere , assuring adequate publicity for them notably in an information system provided by the Commission;

(d)

take action to improve the performance of the geographical indication, including:

(d)

take action to improve the performance of the geographical indication, in terms of economic, social and environmental sustainability, including:

(-i)

establishing the minimum conditions for the usage of the name of a geographical indication ;

(ii)

dissemination of information and promotion activities aiming at communicating the attributes of the product designated by a geographical indication to consumers;

(ii)

dissemination of information and promotion activities aiming at communicating the attributes of the product designated by a geographical indication to consumers , including the development of tourism services relating to sustainable and responsible rural tourism in the geographical area referred to in the product specification ;

(iii)

carrying out analyses into the economic performance, sustainability of production, nutritional profile, and organoleptic profile, of the product designated by the geographical indication;

(iii)

carrying out analyses into the economic , social or environmental performance, of production, nutritional profile, and organoleptic profile, of the product designated by the geographical indication;

(e)

combat counterfeiting and suspected fraudulent uses on the internal market of a geographical indication designating products that are not in compliance with the product specification, by monitoring the use of the geographical indication across the internal market and on third countries markets where the geographical indications are protected, including on the internet, and, as necessary, inform enforcement authorities using confidential systems available.

(e)

combat counterfeiting and suspected fraudulent uses on the internal market , including the Union digital market, of a geographical indication designating products that are not in compliance with the product specification, by monitoring the use of the geographical indication across the internal market and on third countries markets where the geographical indications are protected, including on the internet, and, as necessary, inform enforcement authorities using confidential systems available;

(ea)

take measures to enhance the value of products and, where necessary, take steps to prevent or counter any measures or commercial practices which are, or risk being, detrimental to the image and value of their products, including devaluating marketing practices and lowering prices;

(eb)

take measures to disseminate best practices and raise awareness among producers and consumers of the sustainability undertakings provided for in Article 12;

(ec)

establish the minimum conditions for the fair usage of the name of a geographical indication as an ingredient in a processed product, referred to in Article 28(2), and determine the rules for requesting a financial contribution from the processor for such use.

(b)

to take enforcement actions, including filing applications for actions with custom authorities, to prevent or counter any measures which are, or risk being, detrimental to the image of their products;

(b)

to take enforcement actions, including filing applications for actions with custom authorities, to prevent or counter any measures or commercial practices which are, or risk being, detrimental to the image and value of their products including devaluating marketing practices and lowering prices ;

(ba)

to carry out supervisory activities and prevent fraud;

(ca)

to agree with downstream operators on value-sharing clauses within the meaning of Article 172a of Regulation (EU) No 1308/2013, including in relation to market bonuses and losses, and determining how any evolution of market prices for the products concerned or other relevant commodities is to be allocated between them;

(cb)

to liaise with the Commission in the context of negotiations on international agreements as regards the protection of geographical indications;