67 Amendments of Maria GRAPINI related to 2022/0115(COD)
Amendment 120 #
Proposal for a regulation
Recital 5
Recital 5
(5) Unitary protection throughout the Union for the intellectual property rights related to geographical indications can contribute to incentives for the production of quality products, the wide availability of such products for consumers and the creation of valuable and sustainable jobs including in rural and less-developed regions. In particular in view of the potential of geographical indications to contribute to sustainable and highly skilled jobs in rural and less developed regions, producers should aim at creating a substantial proportion of the value of the product designated by a geographical indication within the defined geographical area. Therefore producers acting collectively should have the necessary powers and responsibilities to manage their geographical indication, including, if necessary, 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.
Amendment 130 #
Proposal for a regulation
Recital 15
Recital 15
(15) The procedures for registration, amendments to the product specification and cancellation of the registration and appeals in respect of geographical indications originating in the Union under this Regulation should be carried out by the Member States and the Office. The Member States and the Office should be responsible for distinct stages of the procedures. Member States should be responsible for the first stage, which consists of receiving the application from the applicants, assessing it, running the national opposition procedure, and, following the positive results of the assessment, submitting the Union application to the Office. The Office should be responsible for examining the applications in the second stage of the procedure, running the worldwide opposition procedure and taking a decision on granting or refusing the protection to the geographical indication. The Office should also carry out the corresponding procedures for geographical indications originating in third countries, without prejudice to the direct registration procedure.
Amendment 154 #
Proposal for a regulation
Recital 48
Recital 48
(48) Control and verification fees or charges should cover, but not exceed, the costs, including overhead costs, incurred by the competent authorities to perform official controls. Overhead costs could include the costs of the organisation and support necessary for planning and carrying out the official controls. Such costs should be calculated on the basis of each individual official control or on the basis of all official controls performed over a given period of time. Where fees or charges are applied on the basis of the actual cost of individual official controls, producers with a good record of compliance should bear lower overall charges than non-compliant ones, as such producers with a good record of compliance should be subject to less frequent official controls. In order to promote compliance with Union legislation by all producers irrespective of the method (based on actual costs or on a flat rate) that each Member States has chosen for the calculation of the fees or charges, where fees or charges are calculated on the basis of overall costs incurred by the competent authorities over a given period of time, and imposed on all producers irrespective of whether they are subject to an official control during the reference period, those fees or charges should be calculated so as to reward producers with a consistently good record of compliance. No fee should be charged for the submission of the self- declaration and its processing.
Amendment 155 #
Proposal for a regulation
Recital 60
Recital 60
(60) In order to amend or supplement 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 the requirements or listing additional items of the accompanying documentation, defining procedures and conditions applicable to the preparation and submission of Union applications for registration, rules on entrusting the Office to operate the Union register of geographical indications for craft and industrial products; the formal content of the notice of appeal, the procedure for the filing and the examination of an appeal as well as the formal content and the form of the Board of Appeal’s decisions; the information and requirements of the self- declaration and the technical assistance of the Office. 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-Making23 . 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. __________________ 23 Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making (OJ L 123, 12.5.2016, p. 1).
Amendment 158 #
Proposal for a regulation
Article 1 a (new)
Article 1 a (new)
Amendment 174 #
Proposal for a regulation
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) ‘producer geographical indication group’ means any association, irrespective of its legal form, mainly composed of producers or processors, manufacturer and/or processors and/or any other operator working with the same product;
Amendment 177 #
Proposal for a regulation
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
(e) ‘production step’ means any stage of production, and/or processing and/or preparation, included in the specifications/description of the geographical indication product, up to the point, where the product is in a form to be placed on the internal market;
Amendment 179 #
Proposal for a regulation
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
(f) ‘traditional’ and 'tradition', when associated with a product originating in a geographical area, means proven historical usage by producmanufacturers in a community for a period that allows transmission between generations; this period should be at least 30 years and the said usage may embrace modifications necessitated by changing hygiene and safety practices;
Amendment 182 #
Proposal for a regulation
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
(g) 'producer' means an operator engaged in any production step of a product the name of which is protected as a geographical indication, including production, and/or processing activities, covered by the product specification;
Amendment 188 #
Proposal for a regulation
Article 3 – paragraph 1 – point i
Article 3 – paragraph 1 – point i
(i) ‘product certification body’ means a legal person, duly accredited, which certifies that products designated by geographical indications comply with the product specification, whether in performance of a delegated official control task or any other mandate;
Amendment 200 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Applications for the registration of geographical indications shall only be submitted by a producer group of a product (‘applicant producer group’), the name of which is proposed for registration. Regional or local public entities may help in the preparation of the application and in the related procedure.
Amendment 202 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. An authority designated by a Member State or a territorial collectivity may be deemed to be an applicant producer group for the purposes of this Title, if it is not feasible for the producers concerned to form a group by reason of their number, geographical location or organisational characteristics. Where such representation takes place, the application referred to in Article 11(3) shall state these reasons for such representation.
Amendment 207 #
Proposal for a regulation
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
3a. the use of the geographical indication shall be opened to any new producer able to comply with the specifications;
Amendment 209 #
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. Craft andIn order for the name of a craft or industrial products the names of which aro be registered as a geographical indication, the product shall comply with a product specification, which shall include at least:
Amendment 212 #
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) the name to be protected as geographical indication which may be either a geographical name of the place of production of a specific product, orand a name used in trade or in common language to describe the specific product in the defined geographical area;
Amendment 214 #
Proposal for a regulation
Article 7 – paragraph 1 – point a a (new)
Article 7 – paragraph 1 – point a a (new)
(aa) the type of product;
Amendment 219 #
Proposal for a regulation
Article 7 – paragraph 1 – point h a (new)
Article 7 – paragraph 1 – point h a (new)
(ha) the name and contact details of the competent authority and/or product certification body verifying compliance with the provisions of the product specification;
Amendment 221 #
Proposal for a regulation
Article 7 – paragraph 1 – point i
Article 7 – paragraph 1 – point i
(i) other applicable requirements where provided for by Member States or by a producer group, ifas applicable, having regard to the fact that such requirements must be objective, non-discriminatory and compatible with Union law.
Amendment 223 #
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1a. Product specification shall contain objective and non-discriminatory elements only.
Amendment 224 #
Proposal for a regulation
Article 8 – paragraph 1 – point a – point i
Article 8 – paragraph 1 – point a – point i
(i) the name to be protected as a geographical indication;
Amendment 226 #
Proposal for a regulation
Article 8 – paragraph 1 – point a – point i a (new)
Article 8 – paragraph 1 – point a – point i a (new)
(ia) the type of product;
Amendment 228 #
Proposal for a regulation
Article 8 – paragraph 1 – point a – point ii
Article 8 – paragraph 1 – point a – point ii
(ii) a description of the product, including, where appropriate, specific rulesthe raw materials and information concerning the packaging and labelling,
Amendment 230 #
Proposal for a regulation
Article 8 – paragraph 1 – point a – point iii a (new)
Article 8 – paragraph 1 – point a – point iii a (new)
(iiia) the main steps of production;
Amendment 231 #
Proposal for a regulation
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. The documentation accompanying the application for registration as referred in articles 11 and 17 (‘accompanying documentation’) shall comprise:
Amendment 234 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States may charge a fee to cover the costs of managing the geographical indication system for craft and industrial products provided for in this Regulation, including those incurred in processing applications, statements of opposition, applications for amendments and, requests for cancellations and appeals.
Amendment 238 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Where a Member State charges a fee, the level of the feesAny fee charged under this Article shall be reasonable, foster the competitiveness of the producers of the geographical indications and shall take into account the situation of micro, small and medium-sized enterprises.
Amendment 249 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
The competent authority shall examine the application and shall check that the product complies with the requirements for geographical indications referred to in Article 5 and provides the necessary information and evidences for registration referred to in Articles 7, 8 and 9. This examination process shall not exceed 18 months.
Amendment 254 #
Proposal for a regulation
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2a. The competent authority shall establish an objective and impartial report after the national opposition period.
Amendment 255 #
Proposal for a regulation
Article 13 – paragraph 2 b (new)
Article 13 – paragraph 2 b (new)
2b. The grounds for opposition shall be assessed in relation to the territory of the Union.
Amendment 267 #
Proposal for a regulation
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
1. For geographical indications concerning products originating in the Union, the Union application for registration submitted by an applicant and/or a Member State to the Office, shall comprise:
Amendment 268 #
Proposal for a regulation
Article 17 – paragraph 1 – point c
Article 17 – paragraph 1 – point c
(c) declaration by the Member State to which the application was initially addressed, confirming that the application meets the conditions for registration under this Regulationconfirming that there is no objection at national level;
Amendment 275 #
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
5. The joint application referred to in Article 6(4) shall include, where relevant, the documents listed in paragraphs 1 and 2 of this Article, from the Member States or third countries concerned. The related national procedure for application, the examination and opposition procedure referred to in Articles 11, 12 and 13 shall be carried out in all the Member States and third countries concerned.
Amendment 278 #
Proposal for a regulation
Article 19 – paragraph 1 – point a a (new)
Article 19 – paragraph 1 – point a a (new)
(aa) (b) the application complies with the definition of the Geographical Indication as provided in article 3;
Amendment 286 #
Proposal for a regulation
Article 22 – paragraph 2 – point b
Article 22 – paragraph 2 – point b
(b) the registration of the proposed geographical indication would be contrary to Articles 35, 37, 38 or 39;
Amendment 287 #
Proposal for a regulation
Article 22 – paragraph 3 a (new)
Article 22 – paragraph 3 a (new)
3a. An opposition that does not comply with paragraph 1 shall be void and dismissed.
Amendment 288 #
Proposal for a regulation
Article 23 – paragraph 1 – introductory part
Article 23 – paragraph 1 – introductory part
1. Without prejudice to Article 42, at the time of registration, the Office may decide to grant a transitional period of up to 53 years to enable, for products originating in a Member State or a third country the designation of which consists of or contains a name that contravenes Article 35, the continued use of that designation, under which they were marketed, provided that an admissible and grounded opposition, under Article 13 or Article 21, to the application for registration of the geographical indication whose protection is contravened shows that:
Amendment 290 #
Proposal for a regulation
Article 23 – paragraph 2 – introductory part
Article 23 – paragraph 2 – introductory part
2. The Office may decide to extend the transitional period granted under paragraph 1 up to 15 years, or allowing continued use for up to 15 years, provided it is additionally shown that:
Amendment 291 #
Proposal for a regulation
Article 23 – paragraph 5
Article 23 – paragraph 5
5. To overcome temporary difficulties with the long-term objective of ensuring that all producers of a product designated under a geographical indication in the area concerned comply with the related product specification, a Member State may grant a transitional period for compliance, of up to 105 years, with effect from the date on which the application is lodged withregistered by the Office, provided that the operators concerned have legally marketed the products in question, using the names concerned continuously for at least 5 years preceding the lodging of the application to the authorities of that Member State and have referred to that fact in the national opposition procedure referred to in Article 13.
Amendment 293 #
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. Where, on the basis of the information available to the Office from the examination carried out pursuant to Article 19, the Office considers that any of the requirements referred to in that Article is not fulfilled, it shall adopt a decision rejecting the application for registration. The office shall publish geographical indication application refusal.
Amendment 294 #
Proposal for a regulation
Article 24 – paragraph 7
Article 24 – paragraph 7
7. Decisions adopted by the Office shall be published in the Union register of geographical indications for craft and industrial products in all the official languages of the Union. The reference to the name of the product, class of thetype of product, indications of the country or countries of origin and the reference to the decision published in the Union register of geographical indications for craft and industrial products shall be published in the Official Journal of the European Union.
Amendment 298 #
Proposal for a regulation
Article 26 – paragraph 3 – point b
Article 26 – paragraph 3 – point b
(b) the class of thetype of product;
Amendment 299 #
Proposal for a regulation
Article 26 – paragraph 7
Article 26 – paragraph 7
7. The Office shall retain documentation related to the registration of a geographical indication in digital or paper form for the period of validity of the geographical indication, and in case of cancellation or refusal for 10 years thereafter.
Amendment 300 #
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. The Office shall ensure that any person is able to download an official extract from the Union register of geographical indications for craft and industrial products that provides proof of registration or refusal of the geographical indication, and the relevant data including the date of application for the registration of the geographical indication or other priority date. The official extract may be used as an authentic certificate in legal proceedings, in a court of law, in a court of arbitration or similar body.
Amendment 302 #
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. The applicant producer group or where Article 6(2) or 6(3) applies, the authority designated by a Member State or a territorial collectivity or the single producer shall be identified as the holder of the registration in the Union register of geographical indications for craft and industrial products and in the official extract referred to in paragraph (1) of this Article.
Amendment 303 #
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. A producer group, a competent authority or a single producer having a legitimate interest may apply for the approval of an amendment to the product specification of a registered geographical indication.
Amendment 304 #
Proposal for a regulation
Article 28 – paragraph 3 – point a
Article 28 – paragraph 3 – point a
(a) the amendment includes a change in the name, or in the use of the name,
Amendment 305 #
Proposal for a regulation
Article 28 – paragraph 3 a (new)
Article 28 – paragraph 3 a (new)
3a. A standard amendment shall be considered as a temporary amendment when it concerns a temporary change in the product specification resulting from the imposition of obligatory sanitary measures by the public authorities or a temporary amendment necessary because of a natural disaster or adverse conditions or geopolitical event/the consequences of such event formally recognised by the competent authorities.
Amendment 308 #
Proposal for a regulation
Article 29 – paragraph 1 – introductory part
Article 29 – paragraph 1 – introductory part
1. The Office may, own its own initiative or on a duly substantiated request by a geographical indication producers group, a Member State, a third country or any natural or legal person having a legitimate interest, decide to cancel the registration of a geographical indication in the following cases:
Amendment 311 #
Proposal for a regulation
Article 29 – paragraph 1 – point b a (new)
Article 29 – paragraph 1 – point b a (new)
(ba) where compliance with the requirements for the Geographical Indication definition can no longer be ensured.
Amendment 316 #
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. For domain names registered under a country-code top-level domain name, administered or managed by a registry established in the Union, the Office shall provide a domain name information and alert system. Upon submission of an application for aregistration of the geographical indication, the information and alert system shall inform applicants forright holders of a geographical indication about the availability of their geographical indication as a domain name, and on an optional basis once a domain name containing an identical or similar name with their geographical indication is registered (domain name alerts).
Amendment 317 #
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. Opposition and cancellation decisionsAll decisions referred to in paragraph 1 shall be taken by a panel of at least three members. At least one member shall be legally qualified. All other decisions of paragraph 1 shall be taken by a single member.
Amendment 318 #
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. Opposition and cancellation decisions shall be taken by a panel of three members. At least one member shall be legally qualified. All othe and/or dtecisions of paragraph 1 shall be taken by a single memberhnically qualified.
Amendment 319 #
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. An Advisory Board is set up to deliver an opinion where provided for in this Regulation or if deemed as necessary by the Commission and the Office.
Amendment 321 #
Proposal for a regulation
Article 33 – paragraph 2 – point d a (new)
Article 33 – paragraph 2 – point d a (new)
(da) the assessment of the conditions of production and the link between the product and its geographical origin;
Amendment 323 #
Proposal for a regulation
Article 33 – paragraph 5
Article 33 – paragraph 5
5. The Advisory Board shall be composed of one representative of each Member State and one representatives of the Commission and their respective alternates and any recognized expert in the field of GIs or of the concerned product, including representatives of regions.
Amendment 325 #
Proposal for a regulation
Article 35 – paragraph 1 – introductory part
Article 35 – paragraph 1 – introductory part
1. Geographical indications entered in the Union register of geographical indications for craft and industrial products as well as geographical indication protected by international agreement in the Union shall be protected against:
Amendment 327 #
Proposal for a regulation
Article 35 – paragraph 1 – point a
Article 35 – paragraph 1 – point a
(a) any direct or indirect commercial use of the geographical indication in respect of products not covered by the registration, where those products are identical or similar to the products registered under that geographical indication or where use of the name exploits, weakens, dilutes, or is detrimental to the reputation of, the protected geographical indication, including where those products are parts or components in manufactured products;
Amendment 330 #
Proposal for a regulation
Article 35 – paragraph 1 – point b
Article 35 – paragraph 1 – point b
(b) any misuse, imitation or evocation, even if the true origin of the products or services is indicated or if the protected geographical indication is translated, transcripted or transliterated, or accompanied by an expression such as ‘style’, ‘type’, ‘method’, ‘as produced in’, ‘imitation’, ‘flavourragrance’, ‘like’ or similar, including where those products are parts or components in manufactured products;
Amendment 333 #
Proposal for a regulation
Article 35 – paragraph 1 – point c
Article 35 – paragraph 1 – point c
(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 products, and the packing of the products or on domain names in a container liable to convey a false impression as to their origin;
Amendment 338 #
Proposal for a regulation
Article 36 – paragraph 1
Article 36 – paragraph 1
1. Article 35 is without prejudice to the use of a protected geographical indication by producers in conformity with Article 43 toname indicateing that a manufactured product contains or integrates, as a part or component, a product designated by that geographical indication provided that such use is made in accordance with honest commercial practices, is agreed with the geographical indication right holder and does not weaken, dilute, or is not detrimental to, the reputation of the geographical indication.
Amendment 340 #
Proposal for a regulation
Article 36 – paragraph 2
Article 36 – paragraph 2
2. The geographical indication designating a product’s part or component shall not be used in the sales designation of the manufactured product, except in cases of agreement with a producer group or, in situgeographical indications referred to in Article 6(3), a single producight holder.
Amendment 346 #
Proposal for a regulation
Article 40 – paragraph 1
Article 40 – paragraph 1
1. Member States or the Office in case of direct application shall verify that the producer group operates in a transparent and democratic manner and that all producers of the product designated by the geographical indication enjoy right of membership in the group. Member States may provide that public officials, and other stakeholders such as consumer groups, retailers and suppliers, also participate in the work of the producer group.
Amendment 350 #
Proposal for a regulation
Article 40 – paragraph 2 – point a
Article 40 – paragraph 2 – point a
(a) develop, modify the product specification and manage internal controls that ensure compliance of production steps of product designated by the geographical indication with that specification;
Amendment 351 #
Proposal for a regulation
Article 40 – paragraph 2 – point b
Article 40 – paragraph 2 – point b
(b) take legal action and assert the right including enforcement actions, to ensure the protection of the geographical indication and of the intellectual property rights that are directly connected with it, and prevent or counter any measures which are, or risk being detrimental to the image of their products;
Amendment 362 #
Proposal for a regulation
Article 44 – paragraph 2
Article 44 – paragraph 2
2. In the case of craft and industrial products originating in the Union that are marketed under a geographical indication, the Union symbol referred to in paragraph 1 mayshall appear on the labelling and advertising material. The geographical indication name shall be in the same field of vision as the Union symbol.
Amendment 366 #
Proposal for a regulation
Article 44 – paragraph 3
Article 44 – paragraph 3
3. The abbreviation ‘PGI’ corresponding to the indication ‘protected geographical indication’ may appear on the labelling and advertising material of products designated by a geographical indication of craft and industrial products.
Amendment 368 #
Proposal for a regulation
Article 44 – paragraph 6
Article 44 – paragraph 6
6. The Union symbol indicating the protected geographical indication and the Union indication ‘protected geographical indication’ and the abbreviation ‘PGI’ as relevant, mayshall appear on the labelling and advertising material only after the publication of the decision on registration in accordance with Articles 24 and 25.