57 Amendments of Norbert LINS related to 2022/0089(COD)
Amendment 158 #
Proposal for a regulation
Recital 20
Recital 20
(20) In light of commercial practices and Union jurisprudence clarity is required on the use of a geographical indication in the sale name of a processed product of which the product designated by the geographical indication is an ingredient. It should be ensured that such use is made in accordance with fair commercial practices and does not weaken, dilute or is not detrimental to the reputation of the product bear, if there is no misuse, evocation or imitation withing the geographical indication. A consent of a large majority of the producers of geographical indications concerned should be required to allow such a usemeaning of Article 27(1).
Amendment 200 #
Proposal for a regulation
Recital 56
Recital 56
(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 Indications34, 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 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 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-Making35. 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. _________________ 34 https://www.wipo.int/publications/en/detail s.jsp?id=3983 35 OJ L 123, 12.5.2016, p. 1.
Amendment 208 #
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) geographical indications for wine, spirit drinks and agricultural products.
Amendment 235 #
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) ‘traditional’ and ‘tradition’, associated with a product originating in a geographical area, means proven historical usage of the name 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;
Amendment 241 #
Proposal for a regulation
Article 2 – paragraph 1 – point f
Article 2 – paragraph 1 – point f
(f) ‘product certificationdelegated 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.
Amendment 253 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The Commission and the Member States shall process and make public the personal data received in the course of the procedures for registration, approval of amendments, cancellation, opposition, granting of transitional period and control pursuant to this Regulation, Regulation (EU) No 1308/2013 and Regulation (EU) 2019/787, in accordance with Regulations (EU) 2018/1725 and (EU) 2016/679.
Amendment 275 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. This Title covers wine, spirit drinks and agricultural products, including foodstuffs and fishery and aquaculture products, listed under Chapters 1 to 23 of the combined nomenclature set out in Annex I to Council Regulation (EEC) No 2658/8743 , and the additional agricultural products under the combined nomenclature headings and codes set out in Annex I to this Regulation. _________________ 43 Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).
Amendment 285 #
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) ‘geographical indication’, unless otherwise stated, means designations of origin and geographical indications of wine, as defined in Article 93 of Regulation (EU) No 1308/2013, designations of origin and geographical indications of agricultural products, as defined in Article 48 of this Regulation and geographical indications of spirit drinks, as defined in Article 3(4) of Regulation (EU) 2019/787, that are applied for or entered in the Union register of geographical indications referred to in Article 23;
Amendment 291 #
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
Amendment 309 #
Proposal for a regulation
Article 8 – paragraph 3 – point b
Article 8 – paragraph 3 – point b
(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 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.
Amendment 315 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The Member State shall scrutinise the application for registration in order to check that it meets the conditions for registration of the respective provisions for wine, spirit drinks or agricultural products as appropriate.
Amendment 326 #
Proposal for a regulation
Article 11 – paragraph 1 – point a
Article 11 – paragraph 1 – point a
Amendment 332 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. A producer group may agree on sustainability undertakings to be adhered to in the production of the product designated by a geographical indication. Such undertakings shall aim to apply a sustainability standard higher than mandated by Union or national law and go beyond good practice in significant respects in terms of social, environmental or, economic or animal health and welfare undertakings. Such undertakings shall be specific, shall take account of existing sustainable practices employed for products designated by geographical indications, and may refer to existing sustainability schemes.
Amendment 341 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The sustainability undertakings referred to in paragraph (1) shallmay be included in the product specification or developed in separate initiatives.
Amendment 354 #
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
Amendment 361 #
Proposal for a regulation
Article 13 – paragraph 1 – point a
Article 13 – paragraph 1 – point a
Amendment 366 #
Proposal for a regulation
Article 14 – paragraph 1 – point c – point i
Article 14 – paragraph 1 – point c – point i
Amendment 381 #
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. The Commission shall scrutinise anyconduct the examination of the application for registration that it receives pursuant to Article 16(1). Such scrutiny shall consist of a check that there are no manifest errors,. The Commission shall verify that the information provided in accordance with Article 15 is complete and that the single document referred to in Article 13 is precise and technical in nature. It shall take into account the outcome of the national procedure carried out by the Member State concerned. It shall focus in particular on the single document referred to in Article 13.
Amendment 388 #
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. Where, based on the scrutiny carried out pursuant to paragraph 1, the Commission considers that the conditions laid down in this Regulation and in Regulations (EU) No 1308/2013 and (EU) 2019/787, as appropriate, are fulfilled, it shall publish in the Official Journal of the European Union the single document and the reference to the publication of the product specification.
Amendment 400 #
2. The Commission shall be exempted from the obligation to meet the deadline to perform the scrutiny referred to in Article 17(2) and toshall inform the applicant of the reasons for the delay where it receives a communication from a Member State, concerning an application for registration in accordance with Article 9(6), which:
Amendment 411 #
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. An opposition shall claim that the application could infringe the conditions laid down in this Regulation, Regulations (EU) No 1308/2013 or (EU) 2019/787, as appropriate, and give reasons. An opposition that does not contain the said claim shall be void.
Amendment 414 #
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
4. The Commission shall checkonduct the examination of the admissibility of the opposition. If the Commission considers that the opposition is admissible, it shall, within 5 months from the date of publication in the Official Journal of the European Union invite the authority or the person that lodged the opposition and the authority or the applicant producer group that lodged the application to engage in appropriate consultations for a reasonable period that shall not exceed 3 months. At any time during that period, the Commission may, at the request of the authority or the applicant producer group, extend the deadline for the consultations by a maximum of 3 months.
Amendment 420 #
Proposal for a regulation
Article 19 – paragraph 5
Article 19 – paragraph 5
5. The authority or the person that lodged the opposition and the authority or applicant producer group that lodged the application shall start appropriate consultations without undue delay. They shall provide each other with the relevant information to assess whether the application for registration complies with this Regulation, Regulations (EU) No 1308/2013 or (EU) 2019/787, as appropriate.
Amendment 434 #
Proposal for a regulation
Article 20 – paragraph 1 – point a
Article 20 – paragraph 1 – point a
(a) the proposed geographical indication does not comply with the definition of the geographical indication or with the requirements referred to in this Regulation, Regulation (EU) No 1308/2013 or Regulation (EU) 2019/787 as the case may be;
Amendment 453 #
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. Where a producer group has been recognised by the national authorities in accordance with Article 33, or a third country authority, that group shall be identified as the representatives of the rights' holder of the geographical indication in the Union register of geographical indications and in the official extract referred to in paragraph (1).
Amendment 460 #
Proposal for a regulation
Article 25 – paragraph 1 a (new)
Article 25 – paragraph 1 a (new)
1a. Where a recognised producer group does not exist, a producer group or in exceptional and duly justified cases, an individual producer which is the only producer having a legitimate interest may apply for the approval of an amendment to the product specification of a registered geographical indication;
Amendment 464 #
Proposal for a regulation
Article 25 – paragraph 2 a (new)
Article 25 – paragraph 2 a (new)
2a. Where a recognised producer group does not exist, a producer group or in exceptional and duly justified cases, an individual producer which is the only producer having a legitimate interest may apply for the approval of an amendment to the product specification of a registered geographical indication.
Amendment 474 #
Proposal for a regulation
Article 25 – paragraph 7
Article 25 – paragraph 7
7. Applications for Union amendments submitted by a third country or by producers groups, or in exceptional and duly justified case an individual producer in a third country shall contain proof that the requested amendment complies with the laws on the protection of geographical indications in force in that third country.
Amendment 496 #
Proposal for a regulation
Article 26 – paragraph 6
Article 26 – paragraph 6
Amendment 517 #
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
Amendment 530 #
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
(1) Article 27 is without prejudice to the use of a geographical indication by operators in conformity with Article 36 to indicate that a processed product contains, as an ingredient, a product designated by that geographical indication provided that such if there is no unlawful misuse, is made in accordance with honest commercial practices and does not weaken, dilute or is not detrimental to the reputation of the geographical indicationmitation or evocation within the meaning of Article 27(1).
Amendment 532 #
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
Amendment 535 #
Amendment 547 #
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. A producer group shall be set up on the initiative of interested stakeholders, including farmers, farm suppliers, intermediate processors and finaland may be composed of producers or processors, as specified by the competent national authorities with regard to constitution rules, and according to the nature of the product concerned. Member States shall verify that the producer group operates in a transparent and democratic manner and that all producers of the product designated by theWithout prejudice to Article 32.2, national authorities may, in accordance with national laws, define the tasks, powers and responsibilities granted to a producer group. Member States may lay down rules to ensure that only one group can operate for each geographical indication enjoy right ofand that membership inof the group. Member States may provide that public officials, and other stakeholders such as consumer groups, retailers and suppliers, also participate in the works of the producer group. and participation in operating costs is compulsory for all GI producers. A producer group may be set up at the initiative of a Member State.
Amendment 554 #
Proposal for a regulation
Article 32 – paragraph 2 – point b
Article 32 – paragraph 2 – point b
(b) take legal action, including but not limited to action before the civil and criminal courts, to ensure protection of the geographical indication and of the intellectual property rights that are directly connected with it;
Amendment 556 #
Proposal for a regulation
Article 32 – paragraph 2 – point c
Article 32 – paragraph 2 – point c
(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;
Amendment 576 #
Proposal for a regulation
Article 33 – paragraph 3 – point c a (new)
Article 33 – paragraph 3 – point c a (new)
(ca) to be consulted in regard to the protection of their name, in the context of international trade negotiations;
Amendment 616 #
Proposal for a regulation
Article 37 – paragraph 7
Article 37 – paragraph 7
Amendment 625 #
Proposal for a regulation
Article 38 – paragraph 3
Article 38 – paragraph 3
3. When performing the controls and enforcement activities provided for in this Title, the responsible competent authorities and product certificationdelegated bodies shall comply with the requirements laid down in Regulation (EU) 2017/625. However, Title VI, Chapter 1, of Regulation (EU) 2017/625 shall not apply to controls of geographical indications.
Amendment 626 #
Proposal for a regulation
Article 38 – paragraph 3
Article 38 – paragraph 3
3. When performing the controls and enforcement activities provided for in this Title, the responsible competent authorities and product certificationdelegated bodies shall comply with the requirements laid down in Regulation (EU) 2017/625. However, Title VI, Chapter 1, of Regulation (EU) 2017/625 shall not apply to controls of geographical indications.
Amendment 635 #
Proposal for a regulation
Article 39 – paragraph 3 – point b
Article 39 – paragraph 3 – point b
(b) one or more product certificationdelegated bodies to which responsibilities have been delegated as referred to in Regulation (EU) 2017/625, Title II, Chapter III.
Amendment 637 #
(b) one or more product certificationdelegated bodies.
Amendment 640 #
Proposal for a regulation
Article 40 – title
Article 40 – title
Public information on competent authorities and product certificationdelegated bodies
Amendment 641 #
Proposal for a regulation
Article 40 – paragraph 1
Article 40 – paragraph 1
1. Member States shall make public the names and addresses of the competent authorities and product certificationdelegated bodies referred to in Article 39(3) and keep that information up-to-date.
Amendment 642 #
Proposal for a regulation
Article 40 – paragraph 2
Article 40 – paragraph 2
2. The Commission shall make public the names and addresses of the competent authorities and product certificationdelegated bodies referred to in Article 39(4) and update that information periodically.
Amendment 643 #
Proposal for a regulation
Article 40 – paragraph 3
Article 40 – paragraph 3
3. The Commission may establish a digital portal where the names and addresses of the competent authorities and product certificationdelegated bodies referred to in paragraphs 1 and 2 are made public.
Amendment 644 #
Proposal for a regulation
Article 41 – title
Article 41 – title
Accreditation of product certificationdelegated bodies
Amendment 645 #
Proposal for a regulation
Article 41 – paragraph 1 – introductory part
Article 41 – paragraph 1 – introductory part
1. The product certificationdelegated bodies referred to in Article 39(3), point (b) and Article 39(4), point (b) shall comply with and be accredited in accordance with:
Amendment 660 #
Proposal for a regulation
Article 45 – paragraph 2
Article 45 – paragraph 2
2. The proof of certificationompliance referred to in paragraph 1 shall be made available on request to enforcement authorities, customs or other authorities in the Union engaged in verifying the use of geographical indications on goods declared for free circulation or placed on the internal market. The producer may make the proof of certificationompliance available to the public or to any person who requests such proof in the course of business.
Amendment 688 #
Proposal for a regulation
Article 48 – paragraph 3 – point b
Article 48 – paragraph 3 – point b
(b) products and/or products names that, without prejudice to the rules referred to in Article 5(2), are contrary to public policy or to accepted principles of morality and may not be placed on the internal market.
Amendment 690 #
Proposal for a regulation
Article 48 – paragraph 5
Article 48 – paragraph 5
5. For the purposes of paragraphs (1), point (b) and (2), point (b), ‘other characteristic’ may include traditional production practices, traditional product attributes and farming practices that protect environmental value including biodiversity, habitats, nationally recognised environmental zones and landscape.
Amendment 693 #
Proposal for a regulation
Article 48 – paragraph 6 a (new)
Article 48 – paragraph 6 a (new)
6a. In duly justified cases and in order to take into account natural constraints affecting agricultural production in certain mountain or disadvantaged areas, the Commission shall be empowered to adopt a delegated act laying down the conditions under which slaughtering can take place outside of the geographical area;
Amendment 745 #
Proposal for a regulation
Article 81 – paragraph 1 – point 2
Article 81 – paragraph 1 – point 2
Regulation (EU) 1308/2013
Article 94
Article 94
Amendment 758 #
Proposal for a regulation
Article 81 – paragraph 1 – point 3
Article 81 – paragraph 1 – point 3
Amendment 796 #
Proposal for a regulation
Article 83 – paragraph 1 – point 1 a (new)
Article 83 – paragraph 1 – point 1 a (new)
1a (new). In Article 13, the following paragraph 4a is inserted: ‘(4a) For spirit drinks marketed under a compound name as referred to in Article 11, a label as referred to in Article 12, as a mixture as referred to in paragraph 3 of this Article or as a combination as referred to in paragraph 3(a) of this Article, the indication of the quantity of ingredients mentioned in compound terms, as allusion(s), in mixtures or in combinations shall not be required in accordance with Regulation (EU) No 1169/2011.’
Amendment 797 #
Proposal for a regulation
Article 83 – paragraph 1 b (new)
Article 83 – paragraph 1 b (new)
Regulation (EU) 2019/787
Annex I
Annex I
1a (new). In Annex I, the following category 9a is inserted after category 9: 9a. Potato spirit (a) Potato spirit is a spirit drink produced exclusively by the alcoholic fermentation and distillation of potato tubers to less than 94.8% vol. so that the distillate has the aroma and taste of the raw materials. (b) The maximum methanol content of potato spirit shall be 1000 grams per hectolitre of 100% vol. alcohol. (c) The minimum alcoholic strength by volume of potato spirit shall be 38%. (d) No addition of alcohol, diluted or not, shall take place. (e) Potato spirit shall not be flavoured. (f) Potato spirit may only contain added caramel as a means of adjusting the colour. (g) Potato spirit may be sweetened in order to round off the final taste. However, the final product may not contain more than 10 grams of sweetening products per litre, expressed as invert sugar.
Amendment 798 #
Proposal for a regulation
Article 83 – paragraph 1 c (new)
Article 83 – paragraph 1 c (new)
Regulation (EU) 2019/787
Annex I
Annex I
1c (new). In Annex I, the following category 13a is inserted after category 13: 13a. Bread spirit (a) Bread spirit is a spirit drink produced exclusively by the alcoholic fermentation and distillation of fresh bread to less than 86% vol. so that the distillate has the aroma and taste of the raw materials. (b) The minimum alcoholic strength by volume of bread spirit shall be 38%. (c) No addition of alcohol, diluted or not, shall take place. (d) Bread spirit shall not be flavoured. (e) Bread spirit may only contain added caramel as a means of adjusting the colour. (f) Bread spirit may be sweetened in order to round off the final taste. However, the final product may not contain more than 20 grams of sweetening products per litre, expressed as invert sugar.