175 Amendments of Daniel BUDA related to 2022/0089(COD)
Amendment 39 #
Proposal for a regulation
Recital 1
Recital 1
(1) The European Green 22 Deal included the design of a fair, sustainable, healthyier 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. _________________ 22 https://ec.europa.eu/info/publications/com munication-european-green-deal_en
Amendment 40 #
Proposal for a regulation
Recital 4
Recital 4
(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 identities alive while taking into account the developments of new production methods and material which have made traditional EU products a symbol of quality.
Amendment 42 #
Proposal for a regulation
Recital 5
Recital 5
(5) Citizens and consumers in the Union increasingly demand quality as well as traditional and accessible products. They are also concerned to maintain the diversity and security 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.
Amendment 43 #
Proposal for a regulation
Recital 6
Recital 6
(6) The protection of natural persons in relation to the processing of personal data is a fundamental right. Regulation (EU) 2018/1725 of the European Parliament and of the Council23 provides rules on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data. The roles of the Commission and of the Member States in relation to the processing of personal data in the procedures they are competent for need to be clearly defined in order to ensure a high level of protection on the basis of this Regulation. Processing of personal data is lawful when it is necessary for the performance of tasks carried out in thesolely in pursuit of public interests. Procedures for registration, amendment or cancellation of geographical indications and traditional specialities guaranteed carried out in the framework of this Regulation, Regulation (EU) No 1308/2013 of the European Parliament and of the Council24 and Regulation (EU) 2019/787 of the European Parliament and of the Council25 should be properly carried out. Processing references concerning applicants in a registration, amendment or cancellation procedure, opponents, beneficiaries of transitional periods and bodies and natural persons delegated for certain official control tasks, in the context of the procedures of registration, amendment or cancellation of geographical indications and traditional specialities guaranteed, is necessary for the correct management of these procedures. In addition, those procedures have a public nature. Transparency is necessary to allow fair competition between the operators and to publicly identify the private and public economic interests linked to these procedures, while respecting the European rules in force concerning the protection of know-how and trade secrets. With a view to minimising the exposure of personal data, the documents to be submitted in the course of the relevant procedures should as far as possible avoid requirements for submission of personal data. Nonetheless, the Commission and the Member States may need to process information that contain personal data, such as personal names and contact details. Within this framework, for reasons of public interest and in accordance with Regulation (EU) 2018/1725, the Commission and the Member States should be allowed to process such personal data and to disclose or make it public when this is needed to identify applicants in a registration, amendment or cancellation procedure, opponents in an opposition procedure, beneficiaries of a transitional period granted to derogate to the protection of a registered name and bodies delegated to carry out the verification on compliance with product specification. _________________ 23 Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC, OJ L 295, 21.11.2018, p. 39–-98. 24 Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007, OJ L 347, 20.12.2013, p. 671– - 854. 25 Regulation (EU) 2019/787 of the European Parliament and of the Council of 17 April 2019 on the definition, description, presentation and labelling of spirit drinks, the use of the names of spirit drinks in the presentation and labelling of other foodstuffs, the protection of geographical indications for spirit drinks, the use of ethyl alcohol and distillates of agricultural origin in alcoholic beverages, and repealing Regulation (EC) No 110/2008, OJ L 130, 17.5.2019, p. 1–-54.
Amendment 47 #
Proposal for a regulation
Recital 13
Recital 13
(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 a timelyprompt 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 considershas 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 considershas reason to believe that the action to challenge the validity of the application is based on valid grounds.
Amendment 50 #
Proposal for a regulation
Recital 15
Recital 15
(15) To ensure transparency and uniformity across Member States, it is necessary to establish and maintain an single 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, in compliance with the EU rules in force on the protection of know-how and trade secrets. The register should be an electronic database stored within an secure information system, and should be accessible to the public.
Amendment 53 #
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19a) The inclusion in the details of geographical indications of aspects relating to the three main types of sustainability - economic, social and environmental - must be a matter solely for the producer.
Amendment 54 #
Proposal for a regulation
Recital 23
Recital 23
(23) Producer groups, as defined in Member States' national legislation, 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.
Amendment 56 #
Proposal for a regulation
Recital 26
Recital 26
(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.
Amendment 61 #
Proposal for a regulation
Recital 35
Recital 35
(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 proportional 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.
Amendment 66 #
Proposal for a regulation
Recital 39
Recital 39
(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 wshould 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.
Amendment 79 #
Proposal for a regulation
Recital 44
Recital 44
(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.
Amendment 80 #
Proposal for a regulation
Recital 47
Recital 47
(47) To ensure transparency, the traditional specialities guaranteed should be entered in the single register provided for in this Regulation.
Amendment 81 #
Proposal for a regulation
Recital 48
Recital 48
(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 athe 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.
Amendment 82 #
Proposal for a regulation
Recital 50
Recital 50
(50) In order not to mislead the consumers,consumers and to provide them with accurate information, the registered traditional specialities guaranteed should be protected against any misuse or, imitation or counterfeiting, including as regards products used as ingredients, or against any other practice liable to mislead the 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.
Amendment 84 #
Proposal for a regulation
Recital 55
Recital 55
Amendment 91 #
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 92 #
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, in terms of naming, 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 93 #
Proposal for a regulation
Article 2 – paragraph 1 – point b a (new)
Article 2 – paragraph 1 – point b a (new)
(ba) ‘tradition’, associated with a product originating in a geographical area, means a set of concepts, customs and beliefs relating to that product which have been established through time within groups of producers in that geographical area and handed down, including by word of mouth, from generation to generation, thereby constituting the specific feature of each group of producers’;
Amendment 94 #
Proposal for a regulation
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) ‘production step’ means anyeach stage of production, processing, preparation or ageing, performed up to the point where the product is in a form to bemeets all the necessary requirements for placeding on the internal market;
Amendment 95 #
Proposal for a regulation
Article 2 – paragraph 1 – point g – point ii
Article 2 – paragraph 1 – point g – point ii
Amendment 96 #
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 100 #
Proposal for a regulation
Article 4 – paragraph 1 – point b a (new)
Article 4 – paragraph 1 – point b a (new)
(ba) the fair distribution across the supply chain of added value associated with geographical indications;
Amendment 102 #
Proposal for a regulation
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
(d) efficient registration of geographical indications taking into account the uniform, appropriate and effective protection of intellectual property rights; and in the EU internal market;
Amendment 107 #
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 108 #
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 109 #
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
Amendment 110 #
Proposal for a regulation
Article 7 – paragraph 1 – point f
Article 7 – paragraph 1 – point f
(f) ‘recognised producer group’ means a formal association having legal personality andve organisation of producers recognised by the competent national authorities as the sole group to act on behalf of all producers;
Amendment 111 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Applications for the registration of geographical indications may 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 bodies or other specialist organisations may help in the preparation of the application and in the related procedure.
Amendment 112 #
(a) the person concerned is the only producer willing to submit anof the product in question on submission of the application for the registration of a geographical indication; and
Amendment 114 #
Proposal for a regulation
Article 9 – paragraph 7
Article 9 – paragraph 7
7. The Member State shall ensure that its decision, be it favourable or not, is made public and that any natural or legal person haproving a legitimate interest has an opportunity to lodge an appeal. The Member State shall also ensure that the product specification on which its favourable decision is based is published, and shall provide electronic access to the product specification.
Amendment 116 #
Proposal for a regulation
Article 11 – paragraph 1 – point a
Article 11 – paragraph 1 – point a
Amendment 117 #
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, animal health and welfare or economic 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 119 #
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 take the form of separate initiatives.
Amendment 121 #
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
Amendment 123 #
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
Amendment 124 #
Proposal for a regulation
Article 13 – paragraph 1 – point a
Article 13 – paragraph 1 – point a
Amendment 125 #
Proposal for a regulation
Article 14 – paragraph 1 – point c – point i
Article 14 – paragraph 1 – point c – point i
Amendment 126 #
Proposal for a regulation
Recital 1
Recital 1
(1) The European Green Deal22 included the design of a fair, sustainable, healthyier 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. _________________ 22 https://ec.europa.eu/info/publications/com munication-european-green-deal_en
Amendment 127 #
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The Commission shall be empowered to adopt delegated acts in accordance with Article 84 supplementing this Regulation by provisions clarifying the requirements or listing additional items of the accompanying documentation to be supplipresented.
Amendment 130 #
Proposal for a regulation
Recital 4
Recital 4
(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 EU products a symbol of quality.
Amendment 134 #
Proposal for a regulation
Recital 5
Recital 5
(5) Citizens and consumers in the Union increasingly demand quality as well as traditional and accessible products. They are also concerned to maintain the diversity and security 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.
Amendment 137 #
Proposal for a regulation
Recital 6
Recital 6
(6) The protection of natural persons in relation to the processing of personal data is a fundamental right. Regulation (EU) 2018/1725 of the European Parliament and of the Council23 provides rules on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data. The roles of the Commission and of the Member States in relation to the processing of personal data in the procedures they are competent for need to be clearly defined in order to ensure a high level of protection on the basis of this Regulation. Processing of personal data is lawful when it is necessary for the performance of tasks carried out in thesolely in pursuit of public interests. Procedures for registration, amendment or cancellation of geographical indications andof traditional specialities guaranteed carried out in the framework of this Regulation, Regulation (EU) No 1308/2013 of the European Parliament and of the Council24 and Regulation (EU) 2019/787 of the European Parliament and of the Council25 should be properly carried out. Processing references concerning applicants in a registration, amendment or cancellation procedure, opponents, beneficiaries of transitional periods and bodies and natural persons delegated for certain official control tasks, in the context of the procedures of registration, amendment or cancellation of geographical indications and traditional specialities guaranteed, is necessary for the correct management of these procedures. In addition, those procedures have a public nature. Transparency is necessary to allow fair competition between the operators and to publicly identify the private and public economic interests linked to these procedures, while respecting the European rules in force concerning the protection of know-how and trade secrets. With a view to minimising the exposure of personal data, the documents to be submitted in the course of the relevant procedures should as far as possible avoid requirements for submission of personal data. Nonetheless, the Commission and the Member States may need to process information that contain personal data, such as personal names and contact details. Within this framework, for reasons of public interest and in accordance with Regulation (EU) 2018/1725, the Commission and the Member States should be allowed to process such personal data and to disclose or make it public when this is needed to identify applicants in a registration, amendment or cancellation procedure, opponents in an opposition procedure, beneficiaries of a transitional period granted to derogate to the protection of a registered name and bodies delegated to carry out the verification on compliance with product specification. _________________ 23 Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC, OJ L 295, 21.11.2018, p. 39–98. 24 Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007, OJ L 347, 20.12.2013, p. 671– 854. 25 Regulation (EU) 2019/787 of the European Parliament and of the Council of 17 April 2019 on the definition, description, presentation and labelling of spirit drinks, the use of the names of spirit drinks in the presentation and labelling of other foodstuffs, the protection of geographical indications for spirit drinks, the use of ethyl alcohol and distillates of agricultural origin in alcoholic beverages, and repealing Regulation (EC) No 110/2008, OJ L 130, 17.5.2019, p. 1–54.
Amendment 143 #
Proposal for a regulation
Recital 12
Recital 12
(12) To contribute to the transition to a sustainable and more accessible 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. To enable this, producers must be properly informed on this matter and receive financial support by means of pre- established, specific and easily-accessible funding. These information sessions should also include 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.
Amendment 145 #
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 147 #
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
Amendment 149 #
(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 a timelyn 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 considershas 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 considershas reason to believe that the action to challenge the validity of the application is based on valid grounds.
Amendment 150 #
(15) To ensure transparency and uniformity across Member States, it is necessary to establish and maintain an single 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, in compliance with the EU rules in force on the protection of know-how and trade secrets. The register should be an electronic database stored within an secure informationcs system, and should be accessible to the public.
Amendment 156 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Member States shall keep the Commission informed without delay of any national administrative or judicial proceedings that may affect the registration of a geographical indication.
Amendment 157 #
Proposal for a regulation
Article 18 – paragraph 2 – introductory part
Article 18 – paragraph 2 – introductory part
2. The Commission shall be exempted from the obligation to meet the deadline to perform the scrutiny referred to in Article 17(2) and musto 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 157 #
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19a) The inclusion in the details of geographical indications of aspects relating to the three main types of sustainability – economic, social and environmental – must be a matter solely for the producer.
Amendment 160 #
Proposal for a regulation
Recital 23
Recital 23
(23) Producer groups, as defined in Member States’ national legislation, 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.
Amendment 163 #
Proposal for a regulation
Recital 26
Recital 26
(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.
Amendment 164 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Within 3 months from the date of publication in the Official Journal of the European Union of the single document and the reference to the product specification pursuant to Article 17(4), the authorities of a Member State or of a third country, or a natural or legal person haproving a legitimate interest, established or resident in a third country, may lodge an opposition or a notice of comment with the Commission.
Amendment 166 #
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. Any natural or legal person having a legitimate interest, established or resident in a Member State other than the one from which the Union application for registration was submitted, may lodge an opposition with the Member State, in which it is established or resident, within a time limit permitting an opposition or notice of comments to be lodged pursuant to paragraph (1).
Amendment 169 #
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, or 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 170 #
Proposal for a regulation
Recital 35
Recital 35
(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 proportional 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.
Amendment 173 #
Proposal for a regulation
Recital 39
Recital 39
(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.
Amendment 174 #
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, or Regulations (EU) No 1308/2013 or (EU) 2019/787, as appropriate.
Amendment 180 #
Proposal for a regulation
Article 19 – paragraph 10
Article 19 – paragraph 10
Amendment 182 #
Proposal for a regulation
Recital 44
Recital 44
(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.
Amendment 185 #
Proposal for a regulation
Recital 47
Recital 47
(47) To ensure transparency, the traditional specialities guaranteed should be entered in the single register provided for in this Regulation.
Amendment 186 #
Proposal for a regulation
Recital 48
Recital 48
(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 athe 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.
Amendment 187 #
Proposal for a regulation
Recital 50
Recital 50
(50) In order not to mislead the consumers and to provide them with accurate information, registered traditional specialities guaranteed should be protected against any misuse or, imitation or counterfeiting, including as regards products used as ingredients, or against any other practice liable to mislead the 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.
Amendment 190 #
Proposal for a regulation
Recital 55
Recital 55
Amendment 193 #
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 199 #
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 203 #
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. Where it receives no admissible opposition, the Commission shall adopt implementing acts, without applying the procedure referred to in Article 53(2), registering the geographical indication. The Commission may take in to account the notices of comments received in accordance with Article 19(1).
Amendment 221 #
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) ‘producer group’ means any association, irrespective of its legal form, mainly composed of producers or processors of the same productf raw materials, processors or operators involved in the production of the same product, with the legal form of the producer group conforming to the specifics of the national legislation of each Member State;
Amendment 232 #
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. A recognised producer group having a legitimate interest may apply for the approval of an amendment to the product specification of a registered geographical indication.
Amendment 234 #
Proposal for a regulation
Article 25 – paragraph 1 a (new)
Article 25 – paragraph 1 a (new)
(1a) Where there is no recognised producer group, the application referred to in paragraph (1) may be submitted by a producer group or, in exceptional and duly justified cases, by an individual producer who is the only producer having a legitimate interest.
Amendment 237 #
Proposal for a regulation
Article 25 – paragraph 3 – point a
Article 25 – paragraph 3 – point a
(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
Amendment 237 #
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, in terms of naming, 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 238 #
Proposal for a regulation
Article 2 – paragraph 1 – point b a (new)
Article 2 – paragraph 1 – point b a (new)
Amendment 240 #
Proposal for a regulation
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) ‘production step’ means anyeach stage of production, processing, preparation or ageing, performed up to the point where the product is in a form to bemeets all the necessary requirements for placeding on the internal market;
Amendment 243 #
(g) ‘generic term’ means: (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;
Amendment 249 #
Proposal for a regulation
Article 25 – paragraph 7
Article 25 – paragraph 7
7. Applications for Union amendments submitted by a third country or by, by producer groups or, in exceptional and duly justified cases, by an individual producers 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 252 #
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 256 #
Proposal for a regulation
Article 25 – paragraph 9
Article 25 – paragraph 9
9. Standard amendments shall be approvscrutinised, approved and monitored by Member States or third countries in whose territory the geographical area of the product concerned is located and communicated to the Commission. The Commission shall make those amendments public.
Amendment 257 #
Proposal for a regulation
Article 4 – paragraph 1 – point a a (new)
Article 4 – paragraph 1 – point a a (new)
(aa) a suitable return for producers in step with the qualities of their products;
Amendment 258 #
Proposal for a regulation
Article 4 – paragraph 1 – point a b (new)
Article 4 – paragraph 1 – point a b (new)
Amendment 263 #
Proposal for a regulation
Article 4 – paragraph 1 – point b a (new)
Article 4 – paragraph 1 – point b a (new)
(ba) the fair distribution across the supply chain of added value associated with geographical indications;
Amendment 267 #
Proposal for a regulation
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
(d) efficient registration of geographical indications taking into account the uniform, appropriate and effective protection of intellectual property rights; and in the EU internal market;
Amendment 276 #
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 278 #
Proposal for a regulation
Article 26 – paragraph 6
Article 26 – paragraph 6
Amendment 284 #
(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 293 #
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
Amendment 297 #
Proposal for a regulation
Article 7 – paragraph 1 – point f
Article 7 – paragraph 1 – point f
(f) ‘recognised producer group’ means a formal association having legal personality andve organisation of producers recognised by the competent national authorities as the sole group to act on behalf of all producers;
Amendment 303 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
(1) Applications for the registration of geographical indications may 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 bodies or other specialist organisations may help in the preparation of the application and in the related procedure.
Amendment 307 #
Proposal for a regulation
Article 8 – paragraph 3 – point a
Article 8 – paragraph 3 – point a
(a) the person concerned is the only producer willing to submit anof the product in question on submission of the application for the registration of a geographical indication; and
Amendment 320 #
Proposal for a regulation
Article 9 – paragraph 7
Article 9 – paragraph 7
(7) The Member State shall ensure that its decision, be it favourable or not, is made public and that any natural or legal person haproving a legitimate interest has an opportunity to lodge an appeal. The Member State shall also ensure that the product specification on which its favourable decision is based is published, and shall provide electronic access to the product specification.
Amendment 321 #
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
Amendment 322 #
Proposal for a regulation
Article 11 – paragraph 1 – point a
Article 11 – paragraph 1 – point a
Amendment 323 #
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
Amendment 326 #
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
A name shall not be registered as a geographical indication where, in the light of a trade mark's reputation and renown, the evidence is sufficient to suggest that registration of the name proposed as a geographical indication could mislead the consumer as to the true identity of the product.
Amendment 330 #
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 final processors, as specified by the national authorities 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 the geographical indication enjoy right of membership as specified by the relevant national authorities in accordance with the national legislation in force and according to the nature of the product concerned. Without prejudice to Article 32(2), the national authorities may, in accordance with national law, define 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 grouptasks, powers and responsibilities assigned to a producer group. A producer group may be set up on the initiative of a Member State.
Amendment 331 #
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, animal health and welfare or economic 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 332 #
Proposal for a regulation
Article 32 – paragraph 2 – point a
Article 32 – paragraph 2 – point a
(a) develop the product specification and manage internal controls thatactivities to ensure compliance of production steps of the product designated by the geographical indication with the said specification;
Amendment 334 #
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 338 #
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. Upon a request of a producer groups fulfilling the conditions of paragraph 3, Member States shall designate, in accordance with their national law, one producer group as recognised producer group for eacha specific geographical indication or for two or more geographical indications originating in their territory, that isare registered or isare subject to an application for registration or for product names that are a potential subject for application for registration.
Amendment 341 #
Proposal for a regulation
Article 33 – paragraph 3 a (new)
Article 33 – paragraph 3 a (new)
(3a) In negotiating international agreements, the European Commission shall consult recognised producer groups with regard to the protection of their name.
Amendment 342 #
Proposal for a regulation
Article 33 – paragraph 4
Article 33 – paragraph 4
Amendment 342 #
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 take the form of separate initiatives.
Amendment 345 #
Proposal for a regulation
Article 33 – paragraph 5
Article 33 – paragraph 5
5. In accordance with national legislation, Member States shall carry out checks in orderand take the necessary measures to ensure that the conditions laid down in paragraph 2 afor re complied with. Where the competent national authorities find that such conditions have not beengnition and operation of recognised producer groups are complied with,. Member States shall annul the decision on the recognition of the producer group. submit to the Commission the list of recognised producer groups, which shall be published and regularly updated.
Amendment 345 #
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
Amendment 350 #
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
Amendment 356 #
Proposal for a regulation
Article 13 – paragraph 1 – point a
Article 13 – paragraph 1 – point a
Amendment 362 #
Proposal for a regulation
Article 14 – paragraph 1 – point c – point i
Article 14 – paragraph 1 – point c – point i
Amendment 363 #
Proposal for a regulation
Article 37 – paragraph 1 – point a
Article 37 – paragraph 1 – point a
(a) a symbol identifying protected designations of origin of wine and of agricultural products; and
Amendment 365 #
Proposal for a regulation
Article 37 – paragraph 1 – point b
Article 37 – paragraph 1 – point b
(b) a symbol identifying protected geographical indications of wine and of agricultural products and geographical indications of spirit drinks.
Amendment 368 #
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
(2) The Commission shall be empowered to adopt delegated acts in accordance with Article 84 supplementing this Regulation by provisions clarifying the requirements or listing additional items of the accompanying documentation to be supplipresented.
Amendment 373 #
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
1. Member States shall draw up and keep up to regularly update a list of producers of products designated by a geographical indication entered in the Union register of geographical indications originating in their territory.
Amendment 374 #
Proposal for a regulation
Article 39 – paragraph 2
Article 39 – paragraph 2
2. Producers are responsible for internal controls that ensureing compliance with the product specification of products designated by geographical indications before the product is placed on the market.
Amendment 376 #
Proposal for a regulation
Article 39 – paragraph 3 – introductory part
Article 39 – paragraph 3 – introductory part
3. In addition to internal controlsactions to ensure compliance referred to in paragraph 2, prior to placing on the market a product designated by a geographical indication and originating in the Union, third party verification of compliance with the product specification, shall be carried out by:
Amendment 387 #
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 389 #
Proposal for a regulation
Article 46 – paragraph 1
Article 46 – paragraph 1
Amendment 391 #
Amendment 398 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
(1) Member States shall keep the Commission informed without delay of any national administrative or judicial proceedings that may affect the registration of a geographical indication.
Amendment 402 #
Proposal for a regulation
Article 18 – paragraph 2 – introductory part
Article 18 – paragraph 2 – introductory part
(2) “The Commission shall be exempted from the obligation to meet the deadline to perform the scrutiny referred to in Article 17(2) and musto 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 403 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
(1) Within 3 months from the date of publication in the Official Journal of the European Union of the single document and the reference to the product specification pursuant to Article 17(4), the authorities of a Member State or of a third country, or a natural or legal person haproving a legitimate interest, established or resident in a third country, may lodge an opposition or a notice of comment with the Commission.
Amendment 406 #
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
(2) Any natural or legal person having a legitimate interest, established or resident in a Member State other than the one from which the Union application for registration was submitted, may lodge an opposition with the Member State, in which it is established or resident, within a time limit permitting an opposition or notice of comments to be lodged pursuant to paragraph (1).
Amendment 409 #
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, or 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 415 #
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 416 #
Proposal for a regulation
Article 48 – paragraph 7
Article 48 – paragraph 7
Amendment 418 #
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, or Regulations (EU) No 1308/2013 or (EU) 2019/787, as appropriate.
Amendment 419 #
Proposal for a regulation
Article 55 – paragraph 5
Article 55 – paragraph 5
5. The Commission shall be empowered to adopt delegated acts in accordance with Article 84 supplementing this Regulation with further details ofdetails to clarify the eligibility criteria laid down in this Article.
Amendment 421 #
Proposal for a regulation
Article 61 – paragraph 1
Article 61 – paragraph 1
1. Member States shall keep the Commission informed of any national administrative or judicial proceedings that may affect the registration of a traditional speciality guaranteed. In such a case, Member States may make a reasoned request to the Commission to suspend the examination procedure for a period of 12 months which can be renewed.
Amendment 422 #
Proposal for a regulation
Article 61 – paragraph 2
Article 61 – paragraph 2
2. The Member State shall inform the Commission without delay if the application to the Commission has been invalidated at national level by an immediately applicable but not necessarily final judicial decision. In this case, the Commission shall be exempted from the obligation to meet the deadline to perform the scrutiny referred to in Article 60(2) and musto inform the applicant of the reasons for the delay.
Amendment 423 #
Proposal for a regulation
Article 62 – paragraph 3
Article 62 – paragraph 3
3. An opposition shall claim that the application could infringe the conditions laid down in this Chapter and give pertinent and adequate reasons. An opposition that does not contain the said claim shall be void.
Amendment 424 #
Proposal for a regulation
Article 63 – paragraph 1 – point a
Article 63 – paragraph 1 – point a
(a) gives duly substantiated and pertinent reasons for the incompatibility of the proposed registration with the provisions of this Chapter; or
Amendment 425 #
Proposal for a regulation
Article 19 – paragraph 10
Article 19 – paragraph 10
Amendment 426 #
Proposal for a regulation
Article 68 – paragraph 1 – point a
Article 68 – paragraph 1 – point a
(a) where compliance with the product specification is not ensuredcomplied with;
Amendment 427 #
Proposal for a regulation
Article 69 – paragraph 4
Article 69 – paragraph 4
4. The Commission shall be empowered to adopt delegated acts in accordance with Article 84 laying down additional rules to further detail the protection of traditional specialities guaranteed.
Amendment 428 #
Proposal for a regulation
Article 81 – paragraph 1 – point 2
Article 81 – paragraph 1 – point 2
Regulation (EU) No 1308/2013
Article 10
Article 10
Amendment 429 #
Proposal for a regulation
Article 81 – paragraph 1 – point 3
Article 81 – paragraph 1 – point 3
Amendment 433 #
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 434 #
Proposal for a regulation
Article 84 – paragraph 2
Article 84 – paragraph 2
2. The power to adopt delegated acts referred to in Article 12(4), Article 14(2), Article 15(6), Article 17(5), Article 19(10), Article 23(7), Article 25(10), Article 26(6), Article 28(3), Article 29(3), Article 34(3), Article 46(1), Article 4623(7), Article 25(10), Article 34(3), Article 47(1), Article 48(6), Article 48(7), Article 49(4), Article 51(3), Article 55(5), Article 56(2), Article 73(10), Article 69(4), Article 70(2), Article 58(3), Article 62(10), Article 67(3), Article 68(6), Article 76(4), Article 77(1), Article 78(3), Article 78(4), shall be conferred on the Commission for a period of 7seven years from … [date of entry into force of this Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than 9 months before the end of the seven-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than 3 months before the end of each period.
Amendment 441 #
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
(2) Where it receives no admissible opposition, the Commission shall adopt implementing acts, without applying the procedure referred to in Article 53(2), registering the geographical indication. The Commission may take in to account the notices of comments received in accordance with Article 19(1).
Amendment 458 #
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
(1) A recognised producer group having a legitimate interest may apply for the approval of an amendment to the product specification of a registered geographical indication.
Amendment 462 #
Proposal for a regulation
Article 25 – paragraph 1 a (new)
Article 25 – paragraph 1 a (new)
(1a) Where there is no recognised producer group, the application referred to in paragraph (1) may be submitted by a producer group or, in exceptional and duly justified cases, by an individual producer who is the only producer having a legitimate interest.
Amendment 465 #
Proposal for a regulation
Article 25 – paragraph 3 – point a
Article 25 – paragraph 3 – point a
(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;
Amendment 473 #
Proposal for a regulation
Article 25 – paragraph 7
Article 25 – paragraph 7
(7) Applications for Union amendments submitted by a third country or by, by producer groups or, in exceptional and duly justified cases, by an individual producers 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 477 #
Proposal for a regulation
Article 25 – paragraph 9
Article 25 – paragraph 9
(9) Standard amendments shall be approvscrutinised, approved and monitored by Member States or third countries in whose territory the geographical area of the product concerned is located and communicated to the Commission. The Commission shall make those amendments public.
Amendment 492 #
Proposal for a regulation
Article 26 – paragraph 6
Article 26 – paragraph 6
Amendment 536 #
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
Amendment 539 #
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
Amendment 546 #
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 final processors, as specified by the national authorities 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 the geographical indication enjoy right of membership as specified by the relevant national authorities in accordance with the national legislation in force and according to the nature of the product concerned. Without prejudice to Article 32(2), the national authorities may, in accordance with national law, define 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 grouptasks, powers and responsibilities assigned to a producer group. A producer group may be set up on the initiative of a Member State.
Amendment 551 #
Proposal for a regulation
Article 32 – paragraph 2 – point a
Article 32 – paragraph 2 – point a
(a) develop the product specification and manage internal controlactivities that ensure compliance of production steps of the product designated by the geographical indication with the said specification;
Amendment 555 #
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 567 #
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
(1) Upon a request of a producer groups fulfilling the conditions of paragraph 3, Member States shall designate, in accordance with their national law, one producer group as recognised producer group for eacha specific geographical indication or for two or more geographical indications originating in their territory that isare registered or isare subject to an application for registration or for product names that are a potential subject for application for registration.
Amendment 569 #
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
(2) A producer group may be designated as recognised producer group subject to a prior agreement concluded between at least two-thirds minimum number of the producers of the product bearing a geographical indication, accounting for at least two-thirds minimum volume or value of the production of that product in the geographical area referred to in the product specification; details regarding the minimum requirements provided for in this paragraph shall be determined by the Member States. As an exception, an authority, as referred to in Article 8(2), and a single producer, as referred to in Article 8(3), shall be deemed to be a recognised producer group.
Amendment 575 #
Proposal for a regulation
Article 33 – paragraph 3 – point a a (new)
Article 33 – paragraph 3 – point a a (new)
(aa) In negotiating international agreements, the European Commission shall consult recognised producer groups with regard to the protection of their name.
Amendment 579 #
Proposal for a regulation
Article 33 – paragraph 4
Article 33 – paragraph 4
Amendment 581 #
Proposal for a regulation
Article 33 – paragraph 5
Article 33 – paragraph 5
(5) In accordance with national legislation, Member States shall carry out checks and take the necessary measures in order to ensure that the conditions laid down in paragraph 2 afor re complied with. Where the competent national authorities find that such conditions have not beengnition and operation of recognised producer groups are complied with,. Member States shall annul the decisubmit to the Commission on the recognition of the producer grouplist of recognised producer groups, which shall be published and regularly updated.
Amendment 600 #
Proposal for a regulation
Article 37 – paragraph 1 – point a
Article 37 – paragraph 1 – point a
(a) a symbol identifying protected designations of origin of wine and of agricultural products; and
Amendment 603 #
Proposal for a regulation
Article 37 – paragraph 1 – point b
Article 37 – paragraph 1 – point b
(b) a symbol identifying protected geographical indications of wine and of agricultural products and geographical indications of spirit drinks.
Amendment 605 #
Proposal for a regulation
Article 37 – paragraph 2 a (new)
Article 37 – paragraph 2 a (new)
(2a) Regarding the products indicated in paragraph (2), where the country of origin of a primary ingredient is not the same as the country of origin of the geographical indication, reference shall be made to the Member States or third countries concerned.
Amendment 617 #
Proposal for a regulation
Article 37 – paragraph 7
Article 37 – paragraph 7
Amendment 628 #
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
(1) Member States shall draw up and keep up to regularly update a list of producers of products designated by a geographical indication entered in the Union register of geographical indications originating in their territory.
Amendment 633 #
Proposal for a regulation
Article 39 – paragraph 2
Article 39 – paragraph 2
(2) Producers are responsible for internal controls that ensureing compliance with the product specification of products designated by geographical indications before the product is placed on the market.
Amendment 634 #
Proposal for a regulation
Article 39 – paragraph 3 – introductory part
Article 39 – paragraph 3 – introductory part
(3) In addition to internal controlsactions to ensure compliance referred to in paragraph 2, prior to placing on the market a product designated by a geographical indication and originating in the Union, third party verification of compliance with the product specification, shall be carried out by:
Amendment 661 #
Proposal for a regulation
Article 46
Article 46
Amendment 687 #
Proposal for a regulation
Article 48 – paragraph 3 – point a
Article 48 – paragraph 3 – point a
Amendment 691 #
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 694 #
Proposal for a regulation
Article 48 – paragraph 7
Article 48 – paragraph 7
Amendment 713 #
Proposal for a regulation
Article 55 – paragraph 5
Article 55 – paragraph 5
(5) The Commission shall be empowered to adopt delegated acts in accordance with Article 84 supplementing this Regulation with further details ofdetails clarifying the eligibility criteria laid down in this Article.
Amendment 720 #
Proposal for a regulation
Article 61 – paragraph 1
Article 61 – paragraph 1
(1) Member States shall keep the Commission informed of any national administrative or judicial proceedings that may affect the registration of a traditional speciality guaranteed. In such a case, Member States may submit a reasoned request to the Commission to suspend the examination procedure for a period of 12 months which can be renewed.
Amendment 721 #
(2) The Member State shall inform the Commission without delay if the application to the Commission has been invalidated at national level by an immediately applicable but not necessarily final judicial decision. In this case, the Commission shall be exempted from the obligation to meet the deadline to perform the scrutiny referred to in Article 60(2) and musto inform the applicant of the reasons for the delay.
Amendment 722 #
Proposal for a regulation
Article 62 – paragraph 3
Article 62 – paragraph 3
(3) An opposition shall claim that the application could infringe the conditions laid down in this Chapter and give pertinent and adequate reasons. An opposition that does not contain the said claim shall be void.
Amendment 723 #
Proposal for a regulation
Article 63 – paragraph 1 – point a
Article 63 – paragraph 1 – point a
(a) gives duly substantiated and pertinent reasons for the incompatibility of the proposed registration with the provisions of this Chapter; or
Amendment 726 #
Proposal for a regulation
Article 68 – paragraph 1 – point a
Article 68 – paragraph 1 – point a
(a) where compliance with the product specification is not ensuredcomplied with;
Amendment 727 #
Proposal for a regulation
Article 69 – paragraph 4
Article 69 – paragraph 4
(4) The Commission shall be empowered to adopt delegated acts in accordance with Article 84 laying down additional rules to further detail the protection of traditional specialities guaranteed.
Amendment 748 #
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 762 #
Proposal for a regulation
Article 81 – paragraph 1 – point 3
Article 81 – paragraph 1 – point 3
Amendment 799 #
Proposal for a regulation
Article 84 – paragraph 2
Article 84 – paragraph 2
(2) The power to adopt delegated acts referred to in Article 12(4), Article 14(2), Article 15(6), Article 17(5), Article 19(10), Article 23(7), Article 25(10), Article 26(6), Article 28(3), Article 29(3), Article 34(3), Article 46(1), Article 4623(7), Article 25(10), Article 34(3), Article 47(1), Article 48(6), Article 48(7), Article 49(4), Article 51(3), Article 55(5), Article 56(2), Article 73(10), Article 69(4), Article 70(2), Article 58(3), Article 62(10), Article 67(3), Article 68(6), Article 76(4), Article 77(1), Article 78(3), Article 78(4), shall be conferred on the Commission for a period of 7 years from … [date of entry into force of this Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than 9 months before the end of the seven-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than 3 months before the end of each period.