9 Amendments of Marlene MORTLER 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 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 630 #
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
(1) Member States shall draw up and keep up to date a list of producers of products designated by a geographical indication entered in the Union register of geographical indications originating in their territory.; the Member States may publish the list (on the internet for instance);
Amendment 631 #
Proposal for a regulation
Article 39 – paragraph 1 a (new)
Article 39 – paragraph 1 a (new)
(1a) Producers of products with geographical indications that are entered in the Union register of geographical indications shall be required to register with the competent authorities or product certification bodies referred to in paragraph 3 for the purposes of checking the products before they are offered for sale for the first time;
Amendment 730 #
Proposal for a regulation
Article 72 – paragraph 1 a (new)
Article 72 – paragraph 1 a (new)
(1a) Member States shall draw up a list of producers of guaranteed traditional specialities that are entered on the Union register of geographical indications. The Member States may publish the list (on the internet for instance);
Amendment 731 #
Proposal for a regulation
Article 72 – paragraph 1 b (new)
Article 72 – paragraph 1 b (new)
(1b) Producers of guaranteed traditional specialities that are entered in the Union register of geographical indications shall be required to register with the relevant authorities or product certification bodies in accordance with Article 73(2) for the purposes of checking the products before they are offered for sale for the first time;