76 Amendments of Marion WALSMANN related to 2022/0089(COD)
Amendment 46 #
(11) The Union has for some time been aiming at simplifying the regulatory framework of the Common Agricultural Policy. This approach should also apply to regulations in the field of geographical indications, without calling into question the specific characteristics of each sector. In order to simplify the lengthy registration and amendment procedures, harmonised procedural rules for geographical indications for wine, spirit drinks and agricultural products should be laid down in a single legal instrument, while maintaining product specific provisions for wine in Regulation (EU) No 1308/2013, for spirit drinks in Regulation (EU) 2019/787 and for agricultural products in this Regulation. The procedures for the registration, amendments to the product specification and cancellation of the registration in respect of geographical indications originating in the Union, including opposition procedures, should be carried out by the Member States and the CommissionEUIPO. The Member States and the CommissionEUIPO should be responsible for distinct stages of each procedure. Member States should be responsible for the first stage of the procedure, which consists of receiving the application from the producer group, assessing it, including running a national opposition procedure, and, following the results of the assessment, submitting the application to the Commission. The CommissionEUIPO. The EUIPO should be responsible for scrutinisexamining the application in the second stage of the procedure, including running a worldwide opposition procedure, and taking a decision on granting the protection to the geographical indication or not. Geographical indications should be registered only at Union level. However, with effect from the date of application with the CommissionEUIPO for registration at Union level, Member States should be able to grant transitional protection at national level without affecting the internal market or international trade. The protection afforded by this Regulation upon registration should be equally available to geographical indications of third countries that meet the corresponding criteria and that are protected in their country of origin. The CommissionEUIPO should carry out the corresponding procedures for geographical indications originating in third countries.
Amendment 48 #
Proposal for a regulation
Recital 13
Recital 13
(13) To ensure coherent decision- making as regards applications for protection and judicial challenges against them, submitted in the national procedure, the CommissionEUIPO should be informed in a timely and regular manner when procedures are launched before national courts or other bodies concerning an application for registration forwarded by the Member State to the CommissionEUIPO and of their final results. For the same reason, where a Member State considers that a national decision on which the application for protection is based is likely to be invalidated as a result of national judicial proceedings, it should inform the CommissionEUIPO of that assessment. If the Member State requests the suspension of the scrutiny of an application at Union level, the CommissionEUIPO should be exempted from the obligation to meet the deadline for scrutiny established therein. In order to protect the applicant from vexatious legal actions and to preserve the applicant’s right to secure the protection of a name within a reasonable time, the exemption should be limited to cases in which the application for registration has been invalidated at national level by an immediately applicable but not final judicial decision or in which the Member State considers that the action to challenge the validity of the application is based on valid grounds.
Amendment 52 #
Proposal for a regulation
Recital 15
Recital 15
(15) To ensure transparency and uniformity across Member States, itEUIPO is necessary to establish and maintain an electronic Union register of geographical indications, registered as protected designations of origin or protected geographical indications. The register should provide information to consumers and to those involved in trade. The register should be an electronic database stored within an information system, and should be accessible to the public.
Amendment 60 #
Proposal for a regulation
Recital 32
Recital 32
(32) In order to ensure that they are impartial and effective, the competent authorities designated to perform the verification of the compliance with the product specification should meet a number of operational criteria. The authorities should have at their disposal sufficient qualified staff and resources in order to efficiently carry out their functions. Provisions on delegating some competences of performing specific control tasks to product certification bodies should be envisaged to facilitate the task of the control authorities and make the system more effective.
Amendment 63 #
Proposal for a regulation
Recital 35
Recital 35
(35) Enforcement of geographical indications in the marketplace is important to prevent fraudulent and deceptive practices thus ensuring that producers are properly rewarded for the added value of their products bearing a geographical indication and that illegal users of those geographical indications are prevented from selling their products. Controls should be carried out based on risk assessment or notifications from operators, and appropriate administrative and judicial steps should be taken to prevent or stop the use of names on products or services that contravene the protected geographical indications.
Amendment 71 #
Proposal for a regulation
Recital 39
Recital 39
(39) The procedures for registration, amendment and cancellation of geographical indications, including the scrutinyexamination and the opposition procedure, should be carried out in the most efficient way. This can be achieved by using the assistance for the scentrustiny of the applications provided byg those tasks to the European Union Intellectual Property Office (EUIPO). While a partial outsourcing to EUIPO has been considerThe EUIPO has already proved, 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 specifo have necessary expertise and capability to carry out those taks in an efficient way which does not neglect the fact that geographical indiciaties of wine, spirit drinks and agricultural products are adequately assessedons are also rural and agricultural development tools .
Amendment 78 #
Proposal for a regulation
Recital 40 a (new)
Recital 40 a (new)
Amendment 83 #
Proposal for a regulation
Recital 52
Recital 52
(52) The procedures for the registration, amendments to the product specification and the cancellation of the registration in respect of traditional specialities guaranteed originating in the Union, including opposition procedures, should be carried out by the Member States and the CommissionEUIPO. The Member States and the CommissionEUIPO should be responsible for distinct stages of each procedure. Member States should be responsible for the first stage of the procedure, which consists of receiving the application from the producer group, assessing it, including running a national opposition procedure, and, following the results of the assessment, submitting the Union application to the Commission. The CommissionEUIPO. The EUIPO should be responsible for scrutinisexamining the application, including running a worldwide opposition procedure, and taking a decision on granting the traditional specialities guaranteed protection or not. The protection afforded by this Regulation upon registration should be equally available to traditional specialities guaranteed of third countries that meet the corresponding criteria and that are protected in their country of origin. The CommissionEUIPO should also carry out the corresponding procedures for traditional specialities guaranteed originating in third countries.
Amendment 103 #
Proposal for a regulation
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
(d) efficient and user-friendly registration of geographical indications through a digital system and taking into account the appropriate protection of intellectual property rights; and
Amendment 105 #
(e) effective enforcement and marketing throughout the Union and in electronic commerce ensuring the integrity of and fair competition in the internal market.
Amendment 129 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. A Union application for the registration of a geographical indication shall be submitted to the CommissionEUIPO electronically, through a digital system. The digital system shall have the capacity to allow the submission of applications to national authorities of a Member State, and to be used by the Member State in its national procedure.
Amendment 130 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Where the application for registration relates to a geographical area outside the Union, the application shall be submitted to the CommissionEUIPO, either directly or via the authorities of the third country concerned. The digital system, referred to in paragraph 1, shall have the capacity to allow submission of applications by an applicant producer group established outside the Union and by national authorities in the third country concerned.
Amendment 131 #
Proposal for a regulation
Article 17 – title
Article 17 – title
Amendment 133 #
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. The Commission shall scrutinisEUIPO shall examine any application for registration that it receives pursuant to Article 16(1). Such scrutinyexamination shall consist of a check that: (a) there are no manifest errors, that(b) the information provided in accordance with Article 15 is complete; and that(c) the single document referred to in Article 13, which they help drafting in case the applicant is a micro or small or medium sized enterprise, is precise and technical in nature. ItThe examination 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 140 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Scrutiny should not exceed a peThe examination should be carrioed ofut in 6 months. In the event that the scrutinyexamination period exceeds or is likely to exceed 6 months the CommissionEUIPO shall inform the applicant of the reasons for the delay in writing.
Amendment 141 #
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. The CommissionEUIPO may seek supplementary information from the competent authority or the applicant.
Amendment 142 #
Proposal for a regulation
Article 17 – paragraph 3 a (new)
Article 17 – paragraph 3 a (new)
3 a. Where, based on the examination carried out pursuant to paragraph 1, the EUIPO finds that the application is incomplete or incorrect, the EUIPO shall send its observations to the Member State or in case of third country applications, to the relevant applicant or competent authority that has submitted the Union application, from where that application originates and request to complete or to correct the application within 60 days. If the Member State, or in case of third country applications, the relevant applicant or competent authority, does not complete the application within the deadline, the application shall be suspended and the EUIPO shall inform the applicant that the application will be rejected if not completed or corrected within the following 14 days.
Amendment 144 #
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. Where, based on the scrutinyexamination carried out pursuant to paragraph 1, the CommissionEUIPO 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 UnUnion register of geographical indications the single document and the reference to the publication of the product specification.
Amendment 152 #
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
Amendment 155 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Member States shall keep the Commission informedThe competent authority of the Member States shall immediately inform the EUIPO of any national administrative or judicial proceedings that may affect the registration of a geographical indication.
Amendment 159 #
Proposal for a regulation
Article 18 – paragraph 2 – introductory part
Article 18 – paragraph 2 – introductory part
2. The CommissionEUIPO shall be exempted from the obligation to meet the deadline to perform the scrutinyexamination referred to in Article 17(2) and to 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 160 #
Proposal for a regulation
Article 18 – paragraph 2 – point a
Article 18 – paragraph 2 – point a
(a) informs the CommissionEUIPO that the decision referred to in Article 9(6) has been invalidated at national level by an immediately applicable but not final judicial decision; or
Amendment 161 #
Proposal for a regulation
Article 18 – paragraph 2 – point b
Article 18 – paragraph 2 – point b
(b) requests the CommissionEUIPO to suspend the scrutinyexamination because national administrative or judicial proceedings have been initiated to challenge the validity of the application and the Member State considers that those proceedings are based on valid grounds.
Amendment 162 #
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. The exemption set out in paragraph 2 shall have effect until the CommissionEUIPO is informed by the competent authority of the Member State that the original application has been restored or that the Member State withdraws its request for suspension.
Amendment 163 #
Proposal for a regulation
Article 18 – paragraph 4
Article 18 – paragraph 4
4. If the application has been invalidated by a final decision taken by a national court, the competent authority of the Member State shall consider appropriate action such as withdrawal or modification of the Union application for registration, as necessary.
Amendment 165 #
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 Unpublication of the single document and the reference to the product specification pursuant to Article 17(4), in the Union register of geographical indication the authorities of a Member State or of a third country, or a natural or legal person having a legitimate interest, established or resident in a third country, may lodge an opposition or a notice of comment with the Commissionwith the EUIPO.
Amendment 167 #
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 170 #
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
4. The CommissionEUIPO shall check the admissibility of the opposition. If the CommissionEUIPO considers that the opposition is admissible, it shall, within 5 months from the date of publication in the Official Journal of the European Un30 days after the receipt of that opposition, 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 CommissionEUIPO may, at the request of the authority or the applicant producer group, extend the deadline for the consultations by a maximum of 3 months. The EUIPO shall offer mediation for the consultations between the applicant and the Union opponent pursuant to Article 170 of Regulation (EU) 2017(1001).
Amendment 175 #
Proposal for a regulation
Article 19 – paragraph 6
Article 19 – paragraph 6
6. Within 1 month from the end of the consultations referred to in paragraph (4), the applicant producer group established in the third country or the competent authoritiesy of the Member State or of the third country from which the Union application for registration was lodged shall notify the CommissionEUIPO of the result of the consultations, including all the information exchanged, whether agreement was reached with one or all of the opponents, and of any consequent changes to the application for registration. The authority or person that lodged an opposition to the CommissionEUIPO may also notify the CommissionEUIPO of its position at the end of the consultations.
Amendment 177 #
Proposal for a regulation
Article 19 – paragraph 9
Article 19 – paragraph 9
Amendment 181 #
Proposal for a regulation
Article 19 – paragraph 10
Article 19 – paragraph 10
Amendment 191 #
Proposal for a regulation
Article 20 – paragraph 1 – introductory part
Article 20 – paragraph 1 – introductory part
1. An opposition lodged in accordance with Article 19 shall be admissible only if the opponent demonstrates that: it contains a declaration that the application could infringe the conditions laid down in paragraph 2 of this Article and give justification in a reasoned statement of opposition. An opposition that does not contain the reasoned statement of opposition shall be void and therefore rejected. 2. An opposition shall be based on one or more of the following grounds for opposition:
Amendment 192 #
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; or
Amendment 194 #
Proposal for a regulation
Article 20 – paragraph 1 – point c
Article 20 – paragraph 1 – point c
(c) the registration of the proposed geographical indication would jeopardise the existencbe detrimental to the use of, an identirely or partly identical name or of acal or similar name or of a registered or unregistered trade mark or the existencuse of products which have been legally on the market for at least 5 years preceding the date of the publication provided for in Article 17(4) .
Amendment 196 #
Proposal for a regulation
Article 20 a (new)
Article 20 a (new)
Article 20 a Notice of comments procedure 1. In order to correct inaccuracies in an ongoing registration procedure for a geographical indication, a competent authority of a Member State or of a third country, or a natural or legal person having a legitimate interest and established or resident in a third country or in another Member State may lodge a notice of comment with the EUIPO within three months of the date of publication of the single document and the product specification reference in the Union register. 2. The notice of comment referred to in paragraph 1 shall not be based on the grounds for opposition referred to in Article 20. The competent authority or person that lodges a notice of comment shall not be considered to be a party to the procedure. 3. The EUIPO shall share the notice of comment with the applicant and shall take the notice of comment into consideration when deciding on the application of the registration, unless it is unclear or obviously incorrect. 4. In order to facilitate the management of the notice of comment procedure, the Commission may adopt implementing acts laying down rules on the submission of such notice of comments and specifying their format and online presentation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 53 (2).
Amendment 201 #
Proposal for a regulation
Article 22 – title
Article 22 – title
Amendment 202 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. After completion of the opposition procedure, the EUIPO shall finalise its examination, taking into account any provisional periods, the outcome of any opposition procedure, any notice of comments received and any other matters that come to light in the course of the examination that may give rise to a change in the single document. Where, on the basis of the information available to the Commission from the scrutinyEUIPO from the examination carried out pursuant to Article 17, the CommissionEUIPO considers that any of the requirements referred thereino in that Article is not fulfilled, it shall adopt implementing actsa decision rejecting the application for registration. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 53(2).
Amendment 204 #
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. Where ithe application meets the requirements laid down in Article 15 and the EUIPO receives no admissible and grounded opposition, the CommissionEUIPO shall adopt implementing acts, without applying the procedure referred to in Article 53(2),a decision registering the geographical indication. The CommissionEUIPO may take in to account the notices of comments received in accordance with Article 19(1).20a new
Amendment 205 #
Proposal for a regulation
Article 22 – paragraph 3 – introductory part
Article 22 – paragraph 3 – introductory part
3. Where it receives an admissible opposition, the CommissionEUIPO shall, following the consultations referred to in Article 19(4) and taking into account the results thereof,
Amendment 206 #
Proposal for a regulation
Article 22 – paragraph 3 – point a
Article 22 – paragraph 3 – point a
(a) adopt implementing act registering the geographical indication without applying the procedure referred to in Article 53(2), if an agreement has been reached, after checking that the agreement complies with Union law, and, if necessary, amend the information published pursuant to Article 17(4) provided that such amendments are not substantial; or
Amendment 207 #
Proposal for a regulation
Article 22 – paragraph 3 – point b
Article 22 – paragraph 3 – point b
(b) adopt implementing acts decidif no agreement has been reached following on the application for registrconsultations, if an agreement has not been reached. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 53(2)the EUIPO shall examine if the opposition is grounded. On the basis of that examination, the EUIPO shall decide on the registration.
Amendment 209 #
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. The Commission shall adopt implementing acts, without applying the procedure referred to in Article 53(2), containing provisions on establishingEUIPO shall develop, keep and maintaining a publicly and easily accessible electronic register of geographical indications protected under this Regulation (the ‘Union register of geographical indications’). The register shall have three parts corresponding to geographical indications of wine, of spirit drinks and of agricultural products respectively.
Amendment 214 #
Proposal for a regulation
Article 23 – paragraph 5
Article 23 – paragraph 5
5. The Commission shall make public and regularlyin case of changes update the list of the international agreements referred to in paragraph (3) as well as the list of geographical indications protected under those agreements.
Amendment 217 #
Proposal for a regulation
Article 23 – paragraph 6
Article 23 – paragraph 6
6. The CommissionEUIPO shall retain documentation related to the registration of a geographical indication in digital or paper form for the period of validity of the geographical indication, and in case of cancellation for 10 years thereafter.
Amendment 221 #
Proposal for a regulation
Article 23 – paragraph 7
Article 23 – paragraph 7
Amendment 225 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Any person shall be able to easily download an official extract from the Union register of geographical indications that provides proof of registration of the geographical indication, and the relevant data including the date of application for the registration of the geographical indication or other priority date. This official extract may be used as an authentic certificate in legal proceedings, in a court of law, court of arbitration or similar body.
Amendment 236 #
Proposal for a regulation
Article 25 – paragraph 3 – introductory part
Article 25 – paragraph 3 – introductory part
3. An amendment shall be considered a Union amendment if it entails a changeconcerns a revision of the single document and if any of the following conditions are met:
Amendment 238 #
Proposal for a regulation
Article 25 – paragraph 3 – point a
Article 25 – paragraph 3 – point a
(a) the amendment 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 239 #
Proposal for a regulation
Article 25 – paragraph 3 – point b
Article 25 – paragraph 3 – point b
(b) the amendment risks voiding the link to the geographical area referred to in the single document; or
Amendment 240 #
Proposal for a regulation
Article 25 – paragraph 3 – point c
Article 25 – paragraph 3 – point c
(c) the amendment entails further restrictions on the marketing of the product.
Amendment 241 #
Proposal for a regulation
Article 25 – paragraph 3 a (new)
Article 25 – paragraph 3 a (new)
3 a. Union amendments shall be approved by the EUIPO. The approval procedure shall follow, mutatis mutandis, the procedure laid down from Article 8 to Article 22.
Amendment 246 #
Proposal for a regulation
Article 25 – paragraph 6
Article 25 – paragraph 6
Amendment 251 #
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 established 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 254 #
Proposal for a regulation
Article 25 – paragraph 8
Article 25 – paragraph 8
8. If an application for a Union amendment to the product specification of a registered geographical indication also includes standard amendments or temporary amendments, the Commission shall scrutinisEUIPO shall examine the Union amendment only. Any standard amendments or temporary amendments shall be deemed as not having been submitted. The scrutinyexamination of such applications shall focus on the proposed Union amendments. Where appropriate, the Commission or the Member State concerned or EUIPO may invite the applicant to modify other elements of the product specifications.
Amendment 258 #
Proposal for a regulation
Article 25 – paragraph 9
Article 25 – paragraph 9
9. Standard amendments shall be approved by Member States or third countries in whose territory the geographical area of the product concerned is located and communicated to the Commission. The CommissionEUIPO. The EUIPO shall make those amendments public.
Amendment 264 #
Proposal for a regulation
Article 25 – paragraph 10
Article 25 – paragraph 10
Amendment 268 #
Proposal for a regulation
Article 26 – paragraph 1 – introductory part
Article 26 – paragraph 1 – introductory part
1. The CommissionEUIPO may, on its own initiative or on a duly substantiated request by a Member State, a third country or any natural or legal person having a legitimate interest, adopt implementing actsdecide to cancel the registration of a geographical indication in the following cases:
Amendment 269 #
Proposal for a regulation
Article 26 – paragraph 1 – point b
Article 26 – paragraph 1 – point b
(b) where no product has been placed on the market under the geographical indication for at least sefiven consecutive years.
Amendment 272 #
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
Amendment 274 #
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
Amendment 275 #
Proposal for a regulation
Article 26 – paragraph 5
Article 26 – paragraph 5
5. Before adopting the implementing acts referred to in paragraphs 1 and 2, the Commissiondeciding to cancel the registration of the geographical indication, the EUIPO shall consult the authorities of the Member State, the authorities of the third country or, where possible, the third country producer which had originally applied for the registration of the geographical indication concerned, unless the cancellation is directly requested by those original applicants.
Amendment 281 #
Proposal for a regulation
Article 26 – paragraph 6
Article 26 – paragraph 6
Amendment 287 #
Proposal for a regulation
Article 26 a (new)
Article 26 a (new)
Article 26 a Decision by the Commission 1. Concerning applications for registration referred to in Articles 17, 18, 19, 20, 20a (new), 22, 25, 26, 46 the Commission may take over from the EUIPO, at any time before the end of the procedure, on its own initiative, on the initiative of a Member State or the EUIPO, the power to decide on the application for registration of the proposed geographical indication where such decision may jeopardise the public interest or the Union’s trade or external relations. This paragraph shall apply mutatis mutandis to the cancellation and the amendment of the product specification. 2. In situations referred to in paragraph 1 of this Article, the Commission shall adopt implementing acts on the protection of the geographical indication. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 53(2) and shall be published in the Official Journal of the European Union and in the Union register of geographical indications for craft and industrial products. 3. The EUIPO shall ensure that the Commission has access to the documents concerning the applications for registration, any amendment of the product specification and cancellation through the digital system referred to in Article 18(1) and Article 26(1).
Amendment 308 #
Proposal for a regulation
Article 27 – paragraph 5
Article 27 – paragraph 5
5. The recognised group of producers or any operatoproducer that is entitled to use the protected designation of origin or protected geographical indication shall be entitled to prevent all third parties from bringing goods, in the course of trade, into the Union without being released for free circulation there, where such goods, including packaging, come from third countries and are in breach of paragraph (1).
Amendment 324 #
Proposal for a regulation
Article 31 – title
Article 31 – title
Amendment 325 #
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
Amendment 356 #
Proposal for a regulation
Article 35
Article 35
Amendment 371 #
Proposal for a regulation
Article 38 – paragraph 2 – point b
Article 38 – paragraph 2 – point b
(b) monitoring of the use of geographical indications in the marketpla, including in electronic commerce.
Amendment 378 #
Proposal for a regulation
Article 39 – paragraph 7
Article 39 – paragraph 7
7. The costs of verification of compliance with the product specification may be borne by the operators which are subject to those controls. The Member States mayshall also contribute to those costs.
Amendment 379 #
Proposal for a regulation
Article 42 – title
Article 42 – title
Controls and enforcement of geographical indications in the marketplace
Amendment 381 #
Proposal for a regulation
Article 42 – paragraph 2
Article 42 – paragraph 2
2. The enforcement authority shall regularly carry out controls of products designated by geographical ind, based on a risk analysis and on notifications, to ensure conformity with the product specification or the single document or an equivalent to the latter.
Amendment 385 #
Proposal for a regulation
Article 42 a (new)
Article 42 a (new)
Article 42 a Self-declaration certification procedure 1. Without prejudice to Article 39, Member States shall allow a self- declaration for the verification of compliance with the product specification. The producer shall submit such self- declaration to the competent authorities referred to in Article 42 (1). 2. Member States shall allow producers to submit a self-declaration once every 3 years to the competent authorities to ensure their continuous conformity with the product specification in the market. Where the product specification is amended or changed in a way that affects the concerned product, the self- declaration shall be renewed immediately. 3. Where self-declarations are used competent authorities shall carry out random controls. In the event of breaches, Member States shall take all necessary measures to remedy the situation. 4. The Commission shall be empowered to adopt delegated acts in accordance with Article 66, amending this Regulation and introducing, where relevant, modifications to the information and requirements specified in Annex 1.
Amendment 387 #
Proposal for a regulation
Article 46 – title
Article 46 – title
Amendment 394 #
Proposal for a regulation
Article 46 – paragraph 1
Article 46 – paragraph 1
The Commission shall be empowered to adopt delegated acts in accordance with Article 84 supplementing this Regulation by rules on entrusting the EUIPO with the scrutiny ofexamination and other administrative tasks concerning third country geographical indications, other than geographical indications under the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications, proposed for protection pursuant to international negotiations or international agreements.
Amendment 399 #
Proposal for a regulation
Article 47 – paragraph 1 – introductory part
Article 47 – paragraph 1 – introductory part
1. Where tThe Commission exercises any of the empowerments provided for in this Regulation to entrust tasks to EUIPO, it shall alsoshall be empowered to adopt delegated acts in accordance with Article 84 to supplement this Regulation by criteria for monitoring performance in the execution of suchthe tasks entrusted to the EUIPO. Such criteria may include:
Amendment 413 #
Proposal for a regulation
Article 47 – paragraph 2
Article 47 – paragraph 2
2. No later than 5 years after the first delegation of any tasks to EUIPOentry into force of this Regulation, the Commission shall prepare and submit a report to the European Parliament and to the Council on the results and experience of the exercise of these tasks by EUIPO.