Activities of Sergey LAGODINSKY related to 2022/0089(COD)
Legal basis opinions (0)
Amendments (34)
Amendment 41 #
Proposal for a regulation
Recital 5
Recital 5
(5) Citizens and consumers in the Union increasingly demand quality as well as traditional products. They are also concerned to maintain the diversity 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. Citizens and consumers should expect that any geographical indication and quality schemes is backed-up with robust verification and control systems, regardless of whether the products originate from the EU or a third country.
Amendment 49 #
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 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. This register should enable easy access to the product specifications behind each geographical indication and quality schemes, regardless of whether they are from the EU or third- countries, including those recognised via trade agreements or via the mechanism foreseen in the Geneva Act
Amendment 55 #
Proposal for a regulation
Recital 25
Recital 25
(25) The relationship between internet domain names and protection of geographical indications should be clarified as regards the scope of the application of the remedy measures, the recognition of geographical indications in dispute resolution, and the fair use of domain names. Persons having a legitimate interest on The holders of a geographical indication applied for registration before the registration of the domain name or a producer group having a legitimate interest in it, should be empowered to request for the revocation or the transfer of the domain name in case of conflict. In case of conflicts on domain names with non-EU Country-codes, or with EU country codes concerning non-EU Geographical Indications, the dispute settlement should be conducted by EUIPO in cooperation with the international dispute settlement systems already in place, such as the ones managed by WIPO and ICANN.
Amendment 59 #
Proposal for a regulation
Recital 31
Recital 31
(31) The added value of the geographical indications is based on consumer trust. The system of geographical indications significantly relies on self-control, due diligence and individual responsibility of producers, while it is the role of the competent authorities of the Member States to take the necessary steps to prevent or stop the use of names of products, which are in breach of the rules governing geographical indications. The role of the Commission is to intervene in case of a systemic failure to apply Union law. Geographical indications should be subject to the system of official controls, in line with the principles set out in Regulation (EU) 2017/625 of the European Parliament and of the Council30 , which should include a system of controls at all stages of production, processing and distribution. Each operator should be subject to a control system that verifies compliance with the product specification. Taking into account that wine is subject to specific controls defined in the sectoral legislation, this Regulation should lay down controls for spirit drinks and agricultural products only. Any EU consumer should likewise be able to access the product specifications of all recognised geographical indications and quality schemes in the EU, including those recognised via a trade agreement or via the multilateral recognition system by the Geneva Act. _________________ 30 OJ L 95, 7.4.2017, p. 1.
Amendment 65 #
Proposal for a regulation
Recital 37
Recital 37
(37) Taking into account that a product designated by the geographical indication produced in one Member State might be sold in another Member State, administrative assistance between Member States and with third-countries should be ensured to allow effective controls and its practicalities should be laid down.
Amendment 89 #
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 agreementsstablishment and management of an alert system informing applicants about the availability of their geographical indication as a domain name; 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 97 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The Commission shall be a joint controller within the meaning of Regulation (EU) 2018/1725 in relation to the processing of personal data in the procedure it is competent for in accordance with Regulation (EU) 2019/787, Commission Delegated Regulation (EU) 2021/123542 and this Regulation. _________________ 42 Commission Delegated Regulation (EU) 2021/1235 of 12 May 2021 supplementing Regulation (EU) 2019/787 of the European Parliament and of the Council with rules concerning applications for registration of geographical indications of spirit drinks, amendments to product specifications, cancellation of the registration and the register (OJ L 270, 29.7.2021, p. 1).
Amendment 98 #
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. The competent authorities of the Member States shall be joint controllers within the meaning of Regulation (EU) 2016/679 in relation to the processing of personal data in the procedures they are competent for in accordance with Regulation (EU) 2019/787, Delegated Regulation (EU) 2021/1235 and this Regulation.
Amendment 99 #
Proposal for a regulation
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3 a. The joint controllers referred to in paragraphs 1 and 2 shall in a transparent manner determine their respective responsibilities for compliance with the obligations under, respectively, the EUDPR and the GDPR by means of an arrangement between them in accordance with Article 28 EUDPR and Article 26 GDPR.
Amendment 120 #
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. The sustainability undertakings referred to in paragraph 1 shall be without prejudice to requirements for compliance with hygiene, safety standards and, competition rules and the undertaking’s sustainability reporting under Directive 2021/0104 (CSRD).
Amendment 150 #
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
Amendment 187 #
Proposal for a regulation
Article 19 – paragraph 10
Article 19 – paragraph 10
10. The Commission shall be empowered to adopt delegated acts, in accordance with Article 84 supplementing this Regulation by detailed procedures and deadlines for the opposition procedure, for the official submission of comments by national authorities and persons with a legitimate interest, which will not trigger the opposition procedure and by rules on entrusting its tasks set out in this Article to EUIPO.
Amendment 190 #
Proposal for a regulation
Article 19 – paragraph 10 a (new)
Article 19 – paragraph 10 a (new)
10 a. The EUIPO shall support the Commission in providing technical assistance in opposition procedures;
Amendment 210 #
Proposal for a regulation
Article 23 – paragraph 1 a (new)
Article 23 – paragraph 1 a (new)
1 a. The Union register as referred to in paragraph 1 shall be developed, kept up-to-date and maintained by the EUIPO for the management of geographical indications protected under this Regulation.
Amendment 227 #
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. Where a producer group has been recognised by the national authorities or by an authority of a third country in accordance with Article 33, that group shall be identified as the rights' holder of the geographical indication in the Union register of geographical indications and in the official extract referred to in paragraph (1).
Amendment 244 #
Proposal for a regulation
Article 25 – paragraph 5
Article 25 – paragraph 5
5. A standard amendment shall be considered as a temporary amendment when it concerns a temporary change in the product specification resulting from the imposition of obligatory sanitary and phytosanitary measures by the public authorities or the consequences of an extraodinary geopolitical event a temporary amendment necessary because of a natural disaster or , adverse weather conditions formally recognised by the competent authorities.
Amendment 248 #
Proposal for a regulation
Article 25 – paragraph 6
Article 25 – paragraph 6
6. Union amendments shall be assessed and approved by the Commission. The approval procedure shall follow, mutatis mutandis, the procedure laid down from Article 8 to Article 22.
Amendment 261 #
Proposal for a regulation
Article 25 – paragraph 10
Article 25 – paragraph 10
Amendment 271 #
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. Or.
Amendment 276 #
Proposal for a regulation
Article 26 – paragraph 5 a (new)
Article 26 – paragraph 5 a (new)
5 a. The registration of the name by either the original applicants or by another person on the market and or its protection under another intellectual property right shall be prohibited for a period of at least 10 years following the date of cancellation of a geographical indication.
Amendment 283 #
Proposal for a regulation
Article 26 – paragraph 6
Article 26 – paragraph 6
Amendment 329 #
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 and consumer groups, 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, in particular via rules enabling the producer members to scrutinise democratically their organisation and its decisions as well as its accounts and budgets, and that all producers of the product designated by the geographical indication enjoy right of membership in the group. Member States mayshall provide that public officials, and other stakeholders such as consumer groups, retailers and suppliers, also participate in the works of the producer group.
Amendment 335 #
Proposal for a regulation
Article 32 – paragraph 2 – point c
Article 32 – paragraph 2 – point c
(c) agree sustainability undertakings, complementary and contributing to producers' agroecological strategies to combat climate change, 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 337 #
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. Upon a request of producer groups fulfilling the conditions of paragraph 3s 2 and 3 of this Article, Member States shall designate, in accordance with their national law, one producer group as recognised producer group for each geographical indication originating in their territory that is registered or is subject to an application for registration or for product names that are a potential subject for application for registration.
Amendment 344 #
Proposal for a regulation
Article 33 – paragraph 4
Article 33 – paragraph 4
4. The powers and responsibilities referred to in Article 32 paragraph 2 shall be subject to a prior agreement concluded between at least two-thirds of the producers of the product designated by a geographical indication, accounting for at least two- thirds of the production of that product in the geographical area referred to in the product specification.
Amendment 346 #
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. Country-code top-level domain name registries established in the Union may, upon the request of a natural or legal person having a legitimate interest or rightsbeing the rights-holder of a geographical indication or being mandated by a producer group having a legitimate interest in a protected geographical indication, revoke or transfer a domain name registered under such country-code top- level domain to the recognised producer group of the products with the geographical indication concerned, following an appropriate alternative dispute resolution procedure or judicial procedure, if such domain name has been registered by its holder without rights or legitimate interest in the geographical indication or if it has been registered or is being used in bad faith and its use contravenes Article 27.
Amendment 351 #
Proposal for a regulation
Article 34 – paragraph 2 a (new)
Article 34 – paragraph 2 a (new)
2 a. The EUIPO shall be responsible for the establishment and management of a domain name information and alert system, that would provide the applicant, upon the submission of an application for a geographical indication, with information about the availability of the geographical indication as a domain name and, on optional basis, the registration of a domain name identical to their geographical indication.
Amendment 361 #
Proposal for a regulation
Article 35 – paragraph 2 a (new)
Article 35 – paragraph 2 a (new)
2 a. An application for the registration of a geographical indication shall be rejected where, in the light of a well- known trade mark and its reputation, the name proposed as a geographical indication is liable leads to the consumer to be mislead or deceived as to the true identity of the product.
Amendment 391 #
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 EUIPO within charge of conducting the scrutiny of 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. The Commission shall be empowered to adopt delegated acts in accordance with Article 84 supplementing this Regulation by rules on entrusting EUIPO to give technical assistance to the Commission in conducting such scrutiny.
Amendment 395 #
Proposal for a regulation
Article 46 – paragraph 1 a (new)
Article 46 – paragraph 1 a (new)
All geographical indications and quality schemes originating in third countries should be backed-up by an equivalent level of verification of compliance and scrutiny to the level applicable to products originating in the EU, regardless of the specific process that has been followed to register or recognise them in the EU.
Amendment 403 #
Proposal for a regulation
Article 47 – paragraph 1 – point a
Article 47 – paragraph 1 – point a
Amendment 408 #
Proposal for a regulation
Article 47 – paragraph 1 – point d a (new)
Article 47 – paragraph 1 – point d a (new)
(d a) access to information on the Union register of geographical indications, and
Amendment 420 #
Proposal for a regulation
Article 57 – paragraph 1
Article 57 – paragraph 1
1. Applications for the registration of a traditional speciality guaranteed may only be submitted by groups of producers of products with the name to be protected. Several groups from different Member States or third countries may lodge a joint application for registration. Other interested parties, including regional or local public bodies and regional or local consumer groups, may help in the preparation of the application and in the related procedure.
Amendment 435 #
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 46, 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.