Activities of Marek BELKA related to 2022/0089(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council on European Union geographical indications for wine, spirit drinks and agricultural products, and quality schemes for agricultural products, amending Regulations (EU) No 1308/2013, (EU) 2017/1001 and (EU) 2019/787 and repealing Regulation (EU) No 1151/2012
Amendments (44)
Amendment 9 #
Proposal for a regulation
Recital 9
Recital 9
(9) Ensuring uniform recognition and protection throughout the Union for the intellectual property rights related to names protected in the Union is a priority that can be effectively achieved only at Union level. Geographical indications protecting the names of wines, spirit drinks and agricultural products having characteristics, attributes or reputation linked to their place of production are an exclusive Union’s competence. A unitary and exclusive system of geographical indications therefore needs to be provided. Geographical indications are a collective right held by all eligible producers in a designated area willing to adhere to a product specification. Producers acting collectively have more powers than individual producers and take collective responsibilities to manage their geographical indications, including responding to societal demands for products resulting from sustainable production. Operating geographical indications reward producers fairly for their efforts to produce a diverse range of quality products. At the same time, this can benefit the rural economy, which is particularly the case in areas with natural or other specific constraints, such as mountain areas and the most remote regions, where the farming sector accounts for a significant part of the economy and production costs are high. In this way, quality schemes are able to contribute to and complement rural development policy as well as market and income support policies of the CAP. In particular, they may contribute to the developments in the farming sector and, especially, disadvantaged areas. A Union framework that protects geographical indications by providing for their inclusion in a register at Union level facilitates the development of the agricultural sector, since the resulting, more uniform approach ensures fair competition between the producers of products bearing such indications and enhances the credibility of the products in the consumers’ eyes. The system of geographical indications aims at enabling consumers to make more informed purchasing choices and, through labelling and advertising, helping them to correctly identify their products on the marketse types of products on the market. The establishment of effective rules which guarantee proper verification and controls over product specifications and adherence to production rules and guidelines for geographical indications originating in the internal market and in third markets is essential to secure consumer protection, trust and growth of trade of these products. Geographical indications, being a type of intellectual property right, help operators and companies valorise their intangible assets. To avoid creating unfair conditions of competition and to sustain the internal market, any producer, including a third country producer, should be able to use a registered name and market products designated as geographical indications throughout the Union and in electronic commerce, provided that the product concerned complies with the requirements of the relevant specification and that the producer is covered by a system of controls. In light of the experience gained from the implementation of Regulations (EU) No 1308/2013, (EU) 2019/787 and (EU) No 1151/2012 of the European Parliament and of the Council27 , there is a need to address certain legal issues, to clarify and simplify some rules and to streamline the procedures. _________________ 27 Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (OJ L 343, 14.12.2012, p. 1).
Amendment 20 #
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 periodically updated register should provide uniform information to consumers and to those involved in trade on all types of geographical indications entered into the register pursuant to their registration in the member state, by third country application, as a result of a concluded international trade agreement or upon international registration derived from the Geneva Act of the Lisbon Treaty system. The register should be an electronic database stored within an information system, and should be accessible to the public.
Amendment 24 #
Proposal for a regulation
Recital 16
Recital 16
(16) The Union negotiates international agreements, including those concerning the protection of designations of origin and geographical indications, with its trade partners. In order to facilitate the provision to the public of information about the names protected by those international agreements, and in particular to ensure protection and control of the use to which those names are put, those names mayshould be entered in the Union register of geographical indications. Unless specifically identified as designations of origin in such international agreements, the names should be entered in the register as protected geographical indications.
Amendment 32 #
Proposal for a regulation
Recital 23
Recital 23
(23) Producer groups 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 to include the right to: participation in consultative bodies, exchanging information with public authorities on geographical indication policy-related topics and the right to participate in consultations with the Commission in the run-up to trade negotiations concerning geographical indications with third countries.
Amendment 34 #
Proposal for a regulation
Recital 27
Recital 27
(27) In order to avoid creating unfair conditions of competition, any producer, including a third-country producer, should be able to use a registered geographical indication, provided that the product concerned complies with the requirements of the relevant product specification or single document or an equivalent to the latter, i.e. a complete summary of the product specification. The system set up by the Member States should also guarantee that producers complying with the rules are entitled to be covered by the verification of compliance of the product specification. Third country producers should be subject to EU-comparable verification procedures set up by their respective oversight authorities.
Amendment 38 #
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. Consumers should be able to receive information on conformity with the product specification upon demand from institutions and authorities responsible for controls and checks. This should apply to all geographical indications registered in the internal market. 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. _________________ 30 OJ L 95, 7.4.2017, p. 1.
Amendment 47 #
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 49 #
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. TWhis can be achieved by using the assistance for the scrutiny of the applications provided byle a partial outsourcing to 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 58 #
Proposal for a regulation
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) traditional specialities guaranteed and optional quality terms for agricultural products.
Amendment 59 #
Proposal for a regulation
Article 1 – paragraph 1 – point b a (new)
Article 1 – paragraph 1 – point b a (new)
(ba) c) optional quality terms for agricultural products.
Amendment 63 #
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) that producers acting collectively have the necessary powers and responsibilities to manage their geographical indication, including to create value and to respond to societal demands for products resulting from sustainable production in its three dimensions of economic, environmental and social value, and to operate in the market;
Amendment 64 #
Proposal for a regulation
Article 4 – paragraph 1 – point a a (new)
Article 4 – paragraph 1 – point a a (new)
(aa) a fair return for producers for the qualities of their products;
Amendment 65 #
Proposal for a regulation
Article 4 – paragraph 1 – point a b (new)
Article 4 – paragraph 1 – point a b (new)
Amendment 66 #
Proposal for a regulation
Article 4 – paragraph 1 – point b a (new)
Article 4 – paragraph 1 – point b a (new)
(ba) that the added value associated with geographical indications is fairly shared across the supply chain;
Amendment 67 #
Proposal for a regulation
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) that consumers receive reliable information and a guarantee of authenticity of such products originating in the internal market and imported from third markets and can readily identify them in the marketplace, including in the domain name system and in electronic commerce;
Amendment 68 #
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 within the internal market, including the Union digital market, and in third markets;
Amendment 69 #
Proposal for a regulation
Article 4 – paragraph 1 – point e
Article 4 – paragraph 1 – point e
(e) effective enforcement and marketing throughout the Union and in the domain name system and in electronic commerce ensuring the integrity of the internal market.
Amendment 70 #
Proposal for a regulation
Article 4 – paragraph 1 – point e a (new)
Article 4 – paragraph 1 – point e a (new)
(ea) f) effective protection of intellectual property rights of producers of such products in third markets in compliance with international agreements, standards, best practices and agreements with third countries.
Amendment 75 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Products designated by geographical indications shall be classified according to the combined nomenclature at two, four or six digit level, six or eight digit level. Additional codes established pursuant to Articles 3 and 5 of Regulation (EEC) 2658/1987 may be added to the combined nomenclature by the Commission, upon the request of a Member State. Where a geographical indication covers products of more than one category, each entrysubheading shall be specified. Product classification shall only be used for registration, statistical and record keeping purposes. The said classification shall not be used to determine comparable products for the purposes of protection against direct and indirect commercial use referred to in Article 27(1), point (a).
Amendment 77 #
Proposal for a regulation
Article 7 – paragraph 1 – point g a (new)
Article 7 – paragraph 1 – point g a (new)
(ga) 'association of producer groups' means an organisation that promotes the interests of producers of products designated by different geographical indications.
Amendment 79 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. An authority designated by a Member State or by a third country may be deemed to be an applicant producer group for the purposes of this Title, with respect to geographical indications of a spirit drink, if it is not feasible for the producers concerned to form a group by reason of their number, geographical location or organisational characteristics. In such case, the application referred to in Article 9(2) shall state those reasons.
Amendment 89 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. A producer group may agree on sustainability undertakings to be adhered to in the production of the product designated by a geographical indication. Such undertakings shall aim to apply a sustainability standard higher than mandated by Union or national law and go beyond good practice in significant respects in terms of social, environmental or, economic or animal health and welfare undertakings. Such undertakings shall be specific, shall take account of existing sustainable practices employed for products designated by geographical indications, and may refer to existing sustainability schemes.
Amendment 98 #
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. The Commission shall scrutinise any application for registration that it receives pursuant to Article 16(1 (paragraphs 1 and 2). Such scrutiny shall consist of a check that there are no manifest errors, that the information provided in accordance with Article 15 is complete and that the single document referred to in Article 13 is precise and technical in nature. It shall take into account the outcome of the national procedure carried out by the Member State concerned. It shall focus in particular on the single document referred to in Article 13.
Amendment 100 #
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
Amendment 107 #
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 120 #
Proposal for a regulation
Article 27 – paragraph 1 – point b
Article 27 – paragraph 1 – point b
(b) any misuse, imitation or evocation, even if the true origin of the products or services is indicated or if the protected name is translated, transcribed, transliterated or accompanied by an expression such as ‘style’, ‘type’, ‘method’, ‘as produced in’, ‘imitation’, ‘flavour’, ‘like’ or similar., including where those products are used as ingredients;
Amendment 123 #
Proposal for a regulation
Article 27 – paragraph 1 – point c
Article 27 – paragraph 1 – point c
(c) any other false or misleading indication as to the provenance, origin, nature or essential qualities of the product that is used on the inner or outer packaging, advertising material, documents or information provided on websites or on domain names relating to the product concerned, and the packing of the product in a container liable to convey a false impression as to its origin;
Amendment 125 #
Proposal for a regulation
Article 27 – paragraph 4 – point a
Article 27 – paragraph 4 – point a
(a) goods entering the customs territory of the Union without being released for free circulation within that territory; and
Amendment 128 #
Proposal for a regulation
Article 27 – paragraph 4 a (new)
Article 27 – paragraph 4 a (new)
4a. goods produced in the Union and destined to be exported and marketed in third countries; and
Amendment 130 #
Proposal for a regulation
Article 27 – paragraph 7 a (new)
Article 27 – paragraph 7 a (new)
7a. 7 a. Each Member State shall take appropriate administrative and judicial steps to prevent or stop the unlawful use of protected designations of origin and protected geographical indications, as provided for in paragraph 1, that are produced or marketed in that Member State or imported from third countries. To that end, Member States shall designate the authorities that are responsible for taking those steps in accordance with procedures determined by each individual Member State. Those authorities shall provide adequate guarantees of objectivity and impartiality, and shall have at their disposal the qualified staff and resources necessary to carry out their functions.
Amendment 137 #
Proposal for a regulation
Article 32 – paragraph 2 – point b
Article 32 – paragraph 2 – point b
(b) take legal action to ensure protection of the geographical indication and of the intellectual property rights that are directly connected with it, and claim damages;
Amendment 139 #
Proposal for a regulation
Article 32 – paragraph 2 – point e
Article 32 – paragraph 2 – point e
(e) combat counterfeiting and suspected fraudulent uses on the internal market, including the Union digital market, and in third markets of a geographical indication designating products that are not in compliance with the product specification, by monitoring the use of the geographical indication across the internal market and on third countries markets where the geographical indications are protected, including on the internet, and, as necessary, inform enforcement authorities using confidential systems available.
Amendment 140 #
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 Stat, Member States or, in accordance with an international agreement to which the Union is a contracting party, third countries 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 142 #
Proposal for a regulation
Article 33 – paragraph 2 a (new)
Article 33 – paragraph 2 a (new)
2a. 2a. Member States or, in accordance with an international agreement to which the Union is a contracting party, third countries may decide on the basis of objective and non- discriminatory criteria that producer groups already recognised at national level before … [the date of entry into force of this Regulation] are to be considered as recognised producer groups.
Amendment 143 #
Proposal for a regulation
Article 33 – paragraph 3 – point c a (new)
Article 33 – paragraph 3 – point c a (new)
(ca) (ca) to liaise with the Commission in the context of negotiations on international agreements as regards the protection of the geographical indications;
Amendment 147 #
Proposal for a regulation
Article 33 – paragraph 5
Article 33 – paragraph 5
5. Member States or, in accordance with an international agreement to which the Union is a contracting party, third countries shall carry out checks in order to ensure that the conditions laid down in paragraph 2for the recognition of the producer group are complied with. Where the competent national authorities find that such conditions have not been complied with, Member States shall annul the decision on the recognition of the producer group.
Amendment 149 #
Proposal for a regulation
Article 33 – paragraph 5 a (new)
Article 33 – paragraph 5 a (new)
5a. Member States or, in accordance with an international agreement to which the Union is a contracting party, third countries shall inform the Commission by 31 March of each year, of every decision to grant, refuse or annul recognition taken during the previous calendar year.
Amendment 151 #
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. Country-code tTop-level domain name registries establishedoperating in the Union may,shall, ex-officio or upon the request of a natural or legal person having a legitimate interest or rights, 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 152 #
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. Country-code tTop-level domain name registries establishedoperating in the Union shall ensure that any alternative dispute resolution procedure established to solve disputes relating to the registration of domain names referred to in paragraph (1), shall recognise geographical indications as rights that may prevent a domain name from being registered or used in bad faith.
Amendment 156 #
Proposal for a regulation
Article 37 – paragraph 2
Article 37 – paragraph 2
2. In the case of products originating in the Union that are marketed under a geographical indication, the Union symbol associated with it shall appear on the labelling and advertising material. The geographical indication and an indication of the name of the producer or vendor shall appear in the same field of vision as the Union symbol. The country of origin of a primary ingredient which is not the same as the given country of origin of the geographical indication shall be indicated with reference to Member States or third countries. The labelling requirements laid down in Article 13(1) of Regulation (EU) No 1169/2011 for the presentation of mandatory particulars shall apply to the geographical indication.
Amendment 159 #
Proposal for a regulation
Article 37 – paragraph 9
Article 37 – paragraph 9
Amendment 165 #
Proposal for a regulation
Article 42 – paragraph 3
Article 42 – paragraph 3
3. Member States shall take appropriate administrative and judicial steps to prevent or stop the use of names of products or services, including domain names, that are produced, operated or marketed in their territory and that contravenes the protection of geographical indications provided for in Article 27 and Article 28.
Amendment 168 #
Proposal for a regulation
Article 46 – paragraph 1
Article 46 – paragraph 1
Amendment 177 #
Proposal for a regulation
Article 47 – paragraph 2
Article 47 – paragraph 2
2. No later than 52 years after the first delegation of any tasks to EUIPO, 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.