BETA

62 Amendments of Stéphane SÉJOURNÉ related to 2022/0115(COD)

Amendment 150 #
Proposal for a regulation
Recital 3
(3) For many years, geographical indication protection has been established at Union level for wines, spirit drinks6 , aromatised wines7 , as defined at Union level, as well as agricultural products and foodstuffs8 , as protected at Union level. It is appropriate to provide Union-wide geographical indication protection in respect of products falling outside the scope of existing regulations, while ensuring convergence, and aiming at encompassing a large variety of craft and industrial products, such as natural stones, jewellery, textiles, lace, cutlery, glass and porcelain. Geographical indications for craft and industrial products will materialise their full potential when considered as a tool for public policy and not solely an intellectual property tool. _________________ 6 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). 7 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). 8 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).
2022/11/11
Committee: JURI
Amendment 198 #
Proposal for a regulation
Recital 40
(40) The added value of geographical indications is based on consumer trust. Such trust can only be well-founded if the registration of geographical indications is accompanied by effective verification and controls, including the producer’s due diligence.
2022/11/11
Committee: JURI
Amendment 200 #
Proposal for a regulation
Recital 41
(41) In order to guarantee consumers of the specific characteristics of craft and industrial products protected by geographical indications, producers should be subject to a system that verifies compliance with the product specification before the product is put on the market. Member States should be free to establish a third-party verification system operated by the competent authorities, and the product certification bodies, to which those authorities delegate certain official control tasks or a verification system based on a producer’ s self-declaration. The self- declaration should be submitted to the competent authorities assuring conformity with the product specification.
2022/11/11
Committee: JURI
Amendment 204 #
Proposal for a regulation
Recital 44
(44) Member States should have the possibility to allow producers to fulfil their obligation to perform due diligence by submitting a self-declaration to the competent authorities every three years, demonstrating their continued compliance. Producers should be required to renew their self-declaration immediately where there is an amendment to the product specification or a change affecting the concerned product. The use of self-declaration should not prevent producers from having their conformity fully or partially certified by eligible third parties. A third-party certification should be able to supplement a self-declaration but not replace it.deleted
2022/11/11
Committee: JURI
Amendment 205 #
Proposal for a regulation
Recital 45
(45) The self-declaration should provide competent authorities with all necessary information on the product and on its compliance with the product specification. To ensure that the information provided in the self- declaration is comprehensive, a harmonised structure for such declarations should be laid down in Annex. It is important to ensure that the self-declaration is filled in truthfully and accurately. Therefore, the producer should take full responsibility for the information provided in the self- declaration, and should be able to provide the necessary evidence to allow for the verification of that information.deleted
2022/11/11
Committee: JURI
Amendment 208 #
Proposal for a regulation
Recital 46
(46) Where a self-declaration certification procedure is in place, competent authorities should carry out random controls.deleted
2022/11/11
Committee: JURI
Amendment 214 #
Proposal for a regulation
Article 1 a (new)
Article 1 a Objectives This Title provides for a unitary and exclusive system of geographical indications, protecting the names of craft and industrial products having characteristics, attributes or reputation linked to their place of production, thereby ensuring the following: (a) producers acting collectively have the necessary powers and responsibilities to manage their geographical indication, including 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; (b) fair competition for producers in the marketing chain; (c) consumers receive reliable information and a guarantee of authenticity of such products and can readily identify them in the marketplace including in electronic commerce; (d) efficient registration of geographical indications taking into account the appropriate protection of intellectual property rights; and (e) effective enforcement and marketing throughout the Union and in electronic commerce ensuring the integrity of the internal market.
2022/11/11
Committee: JURI
Amendment 231 #
Proposal for a regulation
Article 3 – paragraph 1 – point d
(d) ‘producer group’ means any association, irrespective of its legal form, mainly composed of producers or processmanufacturers and/or processors and/or any other operators working with the same product;
2022/11/11
Committee: JURI
Amendment 237 #
Proposal for a regulation
Article 3 – paragraph 1 – point e
(e) ‘production step’ means any stage of production, and/or processing and/or preparation, included in the specifications/description of the product, up to the point, where the product is in a form to be placed on the internal market;
2022/11/11
Committee: JURI
Amendment 241 #
Proposal for a regulation
Article 3 – paragraph 1 – point f
(f) ‘traditional’ and 'tradition', when associated with a product originating in a geographical area, means proven historical usage by producers in a professional community for a period that allows transmission between generations; this period is to beat least 30 years and the said usage may embrace modifications necessitated by changing hygiene and safety practices;
2022/11/11
Committee: JURI
Amendment 245 #
Proposal for a regulation
Article 3 – paragraph 1 – point g
(g) 'producer' means an operator engaged in any production step of a product the name of which is protected as a geographical indication, including processing and/or preparation activities, covered by the product specification;
2022/11/11
Committee: JURI
Amendment 255 #
Proposal for a regulation
Article 3 – paragraph 1 – point j
(j) ‘self-declaration’ means a document in which a producer, or an authorised representative, indicates on his or her sole responsibility that the product is compliant with the corresponding product specification and that all necessary controls and checks for the proper determination of conformity have been carried out in order to demonstrate the lawful use of the geographical indication to the competent authorities of Member States.deleted
2022/11/11
Committee: JURI
Amendment 271 #
Proposal for a regulation
Article 5 – paragraph 1 – point c
(c) at least one of thethe main production steps of the product takes place in the defined geographical area.
2022/11/11
Committee: JURI
Amendment 272 #
Proposal for a regulation
Article 5 – paragraph 1 – point c a (new)
(ca) all imported products that will be part of the assembly of the final product must offer a guarantee that they have been produced in a sustainable way.
2022/11/11
Committee: JURI
Amendment 275 #
Proposal for a regulation
Article 6 – paragraph 1
1. Applications for the registration of geographical indications shallmay 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 entities may help in the preparation of the application and in the related procedure.
2022/11/11
Committee: JURI
Amendment 280 #
Proposal for a regulation
Article 6 – paragraph 2
2. An authority designated by a Member State or a local authority may be deemed to be an applicant producer group for the purposes of this Title, if it is not feasible for the producers concerned to form a group by reason of their number, geographical location or organisational characteristics. Where such representation takes place, the application referred to in Article 11(3) shall state these reasons for such representation.
2022/11/11
Committee: JURI
Amendment 282 #
Proposal for a regulation
Article 6 – paragraph 3 – introductory part
3. ABy way of derogation from paragraph 1 (a) a single producer may be deemed to be an applicant producer group for the purposes of this Title, where both of the following conditions are fulfilled:
2022/11/11
Committee: JURI
Amendment 288 #
Proposal for a regulation
Article 6 – paragraph 3 a (new)
3a. the use of the geographical indication shall be opened to any new producer(s) able to comply with the specifications;
2022/11/11
Committee: JURI
Amendment 291 #
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
1. CIn order for the names of craft and industrial products the names of which aro be registered as a geographical indication shall comply with a, the product concerned shall comply with objective and non-discriminatory product specifications, which shall include at least:
2022/11/11
Committee: JURI
Amendment 296 #
Proposal for a regulation
Article 7 – paragraph 1 – point a
(a) the name to be protected as geographical indication which may be either a geographical name of the place of production of a specific product, or as well as a name used in trade or in common language to describe the specific product in the defined geographical area;
2022/11/11
Committee: JURI
Amendment 304 #
Proposal for a regulation
Article 7 – paragraph 1 – point i a (new)
(ia) the name and contact details of the competent authority and/or product certification body verifying compliance with the provisions of the product specification;
2022/11/11
Committee: JURI
Amendment 316 #
Proposal for a regulation
Article 8 – paragraph 1 – point a – point ii
(ii) a description of the product, including, where appropriate, specific rules concerning composition, packaging and labelling,;
2022/11/11
Committee: JURI
Amendment 318 #
Proposal for a regulation
Article 8 – paragraph 1 – point a – point iii a (new)
(iiia) main steps of production;
2022/11/11
Committee: JURI
Amendment 320 #
Proposal for a regulation
Article 8 – paragraph 1 a (new)
1a. Where the applicant is a SME or a producer group consisting only of SMEs, the single document shall be prepared by the competent authority of the Member State from where the producer group originates, on the basis of the information provided in accordance with Articles 7 and 9. In the case of cross-border applications, the single document may be prepared by any of the competent authorities concerned. Where a Member State decides to use the direct registration procedure referred to in Article 15, the single document shall be prepared by the Office and the deadline for the examination shall be extended to eight months. The competent authority shall send the single document to the applicant for approval.
2022/11/11
Committee: JURI
Amendment 336 #
Proposal for a regulation
Article 12 – paragraph 1
The competent authority shall examine the application and shall check within six months of the submission of the application that the product complies with the requirements for geographical indications referred to in Article 5 and provides the necessary information for registration referred to in Articles 7, 8 and 9. Where the examination period exceeds or is likely to exceed six months, the competent authority shall inform the applicant of the reasons for the delay in writing. The total examination period shall not exceed one year.
2022/11/11
Committee: JURI
Amendment 375 #
Proposal for a regulation
Article 19 – paragraph 6
6. Where, based on the examination carried out pursuant to paragraph 1, the Office finds that the application is incomplete or incorrect, the Office shall send its observations to the Member State or in case of third country applications, to the relevant producer group 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 producer group or competent authority, does not complete the application within the deadline, the application shall be considered to be withdrawn, or if not corrected, it shall be rejected pursuant to Article 24(2). The Office shall publish rejected application.
2022/11/11
Committee: JURI
Amendment 381 #
Proposal for a regulation
Article 21 – title
21 OUnion opposition and comments procedure
2022/11/11
Committee: JURI
Amendment 384 #
Proposal for a regulation
Article 21 – paragraph 1
1. Within 3 months from the date of publication of the single document and the reference to the product specification referred to in Article 7 in the Union register of geographical indications for craft and industrial products an opponent may lodge an opposition or notice of comment with the Officewith the Office (Union opponent). The applicant and the opponent shall be considered a party to the procedure.
2022/11/11
Committee: JURI
Amendment 389 #
Proposal for a regulation
Article 21 – paragraph 3
3. The Office shall check the admissibility of the opposition. If the Office considers that the opposition is admissible, it shall, within 630 days after the receipt of that opposition, invite the Union opponent and the applicant to engage in consultations for a reasonable period not exceeding 3 months. At any time during that period, the Office may, at the request of either party, extend the time limit for the consultations by a maximum of 3 months. The Office mayshall offer mediation for the consultations between the applicant and the opponent pursuant to Article 170 of Regulation (EU) 2017(1001).
2022/11/11
Committee: JURI
Amendment 390 #
Proposal for a regulation
Article 21 – paragraph 4
4. The applicant and the Union opponent shall provide each other during the consultation with the relevant information to assess whether the application for registration complies with the conditions set out in this Regulation.
2022/11/11
Committee: JURI
Amendment 393 #
Proposal for a regulation
Article 21 – paragraph 8
8. The authorities and persons that may act as an opponent may lodge a notice of comment with the Office. The competent authority or person that lodged a notice of comment shall not be considered to be a party to the procedure.deleted
2022/11/11
Committee: JURI
Amendment 395 #
Proposal for a regulation
Article 21 – paragraph 9
9. The Office may share the notice of comment with the applicant and the opponent.deleted
2022/11/11
Committee: JURI
Amendment 397 #
Proposal for a regulation
Article 21 – paragraph 10
10. In order to facilitate the official submission of comments and to improve management of the opposition procedure, the Commission may adopt implementing acts laying down the necessary rules to provide for the submission of such official comments and specifying the format and online presentation of oppositions and any comments procedure. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 65(2).deleted
2022/11/11
Committee: JURI
Amendment 404 #
Proposal for a regulation
Article 22 a (new)
Article 22 a Notice of comment 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 Office 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 22. The competent authority or person that lodges a notice of comment shall not be considered to be a party to the procedure. 3. The Office 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 65(2).
2022/11/11
Committee: JURI
Amendment 408 #
Proposal for a regulation
Article 23 – paragraph 2
2. The Office may decide to extend the transitional period granted under paragraph 1 up to 15 years, or allowing continued use for up to 15 years, provided it is additionally shown that: (a) the name in the designation referred to in paragraph 1 has been in legal use consistently and fairly for at least 25 years before the application for registration of the concerned geographical indication was submitted to the Office; (b) the purpose of using the name in the designation referred to in paragraph (1) has not, at any time, been to profit from the reputation of the name of the product that has been registered as geographical indication; and (c) the consumer has not been or could not have been misled as to the true origin of the product.deleted
2022/11/11
Committee: JURI
Amendment 413 #
Proposal for a regulation
Article 23 – paragraph 5
5. To overcome temporary difficulties with the long-term objective of ensuring that all producers of a product designated under a geographical indication in the area concerned comply with the related product specification, a Member State may grant a transitional period for compliance, of up to 105 years, with effect from the date on which the application is lodged withregistered by the Office, provided that the operators concerned have legally marketed the products in question, using the names concerned continuously for at least 5 years preceding the lodging of the application to the authorities of that Member State and have referred to that fact in the national opposition procedure referred to in Article 13.
2022/11/11
Committee: JURI
Amendment 419 #
Proposal for a regulation
Article 24 – paragraph 7
7. Decisions adopted by the Office shall be published in the Union register of geographical indications for craft and industrial products in all the official languages of the Union. The reference to the name of the product, class of thetype of product, indications of the country or countries of origin and the reference to the decision published in the Union register of geographical indications for craft and industrial products shall be published in the Official Journal of the European Union.
2022/11/11
Committee: JURI
Amendment 429 #
Proposal for a regulation
Article 26 – paragraph 3 – point b
(b) the class of thetype of product;
2022/11/11
Committee: JURI
Amendment 437 #
Proposal for a regulation
Article 27 – paragraph 1
1. The Office shall ensure that any person is able to download an official extract from the Union register of geographical indications for craft and industrial products 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. The official extract may be used as an authentic certificate in legal proceedings, in a court of law, in a court of arbitration or similar body. Reasons leading to the rejection of an application shall be made accessible as well.
2022/11/11
Committee: JURI
Amendment 441 #
Proposal for a regulation
Article 27 – paragraph 2
2. The applicant producer group or where Article 6(2)or 6(3) applies, the authority designated by a Member State or a local authority or the single producer shall be identified as the holder of the registration in the Union register of geographical indications for craft and industrial products in the Union register and in the official extract referred to in paragraph (1) of this Article.
2022/11/11
Committee: JURI
Amendment 444 #
Proposal for a regulation
Article 28 – paragraph 1
1. A producer group, a single producer or a competent authority having a legitimate interest may apply for the approval of an amendment to the product specification of a registered geographical indication.
2022/11/11
Committee: JURI
Amendment 469 #
Proposal for a regulation
Article 32 – paragraph 2
2. Opposition and cancellation decisions shall be taken by a panel of at least three members. At least one member shall be legally qualified. All other decisions of paragraph 1 shall be taken by a single member and have appropriate technical knowledge.
2022/11/11
Committee: JURI
Amendment 470 #
Proposal for a regulation
Article 33 – paragraph 2 – point c a (new)
(c a) the assessment of the link between the product and its geographical origin;
2022/11/11
Committee: JURI
Amendment 473 #
Proposal for a regulation
Article 33 – paragraph 5
5. The Advisory Board shall be composed of at least one representative of each Member State and one representatives of the Commission and their respective alternates. If deemed necessary, recognized expert in the field of geographical indications or of the concerned product, including representatives of regions shall be invited to join the Board on ad hoc basis.
2022/11/11
Committee: JURI
Amendment 486 #
Proposal for a regulation
Article 35 – 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 geographical indication is translated or accompanied by an expression such as ‘style’, ‘type’, ‘method’, ‘as produced in’, ‘imitation’, ‘flavour’, 'fragrance', ‘like’ or similar;
2022/11/11
Committee: JURI
Amendment 490 #
Proposal for a regulation
Article 35 – paragraph 1 a (new)
1 a. The Provisions of paragraph (1) shall also apply where the protected products are parts or components of manufactured products.
2022/11/11
Committee: JURI
Amendment 493 #
Proposal for a regulation
Article 35 – paragraph 5
5. The producer group, the geographical indication holder or any producer that is entitled to use the 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 contrary to paragraph 1.
2022/11/11
Committee: JURI
Amendment 497 #
Proposal for a regulation
Article 36 – paragraph 1
1. Article 35 is without prejudice to the use of a protected geographical indication by producers in conformity with Article 43 toname indicateing that a manufactured product contains or integrates, as a part or component, a product designated by that geographical indication provided that such use is made in accordance with honest commercial practices, is agreed with the geographical indication right holder and does not weaken, dilute, or is not detrimental to, the reputation of the geographical indication.
2022/11/11
Committee: JURI
Amendment 522 #
Proposal for a regulation
Article 43 – paragraph 1
1. A registered geographical indication may be used by any producer, geographical indication holder or operator marketing a product conforming to the corresponding product specification or to a single document or an equivalent to the latter.
2022/11/11
Committee: JURI
Amendment 525 #
Proposal for a regulation
Article 44 – paragraph 2
2. In the case of craft and industrial products originating in the Union that are marketed under a geographical indication, the Union symbol referred to in paragraph 1 mayshall appear on the labelling and advertising material. The name of the geographical indication shall be in the same field of vision as the Union symbol.
2022/11/11
Committee: JURI
Amendment 528 #
Proposal for a regulation
Article 44 – paragraph 3
3. The abbreviation ‘PGI’ corresponding to the indication ‘protected geographical indication’ mayshall appear on the labelling of products and advertising material designated by a geographical indication of craft and industrial products.
2022/11/11
Committee: JURI
Amendment 533 #
Proposal for a regulation
Article 44 – paragraph 6
6. The Union symbol indicating the protected geographical indication and the Union indication ‘protected geographical indication’ and the abbreviation ‘PGI’ as relevant, mayshall appear on the labelling and advertising material only after the publication of the decision on registration in accordance with Articles 24 and 25.
2022/11/11
Committee: JURI
Amendment 560 #
Proposal for a regulation
Article 49 – title
49 Self-declaration certification procedure
2022/11/11
Committee: JURI
Amendment 561 #
Proposal for a regulation
Article 49 – paragraph 1
1. Without prejudice to Article 46, Member States may 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 45(1).deleted
2022/11/11
Committee: JURI
Amendment 562 #
Proposal for a regulation
Article 49 – paragraph 2
2. Member States may 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 marketplace. Where the product specification is amended or changed in a way that affects the concerned product, the self-declaration shall be renewed immediately.deleted
2022/11/11
Committee: JURI
Amendment 563 #
Proposal for a regulation
Article 49 – paragraph 3
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.deleted
2022/11/11
Committee: JURI
Amendment 566 #
Proposal for a regulation
Article 49 – paragraph 4
4. The self-declaration shall follow the structure set out in Annex 1 and shall contain all the information and requirements specified in that Annex.deleted
2022/11/11
Committee: JURI
Amendment 567 #
Proposal for a regulation
Article 49 – paragraph 5
5. 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.
2022/11/11
Committee: JURI
Amendment 578 #
Proposal for a regulation
Article 53 – paragraph 2
2. The Office shall make public the names and addresses of the competent authorities and, product certification bodies referred to in Article 46(4) and natural persons referred to in Article 46(3)and update that information periodically.
2022/11/11
Committee: JURI
Amendment 581 #
Proposal for a regulation
Article 55 – title
Orders to act against illegal online content
2022/11/11
Committee: JURI
Amendment 582 #
Proposal for a regulation
Article 58 – paragraph 1
1. A producer whose product, following the verification of compliance referred to in Article 46, is found to comply with the product specification of a geographical indication protected under this Regulation or that has, if applicable in the Member State concerned, properly submitted a self-declaration to the competent authority, shall be entitled to an official certificate, or other proof of certification, of eligibility to produce the product designated by the geographical indication concerned in respect of the production steps performed by the said producer.
2022/11/11
Committee: JURI
Amendment 593 #
Proposal for a regulation
Annex I
[...]deleted
2022/11/11
Committee: JURI