Activities of Ibán GARCÍA DEL BLANCO related to 2022/0115(COD)
Plenary speeches (1)
Geographical indication protection for craft and industrial products (debate)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council on geographical indication protection for craft and industrial products and amending Regulations (EU) 2017/1001 and (EU) 2019/1753 of the European Parliament and of the Council and Council Decision (EU) 2019/1754
Amendments (98)
Amendment 144 #
Draft legislative resolution
Citation 6 a (new)
Citation 6 a (new)
— having regard to the Commission Proposal to Parliament and the Council COM(2022) 134 final/2 on European Union geographical indications for wine, spirit drinks and agricultural products, and quality schemes for agricultural products,
Amendment 145 #
Draft legislative resolution
Citation 6 b (new)
Citation 6 b (new)
— having regard to the opinion of the European Economic and Social Committee INT/992,
Amendment 146 #
Draft legislative resolution
Citation 6 c (new)
Citation 6 c (new)
— having regard to the opinion of the European Committee of the Regions, ECON-VII/016, COR/2021-02689-00-00- AC-TRA (EN) 1/10,
Amendment 152 #
Proposal for a regulation
Recital 4
Recital 4
(4) Several Member States have national regimes for the protection of national geographical indications for craft and industrial products. These regimes differ in terms of protection, administration and fees, and do not offer protection beyond the national territory. Other Member States do not provide for geographical indication protection at national level for such products. That fragmentated and complex landscape of various protection regimes at Member States level may result in increased costs and legal uncertainty for producers and be a disincentive to investment in the traditional crafts in the Union.
Amendment 153 #
Proposal for a regulation
Recital 5
Recital 5
(5) Unitary protection throughout the Union for the intellectual property rights related to geographical indications can contribute to fight counterfeit articles, to incentives for the production of quality products, the wide availability of such products for consumers and the creation of valuable and sustainable jobs including in rural and less-developed regions which would help counter depopulation trends. In particular in view of the potential of geographical indications to contribute to sustainable and highly skilled jobs in rural and less developed regions, producers should aim at creating a substantial proportion of the value of the product designated by a geographical indication within the defined geographical areain view of responding to societal demands for products resulting from sustainable production in its three dimensions of economic, environmental and social value, and in view of ensuring that consumers receive reliable information and a guarantee of authenticity of such products, producers should aim at entirely creating the product designated by a geographical indication within the defined geographical area. Should this not be possible, only a minor proportion of the value of the product designated by a geographical indication should originate from without the geographical area. This might be the case in particular when raw materials come from another region of the Member State where the geographical area is defined, or from an other EU Member State.
Amendment 155 #
Proposal for a regulation
Recital 7
Recital 7
(7) Making geographically linked products is often based on local know-how and follows local production methods that are rooted in the cultural and social heritage of the home region of such products. Efficient intellectual property protection has the potential to contribute to increased profitability and attractiveness of the traditional craft professions. Geographical indications play an important role in the Union’s trade and external policy and are collective rights performing public functions. Specific geographical indication protection is acknowledged so as to safeguard and develop cultural heritage both in the agricultural and the craft and industrial areas. Efficient procedures should be established for the registration of Union geographical indications protecting the names of craft and industrial products, which take into account regional and local specificities. The geographical indication system for craft and industrial products should ensure that the production and marketing traditions are maintained and enhanced.
Amendment 158 #
Proposal for a regulation
Recital 9
Recital 9
(9) To provide for a full coverage of craft and industrial products eligible for GI protection (i.e. those having characteristics, attributes or reputation linked to their geographical origin, place of production or manufacturing), the scope of this Regulation needs to be determined in line with the relevant international framework, namely, the World Trade Organization. Hence, the use of the Combined Nomenclature should be established through direct reference to Annex I to Council Regulation No 2658/8710 . This approach ensures coherence with the scope of the revised GI Regulation for agricultural products, foodstuff, wine and spirits. _________________ 10 Council Regulation (EEC) No 2685/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff Regulation (OJ L 256, 7.9.1987 p.1).
Amendment 165 #
Proposal for a regulation
Recital 14
Recital 14
(14) To qualify for protection in the Member States, geographical indications should be registered only at Union level. However, with effect from the date of application for such registration at Union level, Member States should be able to grant temporary protection at national level without affecting the internal market of the Union 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 Office should carry out the corresponding procedures for geographical indications originating in third countries.
Amendment 167 #
Proposal for a regulation
Recital 15
Recital 15
(15) The procedures for examination, opposition, registration, amendments to the product specification and cancellation of the registration in respect of geographical indications originating in the Union under this Regulation should be carried out by the Member States and the Office, and the procedures should respond to the highest transparency requirements. The Member States and the Office should be responsible for distinct stages of the procedures. Member States should be responsible for the first stage, which consists of receiving the application from the applicants, assessing it, running the national opposition procedure, and, following the positive results of the assessment, submitting the Union application to the Office. The Office should be responsible for examining the applications in the second stage of the procedure, running the worldwide opposition procedure and taking a decision on granting or refusing the protection to the geographical indication. The Office should also carry out the corresponding procedures for geographical indications originating in third countries, without prejudice to the direct registration procedure.
Amendment 169 #
Proposal for a regulation
Recital 16
Recital 16
(16) In order to facilitate the management of GI applications by national authorities of GI applications concerning two or more Member States, it should be possible for two or morehe concerned Member States to: (i) cooperate in the management of the national phase of the procedures, including those procedures for registration, examination, national opposition, submission of the Union application to the Office, amendments to the product specification and cancellation of the registration, and (ii) decide that one of them manages these procedures also on behalf of the other Member State or Member States concerned. In those cases, all the Member States concerned should inform the Commission without delay, providing the necessary information.
Amendment 178 #
Proposal for a regulation
Recital 22
Recital 22
(22) To avoid fragmentation, and ensure transparency and uniformity across Member States, it is necessary to establish and maintain an electronic Union register of geographical indications for craft and industrial products. The register should be an electronic database stored within an information system, and should be easily accessible to the public. The Union register of geographical indications for craft and industrial products should be developed, kept and maintained by the Office and also the personnel for its operation should be provided by the Office.
Amendment 180 #
Proposal for a regulation
Recital 23
Recital 23
(23) The Union negotiates international agreements, including those concerning the protection of geographical indications, with its trade partners. Protection of geographical indications for craft and industrial products throughout the Union can also stem from those agreements, irrespective of the international registrations provided under the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications or the application and registration system set out in this Regulation. In order to facilitate the provision to the public of information about the geographical indications protected in the Union either by virtue of the international registrations provided under the Geneva Act or by virtue of the international agreements with the Union trade partners, and in particular to ensure protection and control of the use to which those geographical indications are put, those geographical indications should be entered in the Union register of geographical indications for craft and industrial products.
Amendment 184 #
Proposal for a regulation
Recital 27
Recital 27
(27) It is necessary to establish an Advisory Board, which is a pool of experts, composed of representatives from Member States and the Commission. The purpose of the Advisory Board is to provide the necessary local and value chain knowledge and expertise concerning certain products and knowledge about the local circumstances that may influence the outcome of the procedures laid down in this Regulation. In order to support the Office on its assessment of individual applications at any stage of the examination, opposition, appeal or other procedures with specific technical knowledge, the Geographical Indications Division or the Boards of Appeal, at its own initiative or at the request of the Commission, should have the possibility to consult the Advisory Board. The consultation, when necessary, should also include a general opinion on assessing quality criteria, establishing reputation and renown, determining generic nature of a name, and assessing fair competition in commercial transactions and the risk of confusing consumers. The opinion of the Advisory Board should not be binding. The appointment procedure of the experts and the operation of the Advisory Board should be specified in the rules of procedure of the Advisory Board approved by the Management Board.
Amendment 192 #
Proposal for a regulation
Recital 36
Recital 36
(36) As it is the first time that an Union- wide geographical indication protection system for craft and industrial product is implemented, it is important tohat, in a coordinated manner, the Member States, the Commission, the Office, and relevant stakeholders raise awareness among consumers, producers, especially MSMEs and public authorities at national, regional and local level about the initiative..
Amendment 211 #
Proposal for a regulation
Recital 53
Recital 53
(53) Taking into account that a product designated by the geographical indication produced in one Member State might be sold in another Member State, cooperation and administrative assistance between Member States should be ensured to allow effective controls and its practicalities should be laid down.
Amendment 213 #
Proposal for a regulation
Article 1 a (new)
Article 1 a (new)
Article 1 a Objectives This regulation provides for a unitary and exclusive system of geographical indications, protecting the names of craft and industrial products having quality, characteristics, attributes or reputation linked to their geographical origin, 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 with heritage value and created through 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) simple and efficient registration of geographical indications, ensuring the appropriate protection of intellectual property rights; (e) effective enforcement and marketing throughout the Union and in electronic commerce, ensuring the integrity of the internal market; and, f) local economic development, which guarantees the protection of know-how and of a common heritage.
Amendment 222 #
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) ‘craft and industrial products’ means products: (i) produced either totally by hand or with the aid of manual tools or by mechanical means, whenever the direct manual contribution is the most important component of the finished product; or (ii) ‘produced in a standardised way, through the use of machines;
Amendment 227 #
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
Amendment 234 #
Proposal for a regulation
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) ‘producer group’ means any association, irrespective of its legal form, mainly composed of producers , manufacturers and/or processors working with the same product;
Amendment 240 #
Proposal for a regulation
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
(e) ‘production step’ means any stage of production, manufacturing, processing and/or preparation, up to the point, where the product is in a form to be placed on the internal market;
Amendment 244 #
Proposal for a regulation
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
(g) 'producer' means an operator legal person engaged in any production and/or manufacturing step of a product the name of which is protected as a geographical indication, including processing activities, covered by the product specification;
Amendment 249 #
Proposal for a regulation
Article 3 – paragraph 1 – point h – point i
Article 3 – paragraph 1 – point h – point i
(i) the names of products which, although relating to the place, region or country where the product was originally produced, manufactured or marketed, have become the common name of a product in the Union, or
Amendment 252 #
Proposal for a regulation
Article 3 – paragraph 1 – point i
Article 3 – paragraph 1 – point i
(i) ‘product certification body’ means a legal personduly accredited body which certifies that products designated by geographical indications comply with the product specification, whether in performance of a delegated official control task or any other mandate;
Amendment 257 #
Proposal for a regulation
Article 3 – paragraph 1 – point j
Article 3 – paragraph 1 – point j
(j) (j) ‘self-declaration’ means a documentcomprehensive document with a Union- level harmonised structure, in which a producer, manufacturer, 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.
Amendment 260 #
Proposal for a regulation
Article 4 – paragraph -1 (new)
Article 4 – paragraph -1 (new)
Amendment 274 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Applications for the registration of geographical indications shall only be submitted by a producer group of a product (‘applicant producer group’), the name of which is proposed for registration. R. Upon request from the producer group, regional or local public entities mayare encouraged to help in the preparation of the application and in the related procedure.
Amendment 279 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. An authority designated by a Member State, in particular a regional or 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.
Amendment 286 #
Proposal for a regulation
Article 6 – paragraph 3 – point b
Article 6 – paragraph 3 – point b
(b) the geographical area concerned is defined by natural featuresa particular portion of a territory without reference to private property boundaries and has characteristics which differ appreciably from those of neighbouring areas or the characteristics of the product are different from those produced in neighbouring areas.
Amendment 287 #
Proposal for a regulation
Article 6 – paragraph 3 – point b a (new)
Article 6 – paragraph 3 – point b a (new)
(ba) the use of the geographical indication shall be made available to any new producer(s) able to comply with the specifications;
Amendment 293 #
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
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, the product concerned shall comply with a product specification, which shall include at least:
Amendment 297 #
Proposal for a regulation
Article 7 – paragraph 1 – point a a (new)
Article 7 – paragraph 1 – point a a (new)
(aa) the type of product(s) covered by the name;
Amendment 300 #
Proposal for a regulation
Article 7 – paragraph 1 – point h a (new)
Article 7 – paragraph 1 – point h a (new)
(ha) the name and contact details of the competent authority and/or product certification body verifying compliance with the provisions of the product specification;
Amendment 306 #
Proposal for a regulation
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. The single document, as set out in Annex 2, shall comprise:
Amendment 307 #
Proposal for a regulation
Article 8 – paragraph 1 – point a – introductory part
Article 8 – paragraph 1 – point a – introductory part
(a) the following main points of the product specification:deleted
Amendment 308 #
Proposal for a regulation
Article 8 – paragraph 1 – point a – point i
Article 8 – paragraph 1 – point a – point i
(i) the name to be protected as a geographical indication;
Amendment 311 #
Proposal for a regulation
Article 8 – paragraph 1 – point a – point i a (new)
Article 8 – paragraph 1 – point a – point i a (new)
(ia) the type of product;
Amendment 313 #
Proposal for a regulation
Article 8 – paragraph 1 – point a – point ii
Article 8 – paragraph 1 – point a – point ii
(ii) a description of the product, including, where appropriate, specific rulesthe raw materials and information concerning the packaging and labelling, and the main stages of the production process;
Amendment 319 #
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. Where the applicant is a micro, small or medium-sized enterprise or a producer group consisting only of micro, small or medium-sized enterprises, the single document shall be prepared, upon their request, 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.
Amendment 322 #
Proposal for a regulation
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
Amendment 329 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Where a Member State charges a fee, the level of the fees shall not exceed the administrative costs incurred for the registration, and be reasonable, foster the competitiveness of the producers of the geographical indications and shall take into account the situationbe set in a way which is proportionate to the means of micro, small and medium- sized enterprises when they apply to them.
Amendment 333 #
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. By way of derogation to paragraph 3 of this Article, the Office shall charge a fee in the direct registration procedure referred to in Article 15, in the procedure referred to in Article 17(3) and for the appeals before the Boards of Appeal referred to in Article 30. Fees may be charged also for the amendment of the product specification and cancellation if the procedure concerns a name that was registered under Article 15 or Article 17(3). None of those fees shall exceed the costs incurred for the provision of the services in exchange of which they are paid.
Amendment 335 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Without prejudice to paragraph 4 of this Article and Article 15, each Member State shall maintain or designate a competent authority for the management of the national phase of the registration and other procedures related to the registration for geographical indications for craft and industrial products.
Amendment 337 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
The competent authority shall examine the application and shall checkthrough effective and transparent mechanisms, 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.
Amendment 341 #
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The competent authority shall ensure that its decision is made public and that any person having a legitimate interest has an opportunity to lodge an appeal. The competent authority shall ensure that the product specification on which its favourable decision is based is published, and shall provide access, including electronic access, to the product specification.
Amendment 348 #
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. When a Member State makes use of the derogation in accordance with paragraph 1, the concerned application from a producer group of that Member State for registration, cancellation or amendment tof the product specification of a geographical indication originating in the Union shall be addressed directly to the Office. In cases where Article 8(2) applies, the Office shall also prepare the single document on the basis of the information provided in accordance with Articles 7 and 9.
Amendment 355 #
Proposal for a regulation
Article 15 – paragraph 9
Article 15 – paragraph 9
Amendment 358 #
Proposal for a regulation
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
1. For geographical indications concerning products originating in the Union, the Union application for registration submitted by a Member State to the Office related to an applicant, shall comprise:
Amendment 361 #
Proposal for a regulation
Article 17 – paragraph 3 – introductory part
Article 17 – paragraph 3 – introductory part
3. For geographical indications concerning products originating in a third country or countries the application for registration is submitted to the Office, such application for registration shall comprise the following documents in an official language of the EU or translated into one of the official languages of the EU:
Amendment 364 #
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
5. The joint application referred to in Article 6(4) shall include, where relevant, the documents listed in paragraphs 1 and 2 of this Article, from the Member States or third countries concerned. The related national procedure for application, the examination and opposition procedure referred to in Articles 11, 12 and 13 shall be carried out in all the Member States and third countries concerned.
Amendment 368 #
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. Upon submission, the Office shall publish the Union application in the Union register of geographical indications for craft and industrial products in accordance with Regulations (EU) 2018/1725 and (EU) 2016/679.
Amendment 373 #
Proposal for a regulation
Article 19 – paragraph 6
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 groupapplicant 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 groupapplicant or competent authority, does not complete or correct 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)rejected and the Office shall inform the applicant that the application will be rejected pursuant to Article 24(2) if not completed or corrected within the following 14 days. The Office shall publish rejected applications in accordance with Regulations (EU) 2018/1725 and (EU) 2016/679.
Amendment 376 #
Proposal for a regulation
Article 19 – paragraph 7
Article 19 – paragraph 7
7. Where, based on the examination carried out pursuant to paragraph 1, the Office considers that the conditions laid down in this Regulation are fulfilled, within 7 calendar days, it shall publish for the purposes of opposition in the Union register of geographical indications for craft and industrial products the single document and the reference to the product specification on the webpage of the Member State concerned. The single document shall be published in the official languages of the Union.
Amendment 379 #
Proposal for a regulation
Article 20 – paragraph 2 – introductory part
Article 20 – paragraph 2 – introductory part
2. The Office shall be exempted from the obligation to meet the deadline to perform the examination laid down in Article 19(23) and toshall 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 14(1), which:
Amendment 383 #
Proposal for a regulation
Article 21 – paragraph 1
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’) as set out in Article 22 of this Regulation. The applicant and the opponent shall be considered a party to the procedure.
Amendment 388 #
Proposal for a regulation
Article 21 – paragraph 3
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 thessue a written invitation to 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 Union opponent pursuant to Article 170 of Regulation (EU) 2017(1001).
Amendment 392 #
Proposal for a regulation
Article 21 – paragraph 7
Article 21 – paragraph 7
7. Where, following the end of the consultations, the data published in accordance with Article 19(67) have been modified, the Office shall carry out a new examination of the modified application. Where the application for registration has been modified in a substantial manner, and the Office considers that the modified application meets the conditions for registration, within 7 calendar days, it shall publish the modified application in accordance with that paragraph.
Amendment 406 #
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
Amendment 411 #
Proposal for a regulation
Article 23 – paragraph 4
Article 23 – paragraph 4
4. When using a designation referred to in paragraph 1, for the purpose of transitional period, the indication of the country of origin shall clearly and visibly appear on the labelling.
Amendment 412 #
Proposal for a regulation
Article 23 – paragraph 5
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 lodgregistered with 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.
Amendment 417 #
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. Where, on the basis of the information available to the Office from the examination carried out pursuant to Article 19, the Office considers that any of the requirements referred to in that Article is not fulfilled, it shall adopt a decision rejecting the application for registration. Within 7 calendar days, the Office shall publish the rejection of the application in accordance with Regulations (EU) 2018/1725 and (EU) 2016/679.
Amendment 420 #
Proposal for a regulation
Article 24 – paragraph 7
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.
Amendment 422 #
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. Concerning applications for registration referred to in Articles 15 and 17, the Commission may take over from the Office, at any time before the end of the procedure, on its own initiative, on the initiative of a Member State or the Office, 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 relationsshall decide on the application for registration of the proposed geographical indication. The Office shall submit a proposal to the Commission for a decision pursuant to Article 24(2) to 24(6). The Commission shall adopt the final act on the application for registration. This paragraph shall apply mutatis mutandis to the cancellation and the amendment of the product specification.
Amendment 423 #
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
3. The Office 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) in accordance with Regulations (EU) 2018/1725 and (EU) 2016/679.
Amendment 424 #
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. A publicly and easily accessible electronic Union register of geographical indications for craft and industrial products shall be developed, kept and maintained by the Office for the management of geographical indications for craft and industrial products. Such electronic Union register will comply with Regulations (EU) 2018/1725 and (EU) 2016/679.
Amendment 428 #
Proposal for a regulation
Article 26 – paragraph 3 – point b
Article 26 – paragraph 3 – point b
(b) the class of thetype of product;
Amendment 431 #
Proposal for a regulation
Article 26 – paragraph 3 – point c
Article 26 – paragraph 3 – point c
(c) the reference to the legal instrument registering the name;
Amendment 436 #
Proposal for a regulation
Article 26 – paragraph 7
Article 26 – paragraph 7
7. The Office 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, andincluding in case of cancellation and refusal, for 10 years thereafter.
Amendment 439 #
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. The Office shall ensure that any person is able to easily download an official extract from the Union register of geographical indications for craft and industrial products that provides proof of registration or rejection of the geographical indication, and other 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.
Amendment 442 #
Proposal for a regulation
Article 27 – paragraph 2
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 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.
Amendment 443 #
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. A producer group, a producer or an authority designated by a Member State having a legitimate interest may apply for the approval of an amendment to the product specification of a registered geographical indication.
Amendment 447 #
Proposal for a regulation
Article 28 – paragraph 5 a (new)
Article 28 – paragraph 5 a (new)
5 a. 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 measures by the public authorities, or a natural disaster or a geopolitical event the consequences of such are formally recognised by the competent authorities.
Amendment 449 #
Proposal for a regulation
Article 28 – paragraph 8
Article 28 – paragraph 8
8. Standard amendments shall be approved by Member States or third countries in whose territory the geographical area of the product concerned is located. Such amendments shall be communicated to the Office. Where Article 25 applies, the Office shall approve the standard amendments. The Office shall make the those amendments public in the Union register of geographical indications for craft and industrial products, within 7 calendar days after their approval.
Amendment 452 #
Proposal for a regulation
Article 29 – paragraph 1 – introductory part
Article 29 – paragraph 1 – introductory part
1. The Office may, own its own initiative or on a duly substantiated request by a producer group, a Member State, a third country or any natural or legal person having a legitimate interest, decide to cancel the registration of a geographical indication in the following cases:
Amendment 455 #
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. The Office may, at the request of an authority designated by a Member State, the producer group or producer of the product marketed under the registered name, decide to cancel the corresponding registration.
Amendment 459 #
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Any party to a procedure regulated in this Regulation that is adversely affected by the decision taken by the OfficeCommission in that procedure may lodge an appeal to the Boards of Appeal referred to in Article 34 against the decision. The appealed decisions of the OfficeCommission shall take effect only as from the date of expiration of the appeal period referred to in paragraph 3. The filing of the appeal shall have suspensive effect. Member States shall also have the right to join the procedure.
Amendment 461 #
Proposal for a regulation
Article 30 – paragraph 5
Article 30 – paragraph 5
5. Following an examination of admissibility of the appeal, the Boards of Appeal shall decidepropose a decision on the appeal. The Boards of Appeal shall either exercise any power within the competence of the geographical indications division which was responsible for the decision appealed or remit the case to that geographical indication division for further prosecution. The Boards of Appeal may, on its own initiative or upon the written, reasoned request of a party, consult the Advisory Board as referred to in Article 33. The Office may offer mediation services pursuant to Article 170 of Regulation (EU) 2017/1001, with a view of assisting the parties reach an amicable settlement.
Amendment 462 #
Proposal for a regulation
Article 30 – paragraph 6
Article 30 – paragraph 6
6. Actions may be brought before the General Court against decisions of the Boards of AppealCommission in relation to appeals, within two months of the date of publication of the decision of the Boards of Appeal, on grounds of infringement of an essential procedural requirement, infringement of the TFEU, infringement of this Regulation or of any rule of law relating to their application or misuse of power. The action shall be open to any party to proceedings before the Boards of Appeal adversely affected by itsthe Commission decision and to any Member State. The General Court shall have jurisdiction to annul or to alter the contested decision.
Amendment 463 #
Proposal for a regulation
Article 30 – paragraph 7
Article 30 – paragraph 7
7. The decisions of the BoardsCommission shall be taken within 6 months after the filing of the notice of Aappeal, and shall take effect only as from the date of expiry of the appeal period or, if an action has been brought before the General Court within that period, as from the date of dismissal of such action or of any appeal filed with the Court of Justice against the decision of the General Court.
Amendment 465 #
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. For domain names registered under a country-code top-level domain name, administered or managed by a registry established in the Union, the Office shall provide a domain name information and alert system. Upon submission of an application for aregistration of the geographical indication, the information and alert system shall inform applicants forand right holders of a geographical indication about the availability of their geographical indication as a domain name, and on an optional basis once a domain name containing an identical or similar name with their geographical indication is registered (domain name alerts).
Amendment 466 #
Proposal for a regulation
Article 32 – paragraph 1 – introductory part
Article 32 – paragraph 1 – introductory part
1. A Geographical Indications Division, as a department of the Office, shall be responsible for takingsubmitting proposals to the Commission for decisions on behalf of the Office in relation to:
Amendment 467 #
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. Opposition and cancellation decision proposals 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 at least one member shall be technically qualified.
Amendment 475 #
Proposal for a regulation
Article 33 – paragraph 5
Article 33 – paragraph 5
5. The Advisory Board shall be composed of one representative of each Member State and, one representatives of the Commission and, their respective alternates. and experts in the field of geographical indications and the product category concerned, including from academia.
Amendment 479 #
Proposal for a regulation
Article 33 – paragraph 9
Article 33 – paragraph 9
9. The mandates of members of the Advisory Board shall be up to 5 years. Those mandates may be renewable once.
Amendment 480 #
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
In addition to the powers conferred upon it by Article 165 of Regulation (EU) 2017/1001, the Boards of Appeal instituted by that Regulation shall be responsible for decidingsubmitting a proposal to the Commission for a decision on appeals from decisions of the Geographical Indications Division as regards their decisions concerning geographical indications subject to Article 28 of this Regulation.
Amendment 481 #
Proposal for a regulation
Article 35 – paragraph 1 – introductory part
Article 35 – paragraph 1 – introductory part
1. Geographical indications entered in the Union register of geographical indications for craft and industrial products, including where those products are parts or components in manufactured products, as well as geographical indications protected by international agreements in the Union, shall be protected against:
Amendment 485 #
Proposal for a regulation
Article 35 – paragraph 1 – point b
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, transcripted, transliterated or accompanied by an expression such as ‘style’, ‘type’, ‘method’, ‘as produced in’, ‘imitation’, ‘flavour’'fragrance', ‘like’ or similar;
Amendment 489 #
Proposal for a regulation
Article 35 – paragraph 1 – point c
Article 35 – 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 relating to the products or on domain names, and the packing of the products in a container liable to convey a false impression as to their origin;
Amendment 494 #
Proposal for a regulation
Article 35 – paragraph 5
Article 35 – paragraph 5
5. The producer group, the holder of the registration, 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.
Amendment 508 #
Proposal for a regulation
Article 40 – paragraph 1
Article 40 – paragraph 1
1. Member States and, where applicable, the Office shall verify that the producer group operates in a transparent and democratic manner and that all producers of the product designated by the geographical indication enjoy right of membership in the group. Member States may provide that public officials, and other stakeholders such as consumer groups, retailers and suppliers, also participate in the work of the producer group.
Amendment 532 #
Proposal for a regulation
Article 44 – paragraph 5
Article 44 – paragraph 5
Amendment 536 #
Proposal for a regulation
Article 44 – paragraph 7
Article 44 – paragraph 7
Amendment 545 #
Proposal for a regulation
Article 45 – paragraph 2
Article 45 – paragraph 2
2. Competent authorities referred to in paragraph 1 shall be transparent, objective and impartial, and shall have at their disposal the qualified staff and resources necessary to carry out their functions.
Amendment 550 #
Proposal for a regulation
Article 46 – paragraph 6 a (new)
Article 46 – paragraph 6 a (new)
6 a. Member States shall draw up and keep up to date a list of producers of products designated by a geographical indication entered in the Union register originating in their territory.
Amendment 557 #
Proposal for a regulation
Article 48 – paragraph 5
Article 48 – paragraph 5
5. Member States may collect fees or charges to cover the costs of official controls in the marketpla in the event of repeated infringements by a producer. Such fees shall not exceed the costs incurred for performing the control on a given producer.
Amendment 565 #
Proposal for a regulation
Article 49 – paragraph 3
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, including penalties.
Amendment 568 #
Proposal for a regulation
Article 50 – paragraph 1
Article 50 – paragraph 1
1. Competent authorities may delegate official control tasks to one or more product certification bodies including natural persons. The competent authority shall ensure that the delegated product certification body or natural person, to which such tasks have been delegated, have the knowledge, the expertise, the infrastructure, and the powers needed to effectively perform these tasks.
Amendment 572 #
Proposal for a regulation
Article 50 – paragraph 2 – point b – point iii
Article 50 – paragraph 2 – point b – point iii
(iii) is to be transparent, impartial and free from any conflict of interest and in particular is not to be in a situation which may, directly or indirectly, affect the impartiality of its professional conduct as regards the performance of those official control tasks delegated to it; and
Amendment 576 #
Proposal for a regulation
Article 50 – paragraph 2 – point c – point iii
Article 50 – paragraph 2 – point c – point iii
(iii) are to act impartially, in a transparent manner, and are to be free from any conflict of interest as regards the exercise of those official control tasks delegated to them; and