19 Amendments of Raffaele STANCANELLI related to 2022/0089(COD)
Amendment 45 #
Proposal for a regulation
Recital 11
Recital 11
(11) The Union has for some time been aiming at simplifying the regulatory framework of the Common Agricultural Policy. This approach should also apply to regulations in the field of geographical indications, without calling into question the specific characteristics of each sector. In order to simplify the lengthy registration and amendment procedures, harmonised procedural rules for geographical indications for wine, spirit drinks and agricultural products should be laid down in a single legal instrument, while maintaining product specific provisions for wine in Regulation (EU) No 1308/2013, for spirit drinks in Regulation (EU) 2019/787 and for agricultural products in this Regulation. This harmonisation should be accompanied by adequate support for small producers and associations of small producers in the form of various instruments, such as the organisation by national authorities and the European Commission of tailor-made training courses on the new rules to be introduced. The procedures for the registration, amendments to the product specification and cancellation of the registration in respect of geographical indications originating in the Union, including opposition procedures, should be carried out by the Member States and the Commission. The Member States and the Commission should be responsible for distinct stages of each procedure. Member States should be responsible for the first stage of the procedure, which consists of receiving the application from the producer group, assessing it, including running a national opposition procedure, and, following the results of the assessment, submitting the application to the Commission. The Commission should be responsible for scrutinising the application in the second stage of the procedure, including running a worldwide opposition procedure, and taking a decision on granting the protection to the geographical indication or not. Geographical indications should be registered only at Union level. However, with effect from the date of application with the Commission for registration at Union level, Member States should be able to grant transitional protection at national level without affecting the internal market or international trade. The protection afforded by this Regulation upon registration should be equally available to geographical indications of third countries that meet the corresponding criteria and that are protected in their country of origin. The Commission should carry out the corresponding procedures for geographical indications originating in third countries.
Amendment 70 #
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. This can be achieved by using the assistance for the scrutiny of the applications provided by the European Union Intellectual Property Office (EUIPO). While a partial outsourcing to EUIPO has been considered, the Commission wouldshall 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 87 #
Proposal for a regulation
Recital 56
Recital 56
(56) In order to supplement or amend certain non-essential elements of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of defining sustainability standards and laying down criteria for the recognition of existing sustainability standards; clarifying or adding items to be supplied as part of accompanying information; entrusting the EUIPO with the tasks related to scrutiny for opposition and the opposition procedure, operation of the register, publication of standard amendments to a product specification, consultation in the context of cancellation procedure, establishment and management of an alert system informing applicants about the availability of their geographical indication as a domain name, scrutiny of third country geographical indications other than geographical indications under the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications34 , proposed for protection pursuant to international negotiations or international agreements; establishing appropriate criteria for monitoring performance of the EUIPO in the execution of the tasks entrusted to it; laying down additional rules on the use of geographical indications to identify ingredients in processed products; laying down additional rules for determining the generic status of terms; establishing the restrictions and derogations with regard to the sourcing of feed in the case of a designation of origin; establishing restrictions and derogations with regard to the slaughtering of live animals or with regard to the sourcing of raw materials; laying down rules for determining the use of the denomination of a plant variety or of an animal breed; laying down rules which limit the information contained in the product specification for geographical indications and traditional specialities guaranteed; laying down further details of the eligibility criteria for traditional specialities guaranteed; laying down additional rules to provide for appropriate certification and accreditation procedures to apply in respect of product certification bodies; laying down additional rules to further detail protection of traditional specialities guaranteed; laying down for traditional specialities guaranteed additional rules for determining the generic status of terms, conditions for use of plant variety and animal breed denominations, and relation to intellectual property rights; defining additional rules for joint applications concerning more than one national territory and complementing the rules of the application process for traditional specialities guaranteed guaranteed; complementing the rules for the opposition procedure for traditional specialities guaranteed to establish detailed procedures and deadlines; supplementing the rules regarding the amendment application process for traditional specialities guaranteed; supplementing the rules regarding the cancellation process for traditional specialities guaranteed; laying down detailed rules relating to the criteria for optional quality terms; reserving an additional optional quality term, laying down its conditions of use; laying down derogations to the use of the term ‘mountain product’ and establishing the methods of production, and other criteria relevant for the application of that optional quality term, in particular, laying down the conditions under which raw materials or feedstuffs are permitted to come from outside the mountain areas. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making35 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 34 https://www.wipo.int/publications/en/detail s.jsp?id=3983 35 OJ L 123, 12.5.2016, p. 1.
Amendment 128 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. A Union application for the registration of a geographical indication shall be submitted to the Commission electronically, through a digital system. The digital system shall have the capacity to allow the submission of applications to national authorities of a Member State, and to be used by the Member State in its national procedure. No fee shall be charged for the procedure under this Regulation.
Amendment 149 #
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
Amendment 185 #
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 262 #
Proposal for a regulation
Article 25 – paragraph 10
Article 25 – paragraph 10
Amendment 285 #
Proposal for a regulation
Article 26 – paragraph 6
Article 26 – paragraph 6
Amendment 300 #
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. For the purposes of paragraph (1), point (b), the evocation of a geographical indication shall arise, in particular, where a term, sign, or other labelling or packaging device presents a direct and clear linklink is present with the product covered by the registered geographical indication in the mind of the reasonably circumspect consumer, thereby exploiting, weakening, diluting or being detrimental to the reputation of the registered name.
Amendment 327 #
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. A producer group shall be set up on the initiative of interested stakeholders, including farmers, farm suppliers, intermediate processors and final processors, as specified by the national authorities and according to the nature of the product concerned. Member States shall verify that the producer group operates in a transparent and democratic manner 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 works of the producer group. Member States may also establish credit or tax measures in favour of producers to set up the producer group proposing the registration of a geographical indication and to finance the costs of the registration procedure, as well as the costs of litigation necessary to protect the use of the geographical indications against any misuse, imitation, evocation or any other practice liable to mislead the consumer.
Amendment 336 #
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 347 #
1. Country-code top-levelThe domain name registries established in the Union may, upon the request of a natural or legal person having a legitimate interest or rightsshall, ex officio, 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 355 #
Proposal for a regulation
Article 34 – paragraph 3
Article 34 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts in accordance withArticle84 supplementing this Regulation by provisions entrusting EUIPO to establish andto establish the mechanism to manage a domain name information and alert system that would provide the applicant, upon the submission of an application for a geographical indication, with information about the availability of the geographical indication as a domain name and, on optional basis, the registration of a domain name identical to their geographical indication. That delegated act shall also include the obligation for registries of country-code top-level domain names, established in the Union, to provide EUIPOthe Commission with the relevant information and data.
Amendment 358 #
Proposal for a regulation
Article 35 – paragraph 1 – subparagraph 1 (new)
Article 35 – paragraph 1 – subparagraph 1 (new)
Any registration in the name of a person other than the producer group of a trade mark incorporating, imitating or evoking the name protected by a geographical indication shall be rejected
Amendment 372 #
Proposal for a regulation
Article 38 – paragraph 2 – point b
Article 38 – paragraph 2 – point b
(b) monitoring of the use of geographical indications in the marketplace, also online.
Amendment 386 #
Proposal for a regulation
Article 43 – paragraph 3 a (new)
Article 43 – paragraph 3 a (new)
3 a. Member States shall not adopt national rules, including of a technical nature, on the use of names for products or services that are produced, operated or marketed in their territory, which do not comply with Articles 27 and 28 of this Regulation and with Articles 7 and 17 of Regulation (EU) No1169/2011, and which do not comply with the principle of harmonisation in the Union food law system.
Amendment 396 #
Proposal for a regulation
Article 46 a (new)
Article 46 a (new)
Article 46 a Assistance and advice in relation to free trade agreements between the EU and third countries 1. At the request of a recognised producer group under Article 33, the EUIPO shall provide it with legal assistance and advice in order to support it in its actions for the safeguard of appellations of origin and geographical indications protected under this Regulation in third countries, with which the EU has concluded free trade agreements providing for the protection of appellations of origin and geographical indications. 2. For the submission of the application to the EUIPO and for the legal assistance and advice referred to in paragraph 1, no costs shall be incurred by the applicant recognised producer groups. 3. The EUIPO shall also provide for legal and advisory services during negotiations for the conclusion of free trade agreements between the EU and third countries within the meaning of Article 218 TFEU, which concern the protection of appellations of origin and geographical indications. 4. The Commission shall be empowered to adopt delegated acts in accordance with Article 84 supplementing this Regulation by rules on entrusting EUIPO with the tasks referred to in paragraphs 1 and 3.
Amendment 430 #
Proposal for a regulation
Article 81 – paragraph 1 – point 3 a (new)
Article 81 – paragraph 1 – point 3 a (new)
Regulation (EU) No 1308/2013
Article 113
Article 113
Amendment 431 #
Proposal for a regulation
Article 81 – paragraph 1 – point 3 b (new)
Article 81 – paragraph 1 – point 3 b (new)
(3 b) The following Article is inserted: ‘Article 113a Relationship with designations of origin and geographical indications 1.The registration of a traditional term the use of which would contravene Article 27 of Regulation .../... (the new GI Regulation) shall be rejected if the application for registration of the traditional term is submitted after the date of submission to the Commission of the application for the registration of the designation of origin or of the geographical indication. 2. Traditional terms registered in breach of paragraph 1 shall be invalidated by the Commission and, where applicable, the competent national authorities.’;