Activities of Raffaele STANCANELLI 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 (27)
Amendment 159 #
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) The competent authorities should take steps to ensure that a sign, symbol or other aspect of the labelling or method of presentation of a product that has a phonetic or visual similarity to a registered GI is not used illegally for commercial purposes to mislead consumers.
Amendment 162 #
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) Because micro, small and medium-sized enterprises have limited resources to deal with administrative tasks, the competent authorities should provide all necessary support tools, including financial support, to assist micro, small and medium-sized enterprises during the registration procedure.
Amendment 217 #
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Regulation applies to craft and industrinon- agricultural products listed under the combined nomenclature set out in Annex I to Council Regulation (EEC) No 2658/8724, excluding agricultural products and foodstuffs as protected by Regulations (EU) No 2019/787, No 1308/2013 and No 1151/2012 of the European Parliament and of the Council . _________________ 24 Council Regulation (EEC) N0 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 220 #
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
Amendment 223 #
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) ‘craft products’ means products 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 productor digitised, or where the design activity makes use of design tools, including digital tools, under the direct supervision of the company owner (from design to manufacture);
Amendment 224 #
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) ‘craftnon-agricultural products’ means all products 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 productother than those listed in Annex I to the Treaty on the Functioning of the European Union and those listed in Annex I to Regulation (EU) No 1151/2012 of the European Parliament and of the Council and, in general, any product intended for human consumption;
Amendment 229 #
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
Amendment 232 #
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 or processors, manufacturers, processors or any other operator working with the same product;
Amendment 238 #
Proposal for a regulation
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
(e) ‘production step’ means any stage of production, processing or preparation, as laid down in the product specification for the GI product, up to the point, where the product is in a form to be placed on the internal market;
Amendment 242 #
Proposal for a regulation
Article 3 – paragraph 1 – point f
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 community, with which a particular cultural community is identified. Historical usage means usage for a period that allows transmission between generations;
Amendment 246 #
Proposal for a regulation
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
(g) ‘producer’ means an operator engaged in anyone or more production steps of a product the name of which is protected as a geographical indication, including processing or preparation activities, covered by the product specification;
Amendment 253 #
Proposal for a regulation
Article 3 – paragraph 1 – point i
Article 3 – paragraph 1 – point i
(i) ‘product certification body’ means a legal person whichbody accredited by a national government authority to certifiesy 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 256 #
Proposal for a regulation
Article 3 – paragraph 1 – point j
Article 3 – paragraph 1 – point j
(j) ‘self-declaration’ means a document with content established in a specific form (determined in advance and uniform) 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. ;
Amendment 259 #
Proposal for a regulation
Article 3 – paragraph 1 – point k a (new)
Article 3 – paragraph 1 – point k a (new)
(ka) new point l: ‘technical expert’ means a person who provides specific detailed knowledge and expertise for the performance of the activities of the Office’s Geographical Indications Division, as described in Section 2 of this Regulation.
Amendment 266 #
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) at least one of the productionqualifying steps of the product takes place in the defined geographical area. As laid down in the specification, a qualifying step means a step in which the product is given the specific features establishing the link between a given quality, reputation or other characteristic of the product and the geographical origin referred to in Article 5(b);
Amendment 276 #
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. Member States shall ensure that the administrative burdens associated with the procedures for registering Geographical Indications are kept to a minimum in order to facilitate the registration of the products referred to in Article 2(1);
Amendment 302 #
Proposal for a regulation
Article 7 – paragraph 1 – point i – point i (new)
Article 7 – paragraph 1 – point i – point i (new)
(i) the name and contact details of the competent authority or product certification body verifying compliance with the provisions of the product specification;
Amendment 309 #
Proposal for a regulation
Article 8 – paragraph 1 – point a – point i – point a (new)
Article 8 – paragraph 1 – point a – point i – point a (new)
(a) the type of product (craft or industrial);
Amendment 330 #
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 be reasonable,avoid placing an excessive burden on businesses in order to foster the competitiveness of the producers of the geographical indications and shall take into account the situation ofs much as possible and shall consider the specific factors affecting micro, small and medium- sized enterprises.
Amendment 496 #
Proposal for a regulation
Article 36 – paragraph 1
Article 36 – paragraph 1
1. Article 35 is without prejudice to the use of a geographical indication by producers in conformity with Article 43 to indicate that a manufactured product contains, as a part or component, a product designated by that geographical indication provided that such use is made in accordance with honest commercial practices and does not weaken, dilute, or is not detrimental to, the reputation of the geographical indicationdoes not undermine the protection provided under Article 35.
Amendment 498 #
Proposal for a regulation
Article 37
Article 37
Amendment 503 #
Proposal for a regulation
Article 39
Article 39
Amendment 519 #
Proposal for a regulation
Article 42 – paragraph 4
Article 42 – paragraph 4
Amendment 543 #
Proposal for a regulation
Article 45 – paragraph 1 – point b
Article 45 – paragraph 1 – point b
(b) monitoring of the use of geographical indications in the marketplace, with a view, in particular, to combating unfair commercial practices, including electronic commerce.
Amendment 548 #
Proposal for a regulation
Article 46 – paragraph 6
Article 46 – paragraph 6
6. The costs of verification of compliance with the product specification may be borne by the producers, which are subject to those controls. Member States may also contribute to those costs. Any charges by a Member State shall be reasonable, encourage competitiveness on the part of producers using the geographical indications and factor in the situation of micro, small and medium- sized enterprises.
Amendment 556 #
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 marketplace. Any fee or commission charged by a Member State shall be reasonable, encourage competitiveness on the part of producers using geographical indications and factor in the situation of micro, small and medium-sized enterprises.
Amendment 558 #
Proposal for a regulation
Article 48 – paragraph 5 – subparagraph 1 (new)
Article 48 – paragraph 5 – subparagraph 1 (new)