Activities of Mazaly AGUILAR related to 2022/0089(COD)
Plenary speeches (2)
Geographical Indications for wine, spirit drinks and agricultural products (debate)
Geographical Indications for wine, spirit drinks and agricultural products (debate)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council on European Union geographical indications for wine, spirit drinks and agricultural products, and quality schemes for agricultural products, amending Regulations (EU) No 1308/2013, (EU) 2017/1001 and (EU) 2019/787 and repealing Regulation (EU) No 1151/2012
Amendments (45)
Amendment 209 #
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) geographical indications for wine, spirit drinks and agricultural products.
Amendment 254 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The Commission and the Member States shall process and make public the personal data received in the course of the procedures for registration, approval of amendments, cancellation, opposition, granting of transitional period and control pursuant to this Regulation, Regulation (EU) No 1308/2013 and Regulation (EU) 2019/787, in accordance with Regulations (EU) 2018/1725 and (EU) 2016/679.
Amendment 277 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. This Title covers wine, spirit drinks and agricultural products, including foodstuffs and fishery and aquaculture products, listed under Chapters 1 to 23 of the combined nomenclature set out in Annex I to Council Regulation (EEC) No 2658/8743 , and the additional agricultural products under the combined nomenclature headings and codes set out in Annex I to this Regulation. _________________ 43 Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).
Amendment 286 #
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) ‘geographical indication’, unless otherwise stated, means designations of origin and geographical indications of wine, as defined in Article 93 of Regulation (EU) No 1308/2013, designations of origin and geographical indications of agricultural products, as defined in Article 48 of this Regulation and geographical indications of spirit drinks, as defined in Article 3(4) of Regulation (EU) 2019/787, that are applied for or entered in the Union register of geographical indications referred to in Article 23;
Amendment 290 #
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
Amendment 302 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Applications for the registration of geographical indications may only be submitted by a producer group of a product ('applicant producer group'), the name of which is proposed for registration. ROther interested parties, including regional or local public bodies, may help in the preparation of the application and in the related procedure.
Amendment 304 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. An authority designated by a Member State or by a third country may be deemed to be an applicant producer group for the purposes of this Title, with respect to geographical indications of a spirit drink, if it is not feasible for the producers concerned to form a group by reason of their number, geographical location or organisational characteristics. In such case, the application referred to in Article 9(2) shall state those reasons.
Amendment 314 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The Member State shall scrutinise the application for registration in order to check that it meets the conditions for registration of the respective provisions for wine, spirit drinks or agricultural products as appropriate.
Amendment 323 #
Proposal for a regulation
Article 11 – paragraph 1 – point a
Article 11 – paragraph 1 – point a
Amendment 358 #
Proposal for a regulation
Article 13 – paragraph 1 – point a
Article 13 – paragraph 1 – point a
Amendment 367 #
Proposal for a regulation
Article 14 – paragraph 1 – point c – point i
Article 14 – paragraph 1 – point c – point i
Amendment 372 #
Proposal for a regulation
Article 15 – paragraph 6
Article 15 – paragraph 6
Amendment 386 #
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. Where, based on the scrutiny carried out pursuant to paragraph 1, the Commission considers that the conditions laid down in this Regulation and in Regulations (EU) No 1308/2013 and (EU) 2019/787, as appropriate, are fulfilled, it shall publish in the Official Journal of the European Union the single document and the reference to the publication of the product specification.
Amendment 393 #
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
Amendment 405 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Within 3 months from the date of publication in the Official Journal of the European Union of the single document and the reference to the product specification pursuant to Article 17(4), the authorities of a Member State or of a third country, or a natural or legal person having a legitimate interest, established or resident in a third country, may lodge an opposition or a notice of comment with the Commission.
Amendment 408 #
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. Any natural or legal person having a legitimate interest, established or resident in a Member State other than the one from which the Union application for registration was submitted, may lodge an opposition with the Member State, in which it is established or resident, within a time limit permitting an opposition or notice of comments to be lodged pursuant to paragraph (1).
Amendment 410 #
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. An opposition shall claim that the application could infringe the conditions laid down in this Regulation, Regulations (EU) No 1308/2013 or (EU) 2019/787, as appropriate, and give reasons. An opposition that does not contain the said claim shall be void.
Amendment 419 #
Proposal for a regulation
Article 19 – paragraph 5
Article 19 – paragraph 5
5. The authority or the person that lodged the opposition and the authority or applicant producer group that lodged the application shall start appropriate consultations without undue delay. They shall provide each other with the relevant information to assess whether the application for registration complies with this Regulation, Regulations (EU) No 1308/2013 or (EU) 2019/787, as appropriate.
Amendment 424 #
Proposal for a regulation
Article 19 – paragraph 9
Article 19 – paragraph 9
9. After completion of the opposition procedure, the Commission shall finalise its assessment of the Union application for registration, taking into account any request for transitional periods, the outcome of the opposition procedure, any notice of comments received and any other matters arising subsequently to its scrutiny that may imply a change of the single document.
Amendment 428 #
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 436 #
Proposal for a regulation
Article 20 – paragraph 1 – point a
Article 20 – paragraph 1 – point a
(a) the proposed geographical indication does not comply with the definition of the geographical indication or with the requirements referred to in this Regulation, Regulation (EU) No 1308/2013 or Regulation (EU) 2019/787 as the case may be;
Amendment 442 #
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. Where it receives no admissible opposition, the Commission shall adopt implementing acts, without applying the procedure referred to in Article 53(2), registering the geographical indication. The Commission may take in to account the notices of comments received in accordance with Article 19(1).
Amendment 449 #
Proposal for a regulation
Article 23 – paragraph 7
Article 23 – paragraph 7
Amendment 459 #
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. A recognized producer group having a legitimate interest may apply for the approval of an amendment to the product specification of a registered geographical indication.
Amendment 463 #
Proposal for a regulation
Article 25 – paragraph 1 a (new)
Article 25 – paragraph 1 a (new)
1a. Where a recognized producer group does not exist, a producer group having a legitimate interest may apply for the approval of an amendment to the product specification of a registered geographical indication.
Amendment 466 #
Proposal for a regulation
Article 25 – paragraph 3 – point a
Article 25 – paragraph 3 – point a
(a) includes a change in the name, or in the use of the name, or, for wine and spirit drinks, in the category of product or products designated by the geographical indication, or, for spirit drinks, in the legal name; or
Amendment 468 #
Proposal for a regulation
Article 25 – paragraph 3 – point b
Article 25 – paragraph 3 – point b
Amendment 481 #
Proposal for a regulation
Article 25 – paragraph 10
Article 25 – paragraph 10
Amendment 489 #
Proposal for a regulation
Article 26 – paragraph 2 a (new)
Article 26 – paragraph 2 a (new)
2a. After the cancellation of a designation of origin or a geographical indication, the use of the name on the market and its protection as another industrial property right shall be prohibited for a period of at least 10 years.
Amendment 495 #
Proposal for a regulation
Article 26 – paragraph 6
Article 26 – paragraph 6
Amendment 516 #
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
Amendment 537 #
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
Amendment 571 #
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
2. A producer group may be designated as recognised producer group subject to a prior agreement concluded between at least two-thirds minimum number of the producers of the product bearing a geographical indication, accounting for at least two-thirds of the production minimum volume or value of marketable production to be laid down by the Member States of that product in the geographical area referred to in the product specification. As an exception, an authority, as referred to in Article 8(2), and a single producer, as referred to in Article 8(3), shall be deemed to be a recognised producer group.
Amendment 601 #
Proposal for a regulation
Article 37 – paragraph 1 – point a
Article 37 – paragraph 1 – point a
(a) a symbol identifying protected designations of origin of wine and of agricultural products; and
Amendment 602 #
Proposal for a regulation
Article 37 – paragraph 1 – point b
Article 37 – paragraph 1 – point b
(b) a symbol identifying protected geographical indications of wine and of agricultural products and geographical indications of spirit drinks.
Amendment 607 #
Proposal for a regulation
Article 37 – paragraph 3
Article 37 – paragraph 3
3. By way of derogation from paragraph (2), in the case of wine and spirit drinks originating in the Union that are marketed under a geographical indication, Union symbols may be omitted from the labelling and advertising material of the product concerned.
Amendment 609 #
Proposal for a regulation
Article 37 – paragraph 5 – subparagraph 1
Article 37 – paragraph 5 – subparagraph 1
Where wine, agricultural products or spirit drinks are designated by a geographical indication the indications ‘protected designation of origin’ or ‘protected geographical indication’ shall appear on the labelling of wine, the indications ‘protected designation of origin’ or ‘protected geographical indication’ may appear on the labelling of agricultural products and the indication ‘geographical indication’ may appear on the labelling of spirit drinks, respectively.
Amendment 613 #
Proposal for a regulation
Article 37 – paragraph 6
Article 37 – paragraph 6
Amendment 615 #
Proposal for a regulation
Article 37 – paragraph 7
Article 37 – paragraph 7
Amendment 620 #
Proposal for a regulation
Article 37 – paragraph 9
Article 37 – paragraph 9
Amendment 665 #
Proposal for a regulation
Article 46
Article 46
Amendment 667 #
Proposal for a regulation
Article 47
Article 47
Amendment 739 #
Proposal for a regulation
Article 81 – paragraph 1 – point 1
Article 81 – paragraph 1 – point 1
Regulation (EU) 1308/2013
Article 93 – paragraph 1 – point b – indent ii
Article 93 – paragraph 1 – point b – indent ii
(ii) as originating in a specific place, region or, in exceptional cases country;
Amendment 740 #
Proposal for a regulation
Article 81 – paragraph 1 – point 1
Article 81 – paragraph 1 – point 1
Regulation (EU) 1308/2013
Article 93 – paragraph 1 – point b – indent iii
Article 93 – paragraph 1 – point b – indent iii
Amendment 744 #
Proposal for a regulation
Article 81 – paragraph 1 – point 2
Article 81 – paragraph 1 – point 2
Regulation (EU) 1308/2013
Article 94
Article 94