Activities of Isabel CARVALHAIS related to 2022/0089(COD)
Plenary speeches (1)
Geographical Indications for wine, spirit drinks and agricultural products (debate)
Amendments (58)
Amendment 124 #
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on European Union geographical indicationquality schemes 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
Amendment 131 #
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) In its Communication of 30 June 2021 "A long-term vision for the EU's rural areas - Towards stronger, connected, resilient and prosperous rural areas by 2040", the Commission gave geographical indications a role among the flagship initiatives promoting prosperous rural areas, because of their contribution to the economic diversification of rural areas and strong association between a product and its territorial origin.
Amendment 212 #
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) gProtected Designations of Origin (PDO) and Protected Geographical iIndications (PGI) for wine, spirit drinks and agricultural products.agricultural products and foodstuffs and Geographical Indications of spirit drinks;
Amendment 216 #
Proposal for a regulation
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) tTraditional sSpecialities gGuaranteed (TSG) and optional quality terms for agricultural products.
Amendment 234 #
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) ‘traditional’ and ‘tradition’, associated with a product originating in a geographical area, means proven historical usage of the name by producers in a community for a period that allows transmission between generations; this period is to be at least 30 years and the said usage may embrace modifications necessitated by changing hygiene and safety practices;
Amendment 245 #
Proposal for a regulation
Article 2 – paragraph 1 – point i a (new)
Article 2 – paragraph 1 – point i a (new)
(ia) 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 48of 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 246 #
Proposal for a regulation
Article 2 – paragraph 1 – point i b (new)
Article 2 – paragraph 1 – point i b (new)
(ib) ‘wine’ means the products referred to in Part II, points 1, 3 to 6, 8, 9, 11, 15 and 16 of Annex VII to Regulation (EU) No 1308/2013;
Amendment 247 #
Proposal for a regulation
Article 2 – paragraph 1 – point i c (new)
Article 2 – paragraph 1 – point i c (new)
Amendment 248 #
Proposal for a regulation
Article 2 – paragraph 1 – point i d (new)
Article 2 – paragraph 1 – point i d (new)
(id) ‘agricultural products’ means products referred to in Article 5(1) excluding wine and spirit drinks;
Amendment 249 #
Proposal for a regulation
Article 2 – paragraph 1 – point i e (new)
Article 2 – paragraph 1 – point i e (new)
(ie) ‘combined nomenclature’ means the goods nomenclature established by Article 1 of Regulation (EEC) No 2658/87;
Amendment 250 #
Proposal for a regulation
Article 2 – paragraph 1 – point i f (new)
Article 2 – paragraph 1 – point i f (new)
(if) ‘recognised producer group’ means a formal association having legal personality and recognised by the competent national authorities as the sole group to act on behalf of all producers;
Amendment 251 #
Proposal for a regulation
Article 2 – paragraph 1 – point i g (new)
Article 2 – paragraph 1 – point i g (new)
(ig) ‘producer’ means an operator engaged in any production step of a product protected by a geographical indication, covered by the product specification;
Amendment 264 #
Proposal for a regulation
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) that consumers receive reliable information and a guarantee of authenticity of the quality, reputation or other characteristics linked to the place of production of such products and can readily identify them in the marketplace including in the domain name system and in electronic commerce;
Amendment 265 #
Proposal for a regulation
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) consumers receive reliable information and a guarantee of authenticity of the quality, reputation or other characteristics linked to the place of production of such products and can readily identify them in the marketplace including in electronic commerce and domain name;
Amendment 268 #
Proposal for a regulation
Article 4 – paragraph 1 – point e
Article 4 – paragraph 1 – point e
(e) effective enforcement and marketing throughout the Unionness of controls on compliance with the product specification and on the use of the registered name throughout the Union and in the domain system and in electronic commerce ensuring the integrity of the internal market.
Amendment 274 #
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 for human consumption, 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 282 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Products designated by geographical indications shall be classified according to the combined nomenclature at two, four or six digit level. Additional codes established pursuant to Articles 3 and 5 of Regulation (EEC) No 2658/1987 may be added to the combined nomenclature by the Commission, upon the request of a Member State. Where a geographical indication covers products of more than one category, each entry shall be specified. Product classification shall only be used for registration, statistical and record keeping purposes. The said classification shall not be used to determine comparable products for the purposes of protection against direct and indirect commercial use referred to in Article 27(1), point (a).
Amendment 283 #
Proposal for a regulation
Article 7
Article 7
Amendment 300 #
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. Regional or local public bodies may help inPublic bodies may provide technical advice for the preparation of the application and in the related procedure.
Amendment 305 #
Proposal for a regulation
Article 8 – paragraph 3 – point a
Article 8 – paragraph 3 – point a
(a) the person concerned is the only producer willing to submit anof that product at the time of the application for the registration of a geographical indication; and
Amendment 311 #
Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 1 (new)
Article 8 – paragraph 3 – subparagraph 1 (new)
In the case of wines, a single applicant shall be the winemaker.
Amendment 319 #
Proposal for a regulation
Article 9 – paragraph 7
Article 9 – paragraph 7
7. The Member State shall ensure that its decision, be it favourable or not, is made public and that any natural or legal person having a legitimate interest has an opportunity to lodge an appeal. The Member State shall alsoopted and ensure that the product specification on which its favourable decision is based is published, and shall provide electronic access to the product specification.
Amendment 321 #
Proposal for a regulation
Article 9 – paragraph 7 a (new)
Article 9 – paragraph 7 a (new)
7a. In the case of cross-border registration applications, the related national procedures, including the objection phase, shall be carried out in all Member States concerned
Amendment 340 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The sustainability undertakings referred to in paragraph (1) shallmay be included in the product specification or developed in separate initiatives.
Amendment 348 #
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
Amendment 371 #
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. The joint application for registration referred to in Article 8(4) shall include, as relevant, the documents listed in paragraph (1) or (2) from all Member States or third countries concerned. The related national procedures, including the opposition stage, shall be carried out in all the Member States concerned.
Amendment 374 #
Proposal for a regulation
Article 15 – paragraph 6
Article 15 – paragraph 6
Amendment 397 #
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
Amendment 432 #
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 456 #
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. A recognised producer group having a legitimate interest may apply for the approval of an amendment to the product specification of a registered geographical indication. Where a recognised producer group does not exist, a producer group, or in exceptional and duly justified cases, an individual producer which is the only producer, having a legitimate interest may apply for the approval of an amendment to the product specification of a registered geographical indication.
Amendment 482 #
Proposal for a regulation
Article 25 – paragraph 10
Article 25 – paragraph 10
Amendment 484 #
Proposal for a regulation
Article 26 – paragraph 1 – point b
Article 26 – paragraph 1 – point b
(b) where no product has been placed on the market under the geographical indication for atin the least seven consecutive years.
Amendment 494 #
Proposal for a regulation
Article 26 – paragraph 6
Article 26 – paragraph 6
Amendment 524 #
Proposal for a regulation
Article 27 – paragraph 4 – point a a (new)
Article 27 – paragraph 4 – point a a (new)
(aa) goods produced in the Union and destined to be exported and marketed in third countries; and
Amendment 529 #
Proposal for a regulation
Article 27 – paragraph 7 a (new)
Article 27 – paragraph 7 a (new)
7a. Where the geographical indication contains one or more non-generic terms, the use of one, some of them or all of them in the same or in a different order from the one registered, it shall constitute one of the conducts referred to in points (a) and (b) of paragraph 1.
Amendment 534 #
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. The geographical indication designating a product ingredient shall not be used in the food name of the related processed product, except in cases of an agreement in writing with athe producer group representing two thirds of the producers, who may establish minimum conditions for its usage, including the financial terms for contribution.
Amendment 540 #
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
Amendment 542 #
Proposal for a regulation
Article 30 – paragraph 5
Article 30 – paragraph 5
Amendment 614 #
Proposal for a regulation
Article 37 – paragraph 7
Article 37 – paragraph 7
Amendment 623 #
Proposal for a regulation
Article 38 – paragraph 2 – introductory part
Article 38 – paragraph 2 – introductory part
2. For the purposes of this Chapter, controls includemean:
Amendment 624 #
Proposal for a regulation
Article 38 – paragraph 3
Article 38 – paragraph 3
3. When performing the controls and enforcement activities provided for in this Title, the responsible competent authorities and product certification bodies shall comply with the requirements laid down in Regulation (EU) 2017/625. However, Title VI, Chapter 1, of Regulation (EU) 2017/625 shall not apply to controls of geographical indications.
Amendment 627 #
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
1. Member States shall draw up and keep up to datemake public a list of producers of products designated by a geographical indication entered in the Union register of geographical indications originating in their territory. and keep that information up to date.
Amendment 636 #
Proposal for a regulation
Article 39 – paragraph 3 – point b
Article 39 – paragraph 3 – point b
(b) one or more product certification bodies or natural person to which responsibilities have been delegated as referred to in Regulation (EU) 2017/625, Title II, Chapter III.
Amendment 646 #
Proposal for a regulation
Article 41 – paragraph 1 – point a
Article 41 – paragraph 1 – point a
(a) European standard ISO/IEC 17065:2012 ‘Conformity assessment — Requirements for bodies certifying products, processes and services, including European standard ISO/IEC 17020:2012 ‘Conformity assessment — Requirements for the operation of various types of bodies performing inspection’; or.
Amendment 657 #
Proposal for a regulation
Article 45 – title
Article 45 – title
45 Certificates of authorisation to producecompliance with product specifications
Amendment 662 #
Proposal for a regulation
Article 46
Article 46
Amendment 671 #
Proposal for a regulation
Article 47 – paragraph 1 – introductory part
Article 47 – paragraph 1 – introductory part
1. Where the Commission exercises any of the empowerments provided for in this Regulation to entrust tasks to EUIPO, it shall also be empowered to adopt delegated acts in accordance with Article 84 to supplement this Regulation by criteria for monitoring performance in the execution of such tasks. Such criteria may include: the efficiency of tasks and user satisfaction.
Amendment 674 #
Proposal for a regulation
Article 47 – paragraph 1 – point a
Article 47 – paragraph 1 – point a
Amendment 677 #
Proposal for a regulation
Article 47 – paragraph 1 – point b
Article 47 – paragraph 1 – point b
Amendment 679 #
Proposal for a regulation
Article 47 – paragraph 1 – point c
Article 47 – paragraph 1 – point c
Amendment 682 #
Proposal for a regulation
Article 47 – paragraph 1 – point d
Article 47 – paragraph 1 – point d
Amendment 683 #
Amendment 692 #
Proposal for a regulation
Article 48 – paragraph 6
Article 48 – paragraph 6
Amendment 695 #
Proposal for a regulation
Article 48 – paragraph 7
Article 48 – paragraph 7
Amendment 700 #
Proposal for a regulation
Article 50 – paragraph 3 a (new)
Article 50 – paragraph 3 a (new)
3a. The Commission shall be empowered to adopt delegated acts in accordance with Article 84 concerning restrictions and derogations with regard to the sourcing of feed in the case of a designation of origin.
Amendment 701 #
Proposal for a regulation
Article 50 – paragraph 3 b (new)
Article 50 – paragraph 3 b (new)
3b. The Commission shall be empowered to adopt delegated acts in accordance with Article 84 concerning restrictions and derogations with regard to the slaughtering of live animals or with regard to the sourcing of raw materials. These restrictions and derogations shall, based on objective criteria, take into account quality or usage and recognised know-how or natural factors.
Amendment 708 #
Proposal for a regulation
Article 54 – paragraph 2 – subparagraph 2 a (new)
Article 54 – paragraph 2 – subparagraph 2 a (new)
For the purposes of this chapter, ‘traditional’ and ‘tradition’ means proven historical usage of the name by producers in a community for a period that allows transmission between generations; this period is to be at least 30 years and the said usage may embrace modifications necessitated by changing hygiene and safety practices
Amendment 800 #
Proposal for a regulation
Article 84 – paragraph 2
Article 84 – paragraph 2
2. The power to adopt delegated acts referred to in Article 12(4), Article 14(2), Article 15(6), Article 17(5), Article 19(10), Article 23(7), Article 25(10), Article 26(6), Article 28(3), Article 299(10), Article 23(7), Article 28(3), Article 34(3), Article 46(1), Article 46, Article 47(1), Article 48(69(4), Article 48(750(3) ( a), Article 49(4),50 (e) (b) Article 51(3), Article 55(5), Article 56(2), Article 73(10), Article 69(4), Article 70(2), Article 58(3), Article 62(10), Article 67(3), Article 68(6), Article 76(4), Article 77(1), Article 78(3), Article 78(4), shall be conferred on the Commission for a period of 7 years from [date of entry into force of this Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than 9 months before the end of the seven-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than 3 months before the end of each period.