Activities of Adrián VÁZQUEZ LÁZARA related to 2022/0115(COD)
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 (63)
Amendment 150 #
Proposal for a regulation
Recital 3
Recital 3
(3) For many years, geographical indication protection has been established at Union level for wines, spirit drinks6 , aromatised wines7 , as defined at Union level, as well as agricultural products and foodstuffs8 , as protected at Union level. It is appropriate to provide Union-wide geographical indication protection in respect of products falling outside the scope of existing regulations, while ensuring convergence, and aiming at encompassing a large variety of craft and industrial products, such as natural stones, jewellery, textiles, lace, cutlery, glass and porcelain. Geographical indications for craft and industrial products will materialise their full potential when considered as a tool for public policy and not solely an intellectual property tool. _________________ 6 Regulation (EU) 2019/787 of the European Parliament and of the Council of 17 April 2019 on the definition, description, presentation and labelling of spirit drinks, the use of the names of spirit drinks in the presentation and labelling of other foodstuffs, the protection of geographical indications for spirit drinks, the use of ethyl alcohol and distillates of agricultural origin in alcoholic beverages, and repealing Regulation (EC) No 110/2008 (OJ L 130, 17.5.2019, p. 1). 7 Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (OJ L 347 20.12.2013, p. 671). 8 Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (OJ L 343, 14.12.2012, p. 1).
Amendment 198 #
Proposal for a regulation
Recital 40
Recital 40
(40) The added value of geographical indications is based on consumer trust. Such trust can only be well-founded if the registration of geographical indications is accompanied by effective verification and controls, including the producer’s due diligence.
Amendment 200 #
Proposal for a regulation
Recital 41
Recital 41
(41) In order to guarantee consumers of the specific characteristics of craft and industrial products protected by geographical indications, producers should be subject to a system that verifies compliance with the product specification before the product is put on the market. Member States should be free to establish a third-party verification system operated by the competent authorities, and the product certification bodies, to which those authorities delegate certain official control tasks or a verification system based on a producer’ s self-declaration. The self- declaration should be submitted to the competent authorities assuring conformity with the product specification.
Amendment 204 #
Proposal for a regulation
Recital 44
Recital 44
Amendment 205 #
Proposal for a regulation
Recital 45
Recital 45
Amendment 208 #
Proposal for a regulation
Recital 46
Recital 46
Amendment 214 #
Proposal for a regulation
Article 1 a (new)
Article 1 a (new)
Article 1 a Objectives This Title provides for a unitary and exclusive system of geographical indications, protecting the names of craft and industrial products having characteristics, attributes or reputation linked to their place of production, 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 resulting from 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) efficient registration of geographical indications taking into account the appropriate protection of intellectual property rights; and (e) effective enforcement and marketing throughout the Union and in electronic commerce ensuring the integrity of the internal market.
Amendment 231 #
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 processmanufacturers and/or processors and/or any other operators working with the same product;
Amendment 236 #
Proposal for a regulation
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
(e) ‘productionqualifying step’ means any stage of production, processing or preparation, up to the point, where the product is in a form to be placed on the internal market that, according to the specification, confers on the product those specific attributes that establish its link with a given quality, feature or characteristic and the geographical origin referred to in Article 5(b);
Amendment 237 #
Proposal for a regulation
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
(e) ‘production step’ means any stage of production, and/or processing and/or preparation, included in the specifications/description of the product, up to the point, where the product is in a form to be placed on the internal market;
Amendment 241 #
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 professional community for a period that allows transmission between generations; this period is to beat least 30 years and the said usage may embrace modifications necessitated by changing hygiene and safety practices;
Amendment 245 #
Proposal for a regulation
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
(g) 'producer' means an operator engaged in any production step of a product the name of which is protected as a geographical indication, including processing and/or preparation activities, covered by the product specification;
Amendment 255 #
Proposal for a regulation
Article 3 – paragraph 1 – point j
Article 3 – paragraph 1 – point j
Amendment 271 #
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) at least one of thethe main production steps of the product takes place in the defined geographical area.
Amendment 272 #
Proposal for a regulation
Article 5 – paragraph 1 – point c a (new)
Article 5 – paragraph 1 – point c a (new)
(ca) all imported products that will be part of the assembly of the final product must offer a guarantee that they have been produced in a sustainable way.
Amendment 275 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Applications for the registration of geographical indications shallmay 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 entities may help in the preparation of the application and in the related procedure.
Amendment 280 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. An authority designated by a Member State or a 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 282 #
Proposal for a regulation
Article 6 – paragraph 3 – introductory part
Article 6 – paragraph 3 – introductory part
3. ABy way of derogation from paragraph 1 (a) a single producer may be deemed to be an applicant producer group for the purposes of this Title, where both of the following conditions are fulfilled:
Amendment 288 #
Proposal for a regulation
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
3a. the use of the geographical indication shall be opened to any new producer(s) able to comply with the specifications;
Amendment 291 #
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 shall comply with a, the product concerned shall comply with objective and non-discriminatory product specifications, which shall include at least:
Amendment 296 #
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) the name to be protected as geographical indication which may be either a geographical name of the place of production of a specific product, or as well as a name used in trade or in common language to describe the specific product in the defined geographical area;
Amendment 304 #
Proposal for a regulation
Article 7 – paragraph 1 – point i a (new)
Article 7 – paragraph 1 – point i a (new)
Amendment 316 #
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 rules concerning composition, packaging and labelling,;
Amendment 318 #
Proposal for a regulation
Article 8 – paragraph 1 – point a – point iii a (new)
Article 8 – paragraph 1 – point a – point iii a (new)
(iiia) main steps of production;
Amendment 320 #
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. Where the applicant is a SME or a producer group consisting only of SMEs, the single document shall be prepared 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 336 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
The competent authority shall examine the application 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. The total examination period shall not exceed one year.
Amendment 375 #
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 group 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 group or competent authority, does not complete 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). The Office shall publish rejected application.
Amendment 381 #
Proposal for a regulation
Article 21 – title
Article 21 – title
21 OUnion opposition and comments procedure
Amendment 384 #
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). The applicant and the opponent shall be considered a party to the procedure.
Amendment 389 #
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 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 opponent pursuant to Article 170 of Regulation (EU) 2017(1001).
Amendment 390 #
Proposal for a regulation
Article 21 – paragraph 4
Article 21 – paragraph 4
4. The applicant and the Union opponent shall provide each other during the consultation with the relevant information to assess whether the application for registration complies with the conditions set out in this Regulation.
Amendment 393 #
Proposal for a regulation
Article 21 – paragraph 8
Article 21 – paragraph 8
Amendment 395 #
Proposal for a regulation
Article 21 – paragraph 9
Article 21 – paragraph 9
Amendment 397 #
Proposal for a regulation
Article 21 – paragraph 10
Article 21 – paragraph 10
Amendment 404 #
Proposal for a regulation
Article 22 a (new)
Article 22 a (new)
Article 22 a Notice of comment procedure 1. In order to correct inaccuracies in an ongoing registration procedure for a geographical indication, a competent authority of a Member State or of a third country, or a natural or legal person having a legitimate interest and established or resident in a third country or in another Member State may lodge a notice of comment with the Office within three months of the date of publication of the single document and the product specification reference in the Union register. 2. The notice of comment referred to in paragraph 1 shall not be based on the grounds for opposition referred to in Article 22. The competent authority or person that lodges a notice of comment shall not be considered to be a party to the procedure. 3. The Office shall share the notice of comment with the applicant and shall take the notice of comment into consideration when deciding on the application of the registration, unless it is unclear or obviously incorrect. 4. In order to facilitate the management of the notice of comment procedure, the Commission may adopt implementing acts laying down rules on the submission of such notice of comments and specifying their format and online presentation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 65(2).
Amendment 408 #
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
Amendment 413 #
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 lodged withregistered by 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 419 #
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 429 #
Proposal for a regulation
Article 26 – paragraph 3 – point b
Article 26 – paragraph 3 – point b
(b) the class of thetype of product;
Amendment 437 #
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. The Office shall ensure that any person is able to download an official extract from the Union register of geographical indications for craft and industrial products that provides proof of registration of the geographical indication, and the 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. Reasons leading to the rejection of an application shall be made accessible as well.
Amendment 441 #
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 a local authority 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 444 #
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. A producer group, a single producer or a competent authority having a legitimate interest may apply for the approval of an amendment to the product specification of a registered geographical indication.
Amendment 469 #
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. Opposition and cancellation decisions 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 have appropriate technical knowledge.
Amendment 470 #
Proposal for a regulation
Article 33 – paragraph 2 – point c a (new)
Article 33 – paragraph 2 – point c a (new)
(c a) the assessment of the link between the product and its geographical origin;
Amendment 473 #
Proposal for a regulation
Article 33 – paragraph 5
Article 33 – paragraph 5
5. The Advisory Board shall be composed of at least one representative of each Member State and one representatives of the Commission and their respective alternates. If deemed necessary, recognized expert in the field of geographical indications or of the concerned product, including representatives of regions shall be invited to join the Board on ad hoc basis.
Amendment 486 #
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 or accompanied by an expression such as ‘style’, ‘type’, ‘method’, ‘as produced in’, ‘imitation’, ‘flavour’, 'fragrance', ‘like’ or similar;
Amendment 490 #
Proposal for a regulation
Article 35 – paragraph 1 a (new)
Article 35 – paragraph 1 a (new)
1 a. The Provisions of paragraph (1) shall also apply where the protected products are parts or components of manufactured products.
Amendment 493 #
Proposal for a regulation
Article 35 – paragraph 5
Article 35 – paragraph 5
5. The producer group, the geographical indication holder 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 497 #
Proposal for a regulation
Article 36 – paragraph 1
Article 36 – paragraph 1
1. Article 35 is without prejudice to the use of a protected geographical indication by producers in conformity with Article 43 toname indicateing that a manufactured product contains or integrates, as a part or component, a product designated by that geographical indication provided that such use is made in accordance with honest commercial practices, is agreed with the geographical indication right holder and does not weaken, dilute, or is not detrimental to, the reputation of the geographical indication.
Amendment 522 #
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
1. A registered geographical indication may be used by any producer, geographical indication holder or operator marketing a product conforming to the corresponding product specification or to a single document or an equivalent to the latter.
Amendment 525 #
Proposal for a regulation
Article 44 – paragraph 2
Article 44 – paragraph 2
2. In the case of craft and industrial products originating in the Union that are marketed under a geographical indication, the Union symbol referred to in paragraph 1 mayshall appear on the labelling and advertising material. The name of the geographical indication shall be in the same field of vision as the Union symbol.
Amendment 528 #
Proposal for a regulation
Article 44 – paragraph 3
Article 44 – paragraph 3
3. The abbreviation ‘PGI’ corresponding to the indication ‘protected geographical indication’ mayshall appear on the labelling of products and advertising material designated by a geographical indication of craft and industrial products.
Amendment 533 #
Proposal for a regulation
Article 44 – paragraph 6
Article 44 – paragraph 6
6. The Union symbol indicating the protected geographical indication and the Union indication ‘protected geographical indication’ and the abbreviation ‘PGI’ as relevant, mayshall appear on the labelling and advertising material only after the publication of the decision on registration in accordance with Articles 24 and 25.
Amendment 560 #
Proposal for a regulation
Article 49 – title
Article 49 – title
49 Self-declaration certification procedure
Amendment 561 #
Proposal for a regulation
Article 49 – paragraph 1
Article 49 – paragraph 1
Amendment 562 #
Proposal for a regulation
Article 49 – paragraph 2
Article 49 – paragraph 2
Amendment 563 #
Proposal for a regulation
Article 49 – paragraph 3
Article 49 – paragraph 3
Amendment 566 #
Proposal for a regulation
Article 49 – paragraph 4
Article 49 – paragraph 4
Amendment 567 #
Proposal for a regulation
Article 49 – paragraph 5
Article 49 – paragraph 5
Amendment 578 #
Proposal for a regulation
Article 53 – paragraph 2
Article 53 – paragraph 2
2. The Office shall make public the names and addresses of the competent authorities and, product certification bodies referred to in Article 46(4) and natural persons referred to in Article 46(3)and update that information periodically.
Amendment 581 #
Proposal for a regulation
Article 55 – title
Article 55 – title
Orders to act against illegal online content
Amendment 582 #
Proposal for a regulation
Article 58 – paragraph 1
Article 58 – paragraph 1
1. A producer whose product, following the verification of compliance referred to in Article 46, is found to comply with the product specification of a geographical indication protected under this Regulation or that has, if applicable in the Member State concerned, properly submitted a self-declaration to the competent authority, shall be entitled to an official certificate, or other proof of certification, of eligibility to produce the product designated by the geographical indication concerned in respect of the production steps performed by the said producer.
Amendment 593 #
Proposal for a regulation
Annex I
Annex I