Activities of Emmanuel MAUREL 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
Shadow opinions (1)
OPINION 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 (128)
Amendment 28 #
Proposal for a regulation
Recital 13
Recital 13
(13) Member States should have the possibility to charge a registration fee to cover their costs of managing the geographical indication system for craft and industrial products. Member States should charge lower fees for micro, small or medium-sized enterprises (MSMEs). The Office should not charge a fee for the management of the Union application process. However, the Office should have the possibility to charge a fee for the direct registration. In that case, the fees charged by the Office, including lower fees for MSMEs to avoid putting them off the registration procedure, should be laid down by an implementing act in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council14. _________________ 14 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
Amendment 31 #
Proposal for a regulation
Recital 14
Recital 14
(14) To qgualify forrantee protection in theall Member States, geographical indications should be registered only at Union level. However, with effect from the date of application for such registration at Union level, Member States should be able to grant temporary protection at national level without affecting the internal market of the Union 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 if these third countries recognise and enforce the respect of geographical indications of the EU. The Office should carry out the corresponding procedures for geographical indications originating in third countries.
Amendment 33 #
Proposal for a regulation
Recital 17
Recital 17
(17) It is possible for certain Member States to obtain a derogation from the Member States’ obligation to designate a national authority in respect of geographical indications for craft and industrial products to take charge of the procedures for registration, national opposition, amendments to the product specification and cancellation of the registration under certain circumstances specified in this Regulation. That derogation, that should take the form of a Commission Decision, takes into account the fact that. Indeed, certain Member States do not have a specific national system for the management of geographical indications for craft and industrial products, and thats the local interest in these countries to to protect these geographical indications is minimal. Under these circumstances, it would not be justified to oblige the respective Member State to set up an infrastructure, employ the necessary personnel and purchase facilities for the management of these geographical indications. It is more effective and economical to provide an alternative procedure for the producer groups from these Member States to protect their products by a geographical indication. The “direct registration procedure” has cost advantages reaped by Member States. Pursuant to this derogation, (procedures for registration, amendments to the product specification and cancellation) shouldall be managed directly by the Office. In this regard the Office should receive the effective assistance of the administrative authorities of that Member State when required by the Office, through designation of a contact point, as regards in particular aspects related to the examination of the application. In those cases, the Office should be entitled to charge a registration fee, considering that this procedure generates more work for the Office than the management of Union applications. However, the application of the “direct registration procedure” should not exempt Member States from the obligation to designate a competent authority for the controls and enforcement and to take the necessary actions to enforce the rights set out in this Regulation. The competent authority maintained or designated for the management of the geographical indications and the competent authority designated for the controls and enforcement may differ, when a Member State so decides.
Amendment 34 #
Proposal for a regulation
Recital 18
Recital 18
Amendment 40 #
Proposal for a regulation
Recital 23
Recital 23
(23) The Union negotiates international agreements, including those concerning the protection geographical indications, with its trade partners. Protection of geographical indications for craft and industrial products throughout the Union can also sshould be a prerequisitem forom those agreements, irrespective of the international registrations provided under the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications or the application and registration system set out in this Regulation. In order to facilitate the provision to the public of information about the geographical indications protected in the Union either by virtue of the international registrations provided under the Geneva Act or by virtue of the international agreements with the Union trade partners, and in particular to ensure protection and control of the use to which those geographical indications are put, those geographical indications should be entered in the Union register of geographical indications for craft and industrial products.
Amendment 44 #
Proposal for a regulation
Recital 26
Recital 26
(26) To tackle the online sale of counterfeits and protect rights-holders and consumers, the Office should establish an information and alert system against the abusive use of craft and industrial geographical indications in the domain name system. This system should inform applicants, on the one hand, about the availability of the geographical indication as a domain name and, on the other hand, provide them with information once a domain name that is conflicting with their geographical indication is registered. Receiving such alerts would allow producers to take appropriate action more quickly and effectively. Registries of country-code top-level domain names, established in the Union, should provide the Office with all the information and data in their possession necessary to run the system as a task carried out in public interest, namely information on the availability of the geographical indication as a domain name and, as far as the alerts are concerned, the particulars of conflicting domain names, the dates of its application and registration. The information and data should be provided in a machine readable format. Making the information and data available to the Office is proportionate as it serves the legitimate purpose of ensuring better protection and enforcement of geographical indications as intellectual property in the online environment. This is even more so as regarding the alerts the transfer of domain name registration data is explicitly limited to those domain names that are identical or similar and therefore potentially capable of infringing the geographical indication concerned.
Amendment 46 #
Proposal for a regulation
Recital 28 a (new)
Recital 28 a (new)
(28a) To better protect geographical indications, tackle counterfeiting more effectively and in the interests of transparency and providing consumers with comprehensive information, the protection of geographical indications should also apply to names on online shops.
Amendment 50 #
Proposal for a regulation
Recital 35
Recital 35
(35) In order to avoid creating unfair conditions for competition, any producer, including a third-country producer, should be able to use a registered geographical indication, provided that the product concerned complies with the requirements of the relevant product specification, or single document or equivalent to the latter i.e. a complete summary of the product specification. The system set up by the Member States should also guarantee that producers complying with the rules are covered by the verification of compliance of the product specification.
Amendment 52 #
Proposal for a regulation
Recital 38
Recital 38
(38) The use of Union symbols and indications must feature on the packaging of craft and industrial products designated by a geographical indication should be recommended, as well as on online shops, in order to make this category of products, and the guarantees attached to them, better known to consumers and to permit easier identification of these products on the market, thereby facilitating checks. The use of such symbols or indications should remain voluntary for third-country geographical indications.
Amendment 56 #
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 57 #
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. Self- declaration should be subject to control by the competent authorities within a maximum of 3 months.
Amendment 59 #
Proposal for a regulation
Recital 42
Recital 42
(42) To guarantee compliance with the product specification after the product has been put on the market, competent authorities should perform official controls in the market, in person and on online shops including marketplaces, on a risk analysis and with appropriate frequency considering the likelihood of non- compliances including fraudulent or deceptive practices.
Amendment 60 #
Proposal for a regulation
Recital 43
Recital 43
(43) Enforcement of geographical indications in the marketplace is important to prevent fraudulent and deceptive practices thus ensuring that the producers of products designated by a geographical indication are properly rewarded for the added value of their products bearing a geographical indication and that illegal users of those geographical indications are prevented from selling their products. Therefore, apart from controls concerning the producers, Member States should also take appropriate administrative and judicial steps to prevent or stop the use of names on products or services that contravene the protected geographical indications, where such products are produced, marketed or such services are marketed, in their territory or online. For the purposes of enforcing geographical indications, measures, procedures and remedies set out in Directive 2004/48/EC17 of the European Parliament and of the Council are available as they are applicable to any infringement of intellectual property rights. _________________ 17 Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights.
Amendment 61 #
Proposal for a regulation
Recital 45
Recital 45
(45) The self-declaration should provide competent authorities with all necessary information onto ensure that the product and on its compliances with the product specification. To ensure that the information provided in the self-declaration is comprehensive, a harmonised structure for such declarations should be laid down in Annex. It is important to ensure that the self-declaration is filled in truthfully and accurately. Therefore, the producer should take full responsibility for the information provided in the self-declaration, and should be able to provide the necessary evidence to allow for the verification of that information.
Amendment 62 #
Proposal for a regulation
Recital 46
Recital 46
(46) Where a self-declaration certification procedure is in place, competent authorities should carry out random controls within 3 months after certification.
Amendment 78 #
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 81 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Applications for the registration of geographical indications shall only be submitted by a producer group of a product (‘applicant producer group’), the name of which is proposed for registration. RAt the request of the producer group, regional or local public entities mayshall help in the preparation of the application and in the related procedure.
Amendment 84 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. An authority designated by a Member State 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 85 #
Proposal for a regulation
Article 6 – paragraph 3 – introductory part
Article 6 – paragraph 3 – introductory part
3. A single producer mayshall be deemed to be an applicant producer group for the purposes of this Title, where both of the following conditions are fulfilled:
Amendment 87 #
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 packaging and labelling, and the main steps of the production process;
Amendment 90 #
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. Where the applicant is a micro, small or medium-sized enterprise, or a producer group composed solely of such enterprises, the competent authorities at national level should help draw up the single document, relying in particular on the information provided in the product specification.
Amendment 91 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 92 #
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, foster the competitiveness of the producers of the geographical indications and shall take into account the situation of micro, small and medium-sized enterprises (MSMEs). The fee should be lower for MSMEs to avoid putting them off the registration procedure because of the cost.
Amendment 94 #
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. By way of derogation to paragraph 3 of this Article, the Office shall charge a fee in the direct registration procedure referred to in Article 15, in the procedure referred to in Article 17(3) and for the appeals before the Boards of Appeal referred to in Article 30. Fees may be charged also for the amendment of the product specification and cancellation if the procedure concerns a name that was registered under Article 15 or Article 17(3). These fees should be lower for MSMEs to avoid putting them off the registration procedure.
Amendment 95 #
Proposal for a regulation
Article 15 – paragraph 1 – introductory part
Article 15 – paragraph 1 – introductory part
1. By way of derogation from Article 11, the Commission shall be empowered to exempt a Member StateA Member State may opt out from the obligation to designate a competent authority in accordance with Article 11(1) and to handle the management of the applications of geographical indications for craft and industrial products at national level, if the Member State, by 6 months from the date of entry into force of this Regulation, provides the Commission with evidence that shows that the following conditions are met shall inform the Commission of its decision to opt for the direct procedure:
Amendment 96 #
Proposal for a regulation
Article 15 – paragraph 1 – point a
Article 15 – paragraph 1 – point a
Amendment 97 #
Proposal for a regulation
Article 15 – paragraph 1 – point b
Article 15 – paragraph 1 – point b
Amendment 98 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
Amendment 99 #
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. When a Member State makes use of the derogation in accordance with paragraph 1irect procedure, the application from a producer group of that Member State for registration, cancellation or amendment of the product specification of a geographical indication originating in the Union shall be addressed directly to the Office.
Amendment 100 #
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. A Member State that has applied the derogationopted out in accordance with paragraph 1, may decide to withdraw its opt-out and designate a competent authority for the management of the applications of geographical indications for craft and industrial products. Such decision shall not affect any ongoing registration procedures. The Member State shall inform in writing the Commission of its decision to withdraw the opt-out.
Amendment 101 #
Proposal for a regulation
Article 15 – paragraph 5
Article 15 – paragraph 5
Amendment 102 #
Proposal for a regulation
Article 15 – paragraph 8
Article 15 – paragraph 8
8. Upon request by the Office, within 60 days from such request, the Member State, through the contact point, shall provide assistance in particular for the examination process. Upon request by the Member State, the time limit may be extended by 60 days. Such assistance shall include examining certain specific aspects of the applications lodged by the applicant with the Office, verifying certain information in the applications, issuing declarations concerning such information and replying to other requests for clarifications made by the Office in relation to the applications. The applicant shall be informed by the contact point of the response communicated to the Office.
Amendment 103 #
Proposal for a regulation
Article 15 – paragraph 9
Article 15 – paragraph 9
9. If the Member State, through the contact point, does not provide assistance within the time limit referred to in paragraph 8, the applicant shall be informed and given a time limit within which to respond, after which the application shall be deemed not to be filed.
Amendment 104 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The temporary national protection shall cease on the date on which either a decision on the application for registration is adopted or the application is, rejected or withdrawn.
Amendment 105 #
Proposal for a regulation
Article 17 – paragraph 3 – introductory part
Article 17 – paragraph 3 – introductory part
3. For geographical indications concerning products originating in a third country or countries the application for registration is submitted to the Office, such, and in order to respect a principle of reciprocity, the application may only come from a third country that recognises and enforces the Union's geographical indications. This application for registration shall comprise:
Amendment 106 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. A Union application for the registration of a geographical indication, including the direct registration referred to in Article 15, shall be submitted to the Office electronically, through a digital system by the competent authority of the Member State or where Article 15 applies, by the producer group concerned. The digital system shall have the capacity to allow the submission of applications to competent authorities of a Member State, and to be used by the Member State in its national procedure. The digital system shall be available in all official EU languages.
Amendment 107 #
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. The examination carried out pursuant to paragraph 1 shall not exceed a period of 6 months. Where the examination period exceeds or is likely to exceed 6 months, the Office shall inform the applicant of the reasons for the delay in writing.
Amendment 108 #
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
4. The Office may seek supplementary information from the Member State concerned. If the application is lodged by a producer group from a third country or by the competent authority of a third country, such producer group or competent authority shall provide supplementary information where requested to do so by the Office. The Office shall inform the Member State concerned thereof and may request further information from it.
Amendment 110 #
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. The time limit referred to in Article 2 shall be extended for the requisite time to provide the necessary responses. 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).
Amendment 111 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Member States, or the competent authority within them, shall keep the Office informed of any national administrative and judicial proceedings that may affect the registration of a geographical indication.
Amendment 112 #
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
3. The exemption set out in paragraph 2 shall have effect until the Office is informed by the Member State or its competent authority that the original application has been restored or that the Member State withdraws its request for suspension.
Amendment 113 #
Proposal for a regulation
Article 22 – paragraph 2 – point c
Article 22 – paragraph 2 – point c
Amendment 114 #
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
Amendment 115 #
Proposal for a regulation
Article 23 – paragraph 4
Article 23 – paragraph 4
4. When using a designation referred to in paragraph 1, the indication of the country of origin shall clearly and visibly appear on the labelling and in the description of the product in the event it is offered for sale on an ecommerce website.
Amendment 119 #
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. The Office shall ensure that any person is able to download free of charge 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.
Amendment 123 #
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. For domain names registered under a country-code top-level domain name, administered or managed by a registry established in the Union, the Office shall provide a domain name information and alert system. Upon submission of an application for a geographical indication, the information and alert system shall inform applicants for a geographical indication about the availability of their geographical indication as a domain name, and on an optional basis once a domain name containing an identical or similar name with their geographical indication is registered (domain name alerts). It shall be possible for a producer group to claim a domain name corresponding to the name of a geographical indication. The Office shall provide applicants with support on the procedures for acquiring the rights to the domain name for their geographical indication.
Amendment 125 #
Proposal for a regulation
Article 33 – paragraph 2 – point d
Article 33 – paragraph 2 – point d
Amendment 127 #
Proposal for a regulation
Article 33 – paragraph 5
Article 33 – paragraph 5
5. The Advisory Board shall be composed of one representative of each Member State and, one representatives of the Commission, experts in the field and their respective alternates.
Amendment 128 #
Proposal for a regulation
Article 33 – paragraph 8
Article 33 – paragraph 8
8. Procedures concerning the appointment of the members of the Advisory Board and its operation shall be specified in its rules of procedures as approved by the Management Board, shall ensure that no members can find themselves in a conflict of interest, and shall be made public.
Amendment 129 #
Proposal for a regulation
Article 33 – paragraph 9
Article 33 – paragraph 9
9. The mandates of members of the Advisory Board shall be up to 5 years. Those mandates may be renewable once.
Amendment 130 #
Proposal for a regulation
Article 35 – paragraph 1 – point c
Article 35 – paragraph 1 – point c
(c) any other false or misleading indication as to the provenance, origin, nature or essential qualities of the product that is used on the inner or outer packaging, advertising material, documents or information provided on websites or applications relating to the products, and the packing of the products in a container liable to convey a false impression as to their origin;
Amendment 133 #
Proposal for a regulation
Article 39
Article 39
Amendment 137 #
Proposal for a regulation
Article 40 – paragraph 2 – point d – point iii
Article 40 – paragraph 2 – point d – point iii
(iii) carrying out analyses into the economic and ecological performance, sustainability of production, and technical characteristics of the product designated by the geographical indication;
Amendment 138 #
Proposal for a regulation
Article 40 – paragraph 2 – point d – point v
Article 40 – paragraph 2 – point d – point v
(v) providing advice and training to current and future producers, including on corporate social responsibility, respect for the environment, employees’ rights, and gender mainstreaming and equality; and
Amendment 142 #
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, on the ecommerce website concerned and on advertising material. The geographical indication shall be in the same field of vision as the Union symbol.
Amendment 145 #
Proposal for a regulation
Article 44 – paragraph 4
Article 44 – paragraph 4
4. Indications, abbreviations and Union symbols may be used in the labelling and advertising materials of manufactured products when the geographical indication refers to aonly to a main part or main component thereof. In that case, the indication, abbreviation or Union symbol shall be placed next to the name of the part or component that is clearly identified as a part or component. The Union symbol shall not be placed in a manner that suggests to the consumer that the manufactured product rather than the part or component is the object of registration.
Amendment 147 #
Proposal for a regulation
Article 44 – paragraph 5
Article 44 – paragraph 5
Amendment 149 #
Proposal for a regulation
Article 44 – paragraph 7
Article 44 – paragraph 7
Amendment 154 #
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. , including on websites and applications accessible from the Union.
Amendment 158 #
Proposal for a regulation
Article 48 – paragraph 1
Article 48 – paragraph 1
1. Member States shall designate one or more enforcement authorities, which may be the same as the competent authorities referred to in Article 46(3) responsible for controls in the marketplace, including on websites and web applications, and enforcement of geographical indications after the craft and industrial product designated by a geographical indication has completed all production steps, whether it is in storage, transit, distribution, or offered for sale at wholesale or retail level, including in electronic commerce.
Amendment 159 #
Proposal for a regulation
Article 48 – paragraph 2
Article 48 – paragraph 2
2. The enforcement authority shall carry out regular controls, based on a risk analysis and notifications of interested producers of products designated by geographical indications, to ensure conformity with the product specification or the single document or an equivalent to the latter.
Amendment 160 #
Proposal for a regulation
Article 48 – paragraph 3
Article 48 – paragraph 3
3. Member States shall take appropriate administrative and judicial steps to prevent or stop the use of names on products or services that are produced, operated or marketed physically or on the internet in their territory and that contravenes the protection of geographical indications provided for in Articles 35 and 36.
Amendment 161 #
Proposal for a regulation
Recital 13
Recital 13
(13) Member States should have the possibility to charge a registration fee to cover their costs of managing the geographical indication system for craft and industrial products. Member States should charge lower fees for micro, small or medium-sized enterprises (MSMEs). The Office should not charge a fee for the management of the Union application process. However, the Office should have the possibility to charge a fee for the direct registration. In that case, the fees charged by the Office should be laid down by an implementing act in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council14, but at a lower amount for MSMEs so as not to lead to any discontinuation of the registration procedure. _________________ 14 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
Amendment 163 #
Proposal for a regulation
Article 49 – paragraph 3
Article 49 – paragraph 3
3. Where self-declarations are used competent authorities shall carry out randoma control within three months. In the event of breaches, Member States shall take all necessary measures to remedy the situation. and, if a breach proves to be intentional, the producer concerned may no longer make use of self-declarations.
Amendment 164 #
(14) To qualify forensure protection in all the Member States, geographical indications should be registered only at Union level. However, with effect from the date of application for such registration at Union level, Member States should be able to grant temporary protection at national level without affecting the internal market of the Union or international trade. The protection afforded by this Regulation upon registration should be equally available to geographical indications of third countries that, if those third countries recognise and enforce the Union's geographical indications, if they meet the corresponding criteria and that are protected in their country of origin. The Office should carry out the corresponding procedures for geographical indications originating in third countries.
Amendment 165 #
Proposal for a regulation
Article 62
Article 62
Amendment 170 #
Proposal for a regulation
Recital 17
Recital 17
(17) It is possible for certain Member States to obtain a derogation from the Member States’ obligation to designate a national authority in respect of geographical indications for craft and industrial products to take charge of the procedures for registration, national opposition, amendments to the product specification and cancellation of the registration under certain circumstances specified in this Regulation. That derogation, that should take the form of a Commission Decision, takes into account the fact that. Indeed, certain Member States do not have a specific national system for the management of geographical indications for craft and industrial products and that, since their local interest in these countries to protect these geographical indications is minimal. Under these circumstances, it would not be justified to oblige the respective Member State to set up an infrastructure, employ the necessary personnel and purchase facilities for the management of these geographical indications. It is more effective and economical to provide an alternative procedure for the producer groups from these Member States to protect their products by a geographical indication. The “direct registration procedure” has cost advantages reaped by Member States. Pursuant to this derogation, (procedures for registration, amendments to the product specification and cancellation) shouldall be managed directly by the Office. In this regard the Office should receive the effective assistance of the administrative authorities of that Member State when required by the Office, through designation of a contact point, as regards in particular aspects related to the examination of the application. In those cases, the Office should be entitled to charge a registration fee, considering that this procedure generates more work for the Office than the management of Union applications. However, the application of the “direct registration procedure” should not exempt Member States from the obligation to designate a competent authority for the controls and enforcement and to take the necessary actions to enforce the rights set out in this Regulation. The competent authority maintained or designated for the management of the geographical indications and the competent authority designated for the controls and enforcement may differ, when a Member State so decides.
Amendment 173 #
Proposal for a regulation
Recital 18
Recital 18
Amendment 181 #
Proposal for a regulation
Recital 23
Recital 23
(23) The Union negotiates international agreements, including those concerning the protection geographical indications, with its trade partners. Protection of geographical indications for craft and industrial products throughout the Union can also smust be a prerequisitem forom those agreements, irrespective of the international registrations provided under the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications or the application and registration system set out in this Regulation. In order to facilitate the provision to the public of information about the geographical indications protected in the Union either by virtue of the international registrations provided under the Geneva Act or by virtue of the international agreements with the Union trade partners, and in particular to ensure protection and control of the use to which those geographical indications are put, those geographical indications should be entered in the Union register of geographical indications for craft and industrial products.
Amendment 182 #
Proposal for a regulation
Recital 26
Recital 26
(26) TIn order to combat the online sale of counterfeit products, and to protect rights holders and consumers, the Office should establish an information and alert system against the abusive use of craft and industrial geographical indications in the domain name system. This system should inform applicants, on the one hand, about the availability of the geographical indication as a domain name and, on the other hand, provide them with information once a domain name that is conflicting with their geographical indication is registered. Receiving such alerts would allow producers to take appropriate action more quickly and effectively. Registries of country-code top-level domain names, established in the Union, should provide the Office with all the information and data in their possession necessary to run the system as a task carried out in public interest, namely information on the availability of the geographical indication as a domain name and, as far as the alerts are concerned, the particulars of conflicting domain names, the dates of its application and registration. The information and data should be provided in a machine readable format. Making the information and data available to the Office is proportionate as it serves the legitimate purpose of ensuring better protection and enforcement of geographical indications as intellectual property in the online environment. This is even more so as regarding the alerts the transfer of domain name registration data is explicitly limited to those domain names that are identical or similar and therefore potentially capable of infringing the geographical indication concerned.
Amendment 185 #
Proposal for a regulation
Recital 28 a (new)
Recital 28 a (new)
(28a) In order to strengthen geographical indication protection, to combat more effectively counterfeiting, and in the interests of transparency and consumer information, the protection of geographical indications should also apply to names on online sales websites.
Amendment 191 #
Proposal for a regulation
Recital 35
Recital 35
(35) In order to avoid creating unfair conditions for competition, any producer, including a third-country producer, should be able to use a registered geographical indication, provided that the product concerned complies with the requirements of the relevant product specification, or single document or equivalent to the latter i.e. a complete summary of the product specification. The system set up by the Member States should also guarantee that producers complying with the rules are covered by the verification of compliance of the product specification.
Amendment 195 #
Proposal for a regulation
Recital 38
Recital 38
(38) The use ofIt is necessary to display Union symbols and indications on the packaging of craft and industrial products designated by a geographical indication should be recommended, as well as on online sales websites, in order to make this category of products, and the guarantees attached to them, better known to consumers and to permit easier identification of these products on the market, thereby facilitating checks. The use of such symbols or indications should remain voluntary for third-country geographical indications.
Amendment 197 #
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 201 #
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. The self- declaration should be accompanied by controls by the competent authorities within a maximum of three months.
Amendment 202 #
Proposal for a regulation
Recital 42
Recital 42
(42) To guarantee compliance with the product specification after the product has been put on the market, competent authorities should perform official controls in the physical market and online sales websites, including marketplaces, on a risk analysis and with appropriate frequency considering the likelihood of non- compliances including fraudulent or deceptive practices.
Amendment 203 #
Proposal for a regulation
Recital 43
Recital 43
(43) Enforcement of geographical indications in the marketplace is important to prevent fraudulent and deceptive practices thus ensuring that the producers of products designated by a geographical indication are properly rewarded for the added value of their products bearing a geographical indication and that illegal users of those geographical indications are prevented from selling their products. Therefore, apart from controls concerning the producers, Member States should also take appropriate administrative and judicial steps to prevent or stop the use of names on products or services that contravene the protected geographical indications, where such products are produced, marketed or such services are marketed, in their territory or on the internet. For the purposes of enforcing geographical indications, measures, procedures and remedies set out in Directive 2004/48/EC17 of the European Parliament and of the Council are available as they are applicable to any infringement of intellectual property rights. _________________ 17 Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights.
Amendment 207 #
Proposal for a regulation
Recital 45
Recital 45
(45) The self-declaration should provide competent authorities with all necessary information onto ensure that the product and on its compliances with the product specification. To ensure that the information provided in the self-declaration is comprehensive, a harmonised structure for such declarations should be laid down in Annex. It is important to ensure that the self-declaration is filled in truthfully and accurately. Therefore, the producer should take full responsibility for the information provided in the self-declaration, and should be able to provide the necessary evidence to allow for the verification of that information.
Amendment 209 #
Proposal for a regulation
Recital 46
Recital 46
(46) Where a self-declaration certification procedure is in place, competent authorities should carry out random controls no later than three months after certification.
Amendment 270 #
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 273 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Applications for the registration of geographical indications shall only be submitted by a producer group of a product (‘applicant producer group’), the name of which is proposed for registration. RIf the producer group so requests, regional or local public entities mayshall help in the preparation of the application and in the related procedure.
Amendment 278 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. An authority designated by a Member State 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 283 #
Proposal for a regulation
Article 6 – paragraph 3 – introductory part
Article 6 – paragraph 3 – introductory part
3. A single producer mayshall be deemed to be an applicant producer group for the purposes of this Title, where both of the following conditions are fulfilled:
Amendment 314 #
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 packaging and labelling, and the main steps of the production process;
Amendment 321 #
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. Where the applicant is a micro, small or medium-sized enterprise or a producer group consisting only of micro, small or medium-sized enterprises, the competent authorities at national level shall assist with the preparation of the single document, on the basis of the information provided in the product specification.
Amendment 323 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 328 #
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, foster the competitiveness of the producers of the geographical indications and shall take into account the situation of micro, small and medium-sized enterprises (MSMEs). The amount of the fee shall be lower for MSMEs so that no registration procedure is discontinued due to its cost.
Amendment 332 #
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. By way of derogation to paragraph 3 of this Article, the Office shall charge a fee in the direct registration procedure referred to in Article 15, in the procedure referred to in Article 17(3) and for the appeals before the Boards of Appeal referred to in Article 30. Fees may be charged also for the amendment of the product specification and cancellation if the procedure concerns a name that was registered under Article 15 or Article 17(3). These fees should be of a lower amount for MSMEs, so as not to cause any discontinuation of the registration procedure.
Amendment 342 #
Proposal for a regulation
Article 15 – paragraph 1 – introductory part
Article 15 – paragraph 1 – introductory part
1. By way of derogation from Article 11, the Commission shall be empowered to exempt a Member StateA Member State may opt out from the obligation to designate a competent authority in accordance with Article 11(1) and to handle the management of the applications of geographical indications for craft and industrial products at national level, if the Member State, by 6 months from the date of entry into force of this Regulation, provides the Commission with evidence that shows that the following conditions are met informs the Commission of its choice to opt for the direct procedure:
Amendment 344 #
Proposal for a regulation
Article 15 – paragraph 1 – point a
Article 15 – paragraph 1 – point a
Amendment 345 #
Proposal for a regulation
Article 15 – paragraph 1 – point b
Article 15 – paragraph 1 – point b
Amendment 346 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
Amendment 349 #
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. When a Member State makes use of the derogation in accordance with paragraph 1irect procedure, the application from a producer group of that Member State for registration, cancellation or amendment of the product specification of a geographical indication originating in the Union shall be addressed directly to the Office.
Amendment 350 #
4. A Member State that has applied the derogationopts out in accordance with paragraph 1, may decide to withdraw its opt-out and designate a competent authority for the management of the applications of geographical indications for craft and industrial products. Such decision shall not affect any ongoing registration procedures. The Member State shall inform in writing the Commission of its decision to withdraw the opt-out.
Amendment 351 #
Proposal for a regulation
Article 15 – paragraph 5
Article 15 – paragraph 5
Amendment 354 #
Proposal for a regulation
Article 15 – paragraph 8
Article 15 – paragraph 8
8. Upon request by the Office, within 60 days from such request, the Member State, through the contact point, shall provide assistance in particular for the examination process. Upon request by the Member State, the time limit may be extended by 60 days. Such assistance shall include examining certain specific aspects of the applications lodged by the applicant with the Office, verifying certain information in the applications, issuing declarations concerning such information and replying to other requests for clarifications made by the Office in relation to the applications. The applicant shall be informed by the contact point of the response communicated to the Office.
Amendment 356 #
Proposal for a regulation
Article 15 – paragraph 9
Article 15 – paragraph 9
9. If the Member State, through the contact point, does not provide assistance within the time limit referred to in paragraph 8, the applicant shall be informed and shall have a period of time in which to respond, at the end of which the application shall be deemed not to be filed.
Amendment 357 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The temporary national protection shall cease on the date on which either a decision on the application for registration is adopted or the application is, rejected or withdrawn.
Amendment 360 #
Proposal for a regulation
Article 17 – paragraph 3 – introductory part
Article 17 – paragraph 3 – introductory part
3. For geographical indications concerning products originating in a third country or countries theand in order to respect a principle of reciprocity, the application may only come from a third country that recognises and enforces the Union's geographical indications. This application for registration is submitted to the Office, such application for registration shall comprise:
Amendment 366 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. A Union application for the registration of a geographical indication, including the direct registration referred to in Article 15, shall be submitted to the Office electronically, through a digital system by the competent authority of the Member State or where Article 15 applies, by the producer group concerned. The digital system shall have the capacity to allow the submission of applications to competent authorities of a Member State, and to be used by the Member State in its national procedure. The digital system shall be available in all the official languages of the Union.
Amendment 369 #
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. The examination carried out pursuant to paragraph 1 shall not exceed a period of 6 months. Where the examination period exceeds or is likely to exceed 6 months, the Office shall inform the applicant of the reasons for the delay in writing.
Amendment 371 #
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
4. The Office may seek supplementary information from the Member State concerned. If the application is lodged by a producer group from a third country or by the competent authority of a third country, such producer group or competent authority shall provide supplementary information where requested to do so by the Office. The office shall inform the Member State concerned and may request supplementary information from it.
Amendment 374 #
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. The period referred to in Article 2 shall be extended by the time needed to provide the necessary responses. 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).
Amendment 377 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Member States, or their competent authority, shall keep the Office informed of any national administrative and judicial proceedings that may affect the registration of a geographical indication.
Amendment 380 #
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
3. The exemption set out in paragraph 2 shall have effect until the Office is informed by the Member State, or its competent authority, that the original application has been restored or that the Member State withdraws its request for suspension.
Amendment 402 #
Proposal for a regulation
Article 22 – paragraph 2 – point c
Article 22 – paragraph 2 – point c
Amendment 405 #
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
Amendment 410 #
Proposal for a regulation
Article 23 – paragraph 4
Article 23 – paragraph 4
4. When using a designation referred to in paragraph 1, the indication of the country of origin shall clearly and visibly appear on the labelling and on the production description when it is marketed on an online sales website.
Amendment 440 #
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. The Office shall ensure that any person is able to download free of charge 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.
Amendment 464 #
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. For domain names registered under a country-code top-level domain name, administered or managed by a registry established in the Union, the Office shall provide a domain name information and alert system. Upon submission of an application for a geographical indication, the information and alert system shall inform applicants for a geographical indication about the availability of their geographical indication as a domain name, and on an optional basis once a domain name containing an identical or similar name with their geographical indication is registered (domain name alerts). It shall be possible for a producer group to claim a domain name corresponding to the name of a geographical indication. The Office shall provide applicants with support in connection with the procedures enabling them to obtain the rights to the domain name for their geographical indication.
Amendment 471 #
Proposal for a regulation
Article 33 – paragraph 2 – point d
Article 33 – paragraph 2 – point d
Amendment 476 #
Proposal for a regulation
Article 33 – paragraph 5
Article 33 – paragraph 5
5. The Advisory Board shall be composed of one representative of each Member State, domain experts and one representatives of the Commission and their respective alternates.
Amendment 477 #
Proposal for a regulation
Article 33 – paragraph 8
Article 33 – paragraph 8
8. Procedures concerning the appointment of the members of the Advisory Board and its operation shall be specified in its rules of procedures as approved by the Management Board, shall ensure that no member can find himself or herself in a conflict of interest, and shall be made public.
Amendment 478 #
9. The mandates of members of the Advisory Board shall be up to 5 years. Those mandates may be renewabled once.
Amendment 488 #
Proposal for a regulation
Article 35 – paragraph 1 – point c
Article 35 – paragraph 1 – point c
(c) any other false or misleading indication as to the provenance, origin, nature or essential qualities of the product that is used on the inner or outer packaging, advertising material, documents or information provided on websites or applications relating to the products, and the packing of the products in a container liable to convey a false impression as to their origin;
Amendment 502 #
Proposal for a regulation
Article 39
Article 39
Amendment 513 #
Proposal for a regulation
Article 40 – paragraph 2 – point d – point iii
Article 40 – paragraph 2 – point d – point iii
(iii) carrying out analyses into the economic and ecological performance, sustainability of production, and technical characteristics of the product designated by the geographical indication;
Amendment 514 #
Proposal for a regulation
Article 40 – paragraph 2 – point d – point v
Article 40 – paragraph 2 – point d – point v
(v) providing advice and training to current and future producers, including on corporate social responsibility, respect for the environment, employees’ rights, and gender mainstreaming and equality; and
Amendment 523 #
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, on the on- line sales site concerned and on advertising material. The geographical indication shall be in the same field of vision as the Union symbol.
Amendment 529 #
Proposal for a regulation
Article 44 – paragraph 4
Article 44 – paragraph 4
4. Indications, abbreviations and Union symbols may be used in the labelling and advertising materials of manufactured products when the geographical indication refers to aonly to a main part or main component thereof. In that case, the indication, abbreviation or Union symbol shall be placed next to the name of the part or component that is clearly identified as a part or component. The Union symbol shall not be placed in a manner that suggests to the consumer that the manufactured product rather than the part or component is the object of registration.
Amendment 530 #
Proposal for a regulation
Article 44 – paragraph 5
Article 44 – paragraph 5
Amendment 535 #
Proposal for a regulation
Article 44 – paragraph 7
Article 44 – paragraph 7
Amendment 544 #
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, including on websites and applications accessible from the Union.
Amendment 551 #
Proposal for a regulation
Article 48 – paragraph 1
Article 48 – paragraph 1
1. Member States shall designate one or more enforcement authorities, which may be the same as the competent authorities referred to in Article 46(3) responsible for controls in the marketplace, including on websites and web applications, and enforcement of geographical indications after the craft and industrial product designated by a geographical indication has completed all production steps, whether it is in storage, transit, distribution, or offered for sale at wholesale or retail level, including in electronic commerce.
Amendment 552 #
Proposal for a regulation
Article 48 – paragraph 2
Article 48 – paragraph 2
2. The enforcement authority shall carry out regular controls, based on a risk analysis and notifications of interested producers of products designated by geographical indications, to ensure conformity with the product specification or the single document or an equivalent to the latter.
Amendment 555 #
Proposal for a regulation
Article 48 – paragraph 3
Article 48 – paragraph 3
3. Member States shall take appropriate administrative and judicial steps to prevent or stop the use of names on products or services that are produced, operated or marketed physically or via the internet in their territory and that contravenes the protection of geographical indications provided for in Articles 35 and 36.
Amendment 564 #
Proposal for a regulation
Article 49 – paragraph 3
Article 49 – paragraph 3
3. Where self-declarations are used competent authorities shall carry out randoma control within three months. In the event of breaches, Member States shall take all necessary measures to remedy the situation and, if a breach proves to be intentional, the producer concerned may no longer make use of self-declarations.
Amendment 588 #
Proposal for a regulation
Article 62 – paragraph 1
Article 62 – paragraph 1