Activities of Jean-Marie CAVADA related to 2016/0392(COD)
Legal basis opinions (0)
Amendments (18)
Amendment 24 #
Proposal for a regulation
Recital 15
Recital 15
(15) In some cases, food business operators may be required or may want to indicate the origin of spirit drinks to draw consumers’ attention to the qualities of their product. Such origin indications should comply with harmonised criteria. Therefore, specific provisions on the indication of the country of origin or place of provenance in the presentation and labelling of spirit drinks should be laid down.
Amendment 26 #
Proposal for a regulation
Recital 17
Recital 17
(17) Concerning the protection of geographical indications, it is important to have due regard to the Agreement on Trade-Related Aspects of Intellectual Property Rights (‘TRIPS Agreement’), and in particular Articles 22 and 23 thereof, and to the General Agreement on Tariffs and Trade (‘GATT Agreement’) which were approved by Council Decision 94/800/EC.12Furthermore, the protection of geographical indications should be extended to goods brought, in the course of trade, into the Union without being released for free circulation, where such goods, including packaging, come from third countries. _________________ 12 Council Decision 94/800/EC of 22 December 1994 concerning the conclusion on behalf of the European Community, as regards matters within its competence, of the agreements reached in the Uruguay Round multilateral negotiations (1986- 1994) (OJ L 336, 23.12.1994, p. 1).
Amendment 32 #
Proposal for a regulation
Recital 22
Recital 22
(22) In order to take into account evolving consumer demands, technological progress, developments in the relevant international standards and the need to improve the economic conditions of production and marketing, the traditional ageing processes and, in exceptional cases, the law of the importing third countries, and in order to ensure the protection of geographical indications, while taking into account the importance of traditionnal practices, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of the amendment of or derogations from the technical definitions and requirements of the categories of spirit drinks and the specific rules concerning some of them referred to under Chapter I of this Regulation, the labelling and presentation referred to under Chapter II of this Regulation, the geographical indications referred to under Chapter III of this Regulation and the checks and exchange of information referred under Chapter IV of this Regulation.
Amendment 36 #
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 2
Article 5 – paragraph 1 – subparagraph 2
The delegated acts referred to in points (a) and (b) of the first subparagraph shall be limited to meeting demonstrated needs resulting from evolving consumer demands, technological progress, developments in relevant international standards or needs for product innovation, whilst taking into account the importance of traditional practices.
Amendment 45 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Where the origin of a spirit drink is indicated, it shall correspond to the country or territory of origin in accordance with Article 60 of Regulation (EU) No 952/2013 of the European Parliament and of the Council16 . _________________ 16Regulation (EU) No 952/2013mean the place or region where the stage in the production process of the finished product which conferred ofn the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1)spirit drink its character and essential qualities took place.
Amendment 53 #
Proposal for a regulation
Article 18 – paragraph 2 – point c
Article 18 – paragraph 2 – point c
(c) any other false or misleading indication as to the provenance, origin, nature or essential qualities of the product, on the inner or outer packaging, advertising material or documents relating to the product concerned, and the packpresentation or labelling of the product in a container, liable to convey a false impression as to its origin;
Amendment 55 #
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 (new)
Article 18 – paragraph 2 – subparagraph 1 (new)
The protection for geographical indications referred to in the first subparagraph shall be extended to goods brought, in the course of trade, into the Union without being released for free circulation, where such goods, including packaging, come from third countries.
Amendment 67 #
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. Where, on the basis of the information available to the Commission from the scrutiny carried out pursuant to the first subparagraph of Article 23(1), the Commission considers that the conditions for registration are not fulfilled, it shall adopt implementing acts rejecting the application. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 44(2)delegated acts, in accordance with Article 43, supplementing this Regulation, in order to reject the application.
Amendment 69 #
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. If the Commission receives no notice of opposition or no admissible reasoned statement of opposition under Article 24, it shall adopt implementdelegated acts, ing acts, without applying the procedure referred to in Article 44(2),cordance with Article 43, supplementing this Regulation, in order to registering the name.
Amendment 70 #
Proposal for a regulation
Article 27 – paragraph 3 – point a
Article 27 – paragraph 3 – point a
(a) if an agreement has been reached, register the name by means of implementing acts adopted without applying the procedure referred to in Article 44(2),adopt delegated acts, in accordance with Article 43, supplementing this Regulation in order to register the name and, if necessary, amend the information published pursuant to Article 23(2) provided such amendments are not substantial; or
Amendment 71 #
Proposal for a regulation
Article 27 – paragraph 3 – point b
Article 27 – paragraph 3 – point b
(b) if an agreement has not been reached, adopt implementing acts deciding on the registration. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 44(2)delegated acts, in accordance with Article 43, supplementing this Regulation, in order to decide on the registration.
Amendment 74 #
Proposal for a regulation
Article 29 – paragraph 1 – introductory part
Article 29 – paragraph 1 – introductory part
The Commission mayis empowered to adopt delegated acts in accordance with Article 43, and supplementing this Regulation, on its own initiative or at the request of any natural or legal person having a legitimate interest, adopt implementing actsin order to cancel the registration of a geographical indication in the following cases:
Amendment 76 #
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
Amendment 80 #
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
The Commission shall adopt implementdelegated acts ing acts, without applying the procedure referred to in Article 44(2),cordance with Article 43, supplementing this Regulation by establishing and maintaining a publicly accessible updated electronic register of geographical indications of spirit drinks recognised under this scheme (‘the Register’).
Amendment 85 #
Proposal for a regulation
Article 32 – paragraph 3
Article 32 – paragraph 3
3. A name shall not be protected as a geographical indication if the production or preparation steps which are compulsory for the relevant category of spirit drink, do not take place in the relevant geographical area.
Amendment 86 #
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. The registration of a trademark which contains or consists of a geographical indication listed in the Register shall be refused or invalidated if its use would lead to any of the situations referred to in Article 18(2).
Amendment 88 #
Proposal for a regulation
Article 34 – title
Article 34 – title
Amendment 89 #
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. Without prejudice to paragraph 2, gGeographical indications of spirit drinks protected under Regulation (EC) No 110/2008, shall automatically be protected as geographical indications under this Regulation. The Commission shall list them in the Register.