76 Amendments of Peter JAHR related to 2022/0089(COD)
Amendment 158 #
Proposal for a regulation
Recital 20
Recital 20
(20) In light of commercial practices and Union jurisprudence clarity is required on the use of a geographical indication in the sale name of a processed product of which the product designated by the geographical indication is an ingredient. It should be ensured that such use is made in accordance with fair commercial practices and does not weaken, dilute or is not detrimental to the reputation of the product bear, if there is no misuse, evocation or imitation withing the geographical indication. A consent of a large majority of the producers of geographical indications concerned should be required to allow such a usemeaning of Article 27(1).
Amendment 176 #
Proposal for a regulation
Recital 39
Recital 39
(39) The procedures for registration, amendment and cancellation of geographical indications, including the scrutiny and the opposition procedure, should be carried out in the most efficient way. This can be achieved by using the assistance for the scrutiny of the applications provided by the European Union Intellectual Property Office (EUIPO). While a partial outsourcing to EUIPO has been considered, the Commission would remain responsible for registration, amendment and cancellation, due to a strong relation with the Common Agricultural Policy and to the expertise needed to ensure that specificities of wine, spirit drinks and agricultural products are adequately assessed.
Amendment 179 #
Proposal for a regulation
Recital 39 a (new)
Recital 39 a (new)
(39a) According to the Special Report drafted by the European Court of Auditors1a, since the signature of the Memorandum of Understanding in 2018 between the Commission and the EUIPO, there has been no improvements in the length of the procedures regarding the analysis of GI product. _________________ 1a Special report 06/2022: EU intellectual rights - Protection not fully waterproof
Amendment 200 #
Proposal for a regulation
Recital 56
Recital 56
(56) In order to supplement or amend certain non-essential elements of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of defining sustainability standards and laying down criteria for the recognition of existing sustainability standards; clarifying or adding items to be supplied as part of accompanying information; entrusting the EUIPO with the tasks related to scrutiny for opposition and the opposition procedure, operation of the register, publication of standard amendments to a product specification, consultation in the context of cancellation procedure, establishment and management of an alert system informing applicants about the availability of their geographical indication as a domain name, scrutiny of third country geographical indications other than geographical indications under the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications34, proposed for protection pursuant to international negotiations or international agreements; establishing appropriate criteria for monitoring performance of the EUIPO in the execution of the tasks entrusted to it; laying down additional rules on the use of geographical indications to identify ingredients in processed products; laying down additional rules for determining the generic status of terms; establishing the restrictions and derogations with regard to the sourcing of feed in the case of a designation of origin; establishing restrictions and derogations with regard to the slaughtering of live animals or with regard to the sourcing of raw materials; laying down rules for determining the use of the denomination of a plant variety or of an animal breed; laying down rules which limit the information contained in the product specification for geographical indications and traditional specialities guaranteed; laying down further details of the eligibility criteria for traditional specialities guaranteed; laying down additional rules to provide for appropriate certification and accreditation procedures to apply in respect of product certification bodies; laying down additional rules to further detail protection of traditional specialities guaranteed; laying down for traditional specialities guaranteed additional rules for determining the generic status of terms, conditions for use of plant variety and animal breed denominations, and relation to intellectual property rights; defining additional rules for joint applications concerning more than one national territory and complementing the rules of the application process for traditional specialities guaranteed guaranteed; complementing the rules for the opposition procedure for traditional specialities guaranteed to establish detailed procedures and deadlines; supplementing the rules regarding the amendment application process for traditional specialities guaranteed; supplementing the rules regarding the cancellation process for traditional specialities guaranteed; laying down detailed rules relating to the criteria for optional quality terms; reserving an additional optional quality term, laying down its conditions of use; laying down derogations to the use of the term ‘mountain product’ and establishing the methods of production, and other criteria relevant for the application of that optional quality term, in particular, laying down the conditions under which raw materials or feedstuffs are permitted to come from outside the mountain areas. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making35. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 34 https://www.wipo.int/publications/en/detail s.jsp?id=3983 35 OJ L 123, 12.5.2016, p. 1.
Amendment 205 #
Proposal for a regulation
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
This Regulation lays down the rules on the following quality schemes:
Amendment 208 #
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) geographical indications for wine, spirit drinks and agricultural products.
Amendment 235 #
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) ‘traditional’ and ‘tradition’, associated with a product originating in a geographical area, means proven historical usage of the name by producers in a community for a period that allows transmission between generations; this period is to be at least 30 years and the said usage may embrace modifications necessitated by changing hygiene and safety practices;
Amendment 241 #
Proposal for a regulation
Article 2 – paragraph 1 – point f
Article 2 – paragraph 1 – point f
(f) ‘product certificationdelegated bodies’ means bodies within the meaning of Title II, Chapter III, of Regulation (EU) 2017/625 which certify that products designated by geographical indications or traditional specialities guaranteed comply with the product specification.
Amendment 253 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The Commission and the Member States shall process and make public the personal data received in the course of the procedures for registration, approval of amendments, cancellation, opposition, granting of transitional period and control pursuant to this Regulation, Regulation (EU) No 1308/2013 and Regulation (EU) 2019/787, in accordance with Regulations (EU) 2018/1725 and (EU) 2016/679.
Amendment 271 #
Proposal for a regulation
Article 4 – paragraph 1 – point e a (new)
Article 4 – paragraph 1 – point e a (new)
(ea) to promote and strengthen traditional local and regional products and the preservation of known-how
Amendment 275 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. This Title covers wine, spirit drinks and agricultural products, including foodstuffs and fishery and aquaculture products, listed under Chapters 1 to 23 of the combined nomenclature set out in Annex I to Council Regulation (EEC) No 2658/8743 , and the additional agricultural products under the combined nomenclature headings and codes set out in Annex I to this Regulation. _________________ 43 Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).
Amendment 285 #
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) ‘geographical indication’, unless otherwise stated, means designations of origin and geographical indications of wine, as defined in Article 93 of Regulation (EU) No 1308/2013, designations of origin and geographical indications of agricultural products, as defined in Article 48 of this Regulation and geographical indications of spirit drinks, as defined in Article 3(4) of Regulation (EU) 2019/787, that are applied for or entered in the Union register of geographical indications referred to in Article 23;
Amendment 291 #
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
Amendment 315 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The Member State shall scrutinise the application for registration in order to check that it meets the conditions for registration of the respective provisions for wine, spirit drinks or agricultural products as appropriate.
Amendment 326 #
Proposal for a regulation
Article 11 – paragraph 1 – point a
Article 11 – paragraph 1 – point a
Amendment 332 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. A producer group may agree on sustainability undertakings to be adhered to in the production of the product designated by a geographical indication. Such undertakings shall aim to apply a sustainability standard higher than mandated by Union or national law and go beyond good practice in significant respects in terms of social, environmental or, economic or animal health and welfare undertakings. Such undertakings shall be specific, shall take account of existing sustainable practices employed for products designated by geographical indications, and may refer to existing sustainability schemes.
Amendment 354 #
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
Amendment 361 #
Proposal for a regulation
Article 13 – paragraph 1 – point a
Article 13 – paragraph 1 – point a
Amendment 366 #
Proposal for a regulation
Article 14 – paragraph 1 – point c – point i
Article 14 – paragraph 1 – point c – point i
Amendment 381 #
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. The Commission shall scrutinise anyconduct the examination of the application for registration that it receives pursuant to Article 16(1). Such scrutiny shall consist of a check that there are no manifest errors,. The Commission shall verify that the information provided in accordance with Article 15 is complete and that the single document referred to in Article 13 is precise and technical in nature. It shall take into account the outcome of the national procedure carried out by the Member State concerned. It shall focus in particular on the single document referred to in Article 13.
Amendment 388 #
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. Where, based on the scrutiny carried out pursuant to paragraph 1, the Commission considers that the conditions laid down in this Regulation and in Regulations (EU) No 1308/2013 and (EU) 2019/787, as appropriate, are fulfilled, it shall publish in the Official Journal of the European Union the single document and the reference to the publication of the product specification.
Amendment 400 #
2. The Commission shall be exempted from the obligation to meet the deadline to perform the scrutiny referred to in Article 17(2) and toshall inform the applicant of the reasons for the delay where it receives a communication from a Member State, concerning an application for registration in accordance with Article 9(6), which:
Amendment 411 #
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. An opposition shall claim that the application could infringe the conditions laid down in this Regulation, Regulations (EU) No 1308/2013 or (EU) 2019/787, as appropriate, and give reasons. An opposition that does not contain the said claim shall be void.
Amendment 414 #
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
4. The Commission shall checkonduct the examination of the admissibility of the opposition. If the Commission considers that the opposition is admissible, it shall, within 5 months from the date of publication in the Official Journal of the European Union invite the authority or the person that lodged the opposition and the authority or the applicant producer group that lodged the application to engage in appropriate consultations for a reasonable period that shall not exceed 3 months. At any time during that period, the Commission may, at the request of the authority or the applicant producer group, extend the deadline for the consultations by a maximum of 3 months.
Amendment 420 #
Proposal for a regulation
Article 19 – paragraph 5
Article 19 – paragraph 5
5. The authority or the person that lodged the opposition and the authority or applicant producer group that lodged the application shall start appropriate consultations without undue delay. They shall provide each other with the relevant information to assess whether the application for registration complies with this Regulation, Regulations (EU) No 1308/2013 or (EU) 2019/787, as appropriate.
Amendment 430 #
Proposal for a regulation
Article 19 – paragraph 10
Article 19 – paragraph 10
10. The Commission shall be empowered to adopt delegated acts, in accordance with Article 84 supplementing this Regulation by detailed procedures and deadlines for the opposition procedure, for the official submission of comments by national authorities and persons with a legitimate interest, which will not trigger the opposition procedure and by rules on entrusting its tasks set out in this Article to EUIPO.
Amendment 434 #
Proposal for a regulation
Article 20 – paragraph 1 – point a
Article 20 – paragraph 1 – point a
(a) the proposed geographical indication does not comply with the definition of the geographical indication or with the requirements referred to in this Regulation, Regulation (EU) No 1308/2013 or Regulation (EU) 2019/787 as the case may be;
Amendment 448 #
Proposal for a regulation
Article 23 – paragraph 6
Article 23 – paragraph 6
6. The Commission shall retain documentation related to the registration of a geographical indication in digital or paper form for the period of validity of the geographical indication, and in case of cancellation. In case of cancellation, the documentation is retained for 10 years thereafter.
Amendment 453 #
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. Where a producer group has been recognised by the national authorities in accordance with Article 33, or a third country authority, that group shall be identified as the representatives of the rights' holder of the geographical indication in the Union register of geographical indications and in the official extract referred to in paragraph (1).
Amendment 460 #
Proposal for a regulation
Article 25 – paragraph 1 a (new)
Article 25 – paragraph 1 a (new)
1a. Where a recognised producer group does not exist, a producer group or in exceptional and duly justified cases, an individual producer which is the only producer having a legitimate interest may apply for the approval of an amendment to the product specification of a registered geographical indication;
Amendment 464 #
Proposal for a regulation
Article 25 – paragraph 2 a (new)
Article 25 – paragraph 2 a (new)
2a. Where a recognised producer group does not exist, a producer group or in exceptional and duly justified cases, an individual producer which is the only producer having a legitimate interest may apply for the approval of an amendment to the product specification of a registered geographical indication.
Amendment 469 #
Proposal for a regulation
Article 25 – paragraph 5
Article 25 – paragraph 5
5. A standard amendment shall be considered as a temporary amendment when it concerns a temporary change in the product specification resulting from the imposition of obligatory sanitary and phytosanitary measures by the public authorities or a temporary amendment necessary because the consequences of a natural disaster or, adverse weather condition, geopolitical event or any exceptional circumstances formally recognised by the competent authorities.
Amendment 474 #
Proposal for a regulation
Article 25 – paragraph 7
Article 25 – paragraph 7
7. Applications for Union amendments submitted by a third country or by producers groups, or in exceptional and duly justified case an individual producer in a third country shall contain proof that the requested amendment complies with the laws on the protection of geographical indications in force in that third country.
Amendment 496 #
Proposal for a regulation
Article 26 – paragraph 6
Article 26 – paragraph 6
Amendment 517 #
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
Amendment 530 #
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
(1) Article 27 is without prejudice to the use of a geographical indication by operators in conformity with Article 36 to indicate that a processed product contains, as an ingredient, a product designated by that geographical indication provided that such if there is no unlawful misuse, is made in accordance with honest commercial practices and does not weaken, dilute or is not detrimental to the reputation of the geographical indicationmitation or evocation within the meaning of Article 27(1).
Amendment 532 #
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
Amendment 533 #
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. The name of a geographical indication designating a productproduct used as an ingredient shall notmay be used in the food name of the related processed product, except in cases of an agreement with a producer group representing two thirds of the producers, labelling or packaging device or advertising of a processed product subject to the existence of authorisation and control provisions to allow the recognised producer group to ensure a fair use of the GI name.
Amendment 535 #
Amendment 547 #
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. A producer group shall be set up on the initiative of interested stakeholders, including farmers, farm suppliers, intermediate processors and finaland may be composed of producers or processors, as specified by the competent national authorities with regard to constitution rules, and according to the nature of the product concerned. Member States shall verify that the producer group operates in a transparent and democratic manner and that all producers of the product designated by theWithout prejudice to Article 32.2, national authorities may, in accordance with national laws, define the tasks, powers and responsibilities granted to a producer group. Member States may lay down rules to ensure that only one group can operate for each geographical indication enjoy right ofand that membership inof the group. Member States may provide that public officials, and other stakeholders such as consumer groups, retailers and suppliers, also participate in the works of the producer group. and participation in operating costs is compulsory for all GI producers. A producer group may be set up at the initiative of a Member State.
Amendment 554 #
Proposal for a regulation
Article 32 – paragraph 2 – point b
Article 32 – paragraph 2 – point b
(b) take legal action, including but not limited to action before the civil and criminal courts, to ensure protection of the geographical indication and of the intellectual property rights that are directly connected with it;
Amendment 556 #
Proposal for a regulation
Article 32 – paragraph 2 – point c
Article 32 – paragraph 2 – point c
(c) agree sustainability undertakings, whether or not included in the product specification or as a separate initiative, including arrangements for verification of compliance with those undertakings and assuring adequate publicity for them notably in an information system provided by the Commission;
Amendment 576 #
Proposal for a regulation
Article 33 – paragraph 3 – point c a (new)
Article 33 – paragraph 3 – point c a (new)
(ca) to be consulted in regard to the protection of their name, in the context of international trade negotiations;
Amendment 616 #
Proposal for a regulation
Article 37 – paragraph 7
Article 37 – paragraph 7
Amendment 625 #
Proposal for a regulation
Article 38 – paragraph 3
Article 38 – paragraph 3
3. When performing the controls and enforcement activities provided for in this Title, the responsible competent authorities and product certificationdelegated bodies shall comply with the requirements laid down in Regulation (EU) 2017/625. However, Title VI, Chapter 1, of Regulation (EU) 2017/625 shall not apply to controls of geographical indications.
Amendment 626 #
Proposal for a regulation
Article 38 – paragraph 3
Article 38 – paragraph 3
3. When performing the controls and enforcement activities provided for in this Title, the responsible competent authorities and product certificationdelegated bodies shall comply with the requirements laid down in Regulation (EU) 2017/625. However, Title VI, Chapter 1, of Regulation (EU) 2017/625 shall not apply to controls of geographical indications.
Amendment 635 #
Proposal for a regulation
Article 39 – paragraph 3 – point b
Article 39 – paragraph 3 – point b
(b) one or more product certificationdelegated bodies to which responsibilities have been delegated as referred to in Regulation (EU) 2017/625, Title II, Chapter III.
Amendment 637 #
(b) one or more product certificationdelegated bodies.
Amendment 640 #
Proposal for a regulation
Article 40 – title
Article 40 – title
Public information on competent authorities and product certificationdelegated bodies
Amendment 641 #
Proposal for a regulation
Article 40 – paragraph 1
Article 40 – paragraph 1
1. Member States shall make public the names and addresses of the competent authorities and product certificationdelegated bodies referred to in Article 39(3) and keep that information up-to-date.
Amendment 642 #
Proposal for a regulation
Article 40 – paragraph 2
Article 40 – paragraph 2
2. The Commission shall make public the names and addresses of the competent authorities and product certificationdelegated bodies referred to in Article 39(4) and update that information periodically.
Amendment 643 #
Proposal for a regulation
Article 40 – paragraph 3
Article 40 – paragraph 3
3. The Commission may establish a digital portal where the names and addresses of the competent authorities and product certificationdelegated bodies referred to in paragraphs 1 and 2 are made public.
Amendment 644 #
Proposal for a regulation
Article 41 – title
Article 41 – title
Accreditation of product certificationdelegated bodies
Amendment 645 #
Proposal for a regulation
Article 41 – paragraph 1 – introductory part
Article 41 – paragraph 1 – introductory part
1. The product certificationdelegated bodies referred to in Article 39(3), point (b) and Article 39(4), point (b) shall comply with and be accredited in accordance with:
Amendment 660 #
Proposal for a regulation
Article 45 – paragraph 2
Article 45 – paragraph 2
2. The proof of certificationompliance referred to in paragraph 1 shall be made available on request to enforcement authorities, customs or other authorities in the Union engaged in verifying the use of geographical indications on goods declared for free circulation or placed on the internal market. The producer may make the proof of certificationompliance available to the public or to any person who requests such proof in the course of business.
Amendment 688 #
Proposal for a regulation
Article 48 – paragraph 3 – point b
Article 48 – paragraph 3 – point b
(b) products and/or products names that, without prejudice to the rules referred to in Article 5(2), are contrary to public policy or to accepted principles of morality and may not be placed on the internal market.
Amendment 690 #
Proposal for a regulation
Article 48 – paragraph 5
Article 48 – paragraph 5
5. For the purposes of paragraphs (1), point (b) and (2), point (b), ‘other characteristic’ may include traditional production practices, traditional product attributes and farming practices that protect environmental value including biodiversity, habitats, nationally recognised environmental zones and landscape.
Amendment 693 #
Proposal for a regulation
Article 48 – paragraph 6 a (new)
Article 48 – paragraph 6 a (new)
6a. In duly justified cases and in order to take into account natural constraints affecting agricultural production in certain mountain or disadvantaged areas, the Commission shall be empowered to adopt a delegated act laying down the conditions under which slaughtering can take place outside of the geographical area;
Amendment 742 #
Proposal for a regulation
Article 81 – paragraph 1 – point 1 a (new)
Article 81 – paragraph 1 – point 1 a (new)
Regulation (EU) 1308/2013
Article 93 – paragraph 1 a (new)
Article 93 – paragraph 1 a (new)
1a. In Article 93 the following paragraph is added: 1a. For the purpose of Article 93(1), point (a) and, point (b) ‘other characteristic’ may include traditional production practices, traditional product attributes and farming practices that protect environmental value including biodiversity, habitats, nationally recognised environmental zones and landscape.
Amendment 745 #
Proposal for a regulation
Article 81 – paragraph 1 – point 2
Article 81 – paragraph 1 – point 2
Regulation (EU) 1308/2013
Article 94
Article 94
Amendment 752 #
Proposal for a regulation
Article 81 – paragraph 1 – point 2
Article 81 – paragraph 1 – point 2
Regulation (EU) 1308/2013
Article 94 – paragraph 2 a (new)
Article 94 – paragraph 2 a (new)
2a. The sustainability undertakings referred to in paragraph 1 shall be without prejudice to requirements for compliance with hygiene, safety standards and competition rules.
Amendment 756 #
Proposal for a regulation
Article 81 – paragraph 1 – point 2 a (new)
Article 81 – paragraph 1 – point 2 a (new)
Regulation (EU) 1308/2013
Article 94 a (new)
Article 94 a (new)
Amendment 757 #
Proposal for a regulation
Article 81 – paragraph 1 – point 2 b (new)
Article 81 – paragraph 1 – point 2 b (new)
Regulation (EU) 1308/2013
Article 94 b (new)
Article 94 b (new)
(2b) Article 94b is inserted as follows: 1. A producer group may agree on economic, environmental, or social sustainability undertakings to be adhered to in the production of the product designated by a designation of origin or a geographical indication. Such undertakings shall be specific, shall take account of existing sustainable practices employed for products designated by designations of origin or geographical indications, and may refer to existing sustainability schemes. 2. The sustainability undertakings referred to in paragraph (1) may be included in the product specification or developed in separate initiatives. 3. The sustainability undertakings referred to in paragraph (1) shall be without prejudice to requirements for compliance with hygiene, safety standards and competition rules.
Amendment 758 #
Proposal for a regulation
Article 81 – paragraph 1 – point 3
Article 81 – paragraph 1 – point 3
Amendment 763 #
Proposal for a regulation
Article 81 – paragraph 1 – point 3 a (new)
Article 81 – paragraph 1 – point 3 a (new)
Regulation (EU) 1308/2013
Article 103 – paragraph 2
Article 103 – paragraph 2
(3a) Article 103 paragraph 2 is modified as follows: 2. A protected designation of origin and a protected geographical indication, as well as the wine using that protected name in conformity with the product specifications, shall be protected against: (a) any direct or indirect commercial use of that protected name, including the use for products used as ingredients: (i) by comparable products not complying with the product specification of the protected name; (ii) in so far as such use exploits, weakens, dilutes or is detrimental to the reputation of a designation of origin or a geographical indication;
Amendment 766 #
Proposal for a regulation
Article 81 – paragraph 1 – point 3 b (new)
Article 81 – paragraph 1 – point 3 b (new)
Regulation (EU) 1308/2013
Article 103 – paragraph 2 – point c
Article 103 – paragraph 2 – point c
Amendment 767 #
Proposal for a regulation
Article 81 – paragraph 1 – point 3 c (new)
Article 81 – paragraph 1 – point 3 c (new)
Regulation (EU) 1308/2013
Article 103 – paragraph 2 a (new)
Article 103 – paragraph 2 a (new)
(3c) In Article 103 the following paragraph is added: 2a. Where a designation of origin or a geographical indication is registered under this Regulation, the application for registration of a traditional term the use of which would contravene Article 103(2) shall be refused.
Amendment 769 #
Proposal for a regulation
Article 81 – paragraph 1 – point 3 d (new)
Article 81 – paragraph 1 – point 3 d (new)
Regulation (EU) 1308/2013
Article 103 – paragraph 4
Article 103 – paragraph 4
(3d) In Article 103, paragraph 4 is modified as follows: 4. The protection referred to in paragraph 2 also applies with regard to: (a) goods entering the customs territory of the Union without being released for free circulation within the customs territory of the Union; (b) goods sold by means of distance selling, such as electronic commerce; (c) goods produced in EU and destined to be exported and commercialised in third countries. For goods entering the customs territory of the Union without being released for free circulation within that territory, the group of producers or any operator that is entitled to use the protected designation of origin or 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 bear without authorisation the protected designation of origin or protected geographical indication.
Amendment 770 #
Proposal for a regulation
Article 81 – paragraph 1 – point 3 e (new)
Article 81 – paragraph 1 – point 3 e (new)
Regulation (EU) 2013/1308
Article 103 – paragraph 4 a (new)
Article 103 – paragraph 4 a (new)
(3e) In Article 103,the following paragraph is added: 4 a. The name of a designation of origin or a geographical indication used by an operator to indicate that the product has been aged in casks, barrels or other containers where a designation of origin or a geographical indication aged shall be subject to the existence of authorisation and control provisions to allow the producer group to ensure a fair use of the name.
Amendment 772 #
Proposal for a regulation
Article 81 – paragraph 1 – point 3 f (new)
Article 81 – paragraph 1 – point 3 f (new)
Regulation (EU) 1308/2013
Article 103 – paragraph 4 b (new)
Article 103 – paragraph 4 b (new)
(3f) In Article 103 the following paragraph is added: 4b. The group of producers or any operator that is entitled to use the designation of origin or geographical indication shall been titled 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 in breach of paragraph (2).
Amendment 775 #
Proposal for a regulation
Article 81 – paragraph 1 – point 3 g (new)
Article 81 – paragraph 1 – point 3 g (new)
Regulation (EU) 1308/2013
Article 103 – paragraph 4 c (new)
Article 103 – paragraph 4 c (new)
(3g) In Article 103 the following paragraph is added: 4c. Each Member States shall take appropriate administrative and judicial steps to prevent or stop the unlawful use of protected designations of origin and protected geographical indications, as referred to in paragraph 1, that are produced or marketed in that Member State. To that end Member States shall designate the authorities that are responsible for taking these steps in accordance with procedures determined by each individual Member State.
Amendment 776 #
Proposal for a regulation
Article 81 – paragraph 1 – point 3 h (new)
Article 81 – paragraph 1 – point 3 h (new)
Regulation (EU) 1308/2013
Article 103 a (new)
Article 103 a (new)
(3h) The following Article 103a is added: Ingredients in processed products 1. The name of a designation of origin or geographical indication used as an ingredient in a processed product may be referred to in the list of ingredients, provided that such use is made in accordance with honest commercial practices and does not weaken, dilute or is not detrimental to the reputation of the designation of origin or geographical indication. 2. The name of a designation of origin or a geographical indication used as an ingredient may be used in the food name, labelling or packaging device of a processed product subject to the existence of authorisation and control provisions to allow the producer group to ensure a fair use of the GI name. 3. The provisions of paragraphs 1 and 2 shall apply, mutatis mutandis, to the use of a designation of origin or geographical indication to identify products aged in casks, barrels or containers.
Amendment 779 #
Proposal for a regulation
Article 81 – paragraph 1 – point 3 i (new)
Article 81 – paragraph 1 – point 3 i (new)
Regulation (EU) 1308/2013
Article 103 b (new)
Article 103 b (new)
Amendment 783 #
Proposal for a regulation
Article 81 – paragraph 1 – point 3 j (new)
Article 81 – paragraph 1 – point 3 j (new)
Regulation (EU) 1308/2013
Article 105 – paragraph 1
Article 105 – paragraph 1
(3j) Article 105, paragraph 1 is replaced with the following: 1. A recognised producer group may apply for the approval of an amendment to the product specification of a registered designation of origin or geographical indication. Where such a group does not exist, a producer group having a legitimate interest or, in exceptional and duly justified cases, an individual producer which is the only producer of the designation of origin or geographical indication may submit an application to amend a product specification. Producers may only submit an application to amend the specification for the designation of origin or geographical indication product they produce.
Amendment 784 #
Proposal for a regulation
Article 81 – paragraph 1 – point 3 k (new)
Article 81 – paragraph 1 – point 3 k (new)
Regulation (EU) 1308/2013
Article 105 – paragraph 1 a (new)
Article 105 – paragraph 1 a (new)
(3k) In Article 105 the following paragraph is added: 1a. Amendments to a product specification shall be classified into two categories as regards their importance: (a) Union amendments, requiring an objection procedure at Union level; and (b) standard amendments to be dealt with at Member State or third country level. For the purposes of this Regulation, an amendment shall be a Union amendment if it entails a change of the single document and: (a) includes a change in the name of the protected designation of origin or the protected geographical indication; (b) entails further restrictions on the marketing of the product. Any other amendment to a product specification of are registered geographical indication, that is not a Union amendment in accordance with this paragraph, shall be considered as a standard amendment. 'Temporary amendment’ means a standard amendment concerning a temporary change in the product specification resulting from the imposition of obligatory sanitary and phytosanitary measures by the public authorities or linked to the consequences of natural disasters or adverse weather conditions or the consequences of an exceptional geopolitical event formally recognised by the competent authorities.
Amendment 785 #
Proposal for a regulation
Article 81 – paragraph 1 – point 3 l (new)
Article 81 – paragraph 1 – point 3 l (new)
Regulation (EU) 1308/2013
Article 105 – paragraph 1 b (new)
Article 105 – paragraph 1 b (new)
(3l) In Article 105 the following paragraph is added: 1b. Union amendments shall be scrutinised and approved by the Commission. The approval procedure shall follow the procedure laid down in Article 94 and Articles 96 to 99, mutatis mutandis. Applications for approval of Union amendments submitted by third countries or by third country producers groups or in exceptional and duly justified case an individual producer in a third country shall contain proof that the requested amendment complies with the laws on the protection of designations of origin or geographical indications in force in that third country. Applications for approval of Union amendments shall relate exclusively to Union amendments. If an application for a Union amendment also relates to standard amendments, the parts relating to standard amendments shall be deemed as not having been submitted, and the procedure for Union amendments shall apply only to the parts relating to that Union amendment. The scrutiny of such applications shall focus on the proposed Union amendments.