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Activities of Carlo FIDANZA related to 2022/0115(COD)

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
2023/01/26
Committee: IMCO
Dossiers: 2022/0115(COD)
Documents: PDF(346 KB) DOC(210 KB)
Authors: [{'name': 'Dita CHARANZOVÁ', 'mepid': 124708}]

Amendments (25)

Amendment 121 #
Proposal for a regulation
Recital 9 a (new)
(9a) The competent authorities must ensure that the use of a sign, symbol or other form of product labelling or presentation bearing a phonetic or visual resemblance to the registered geographical indication is not unduly exploited for commercial purposes, thereby misleading the consumer.
2022/11/10
Committee: IMCO
Amendment 125 #
Proposal for a regulation
Recital 13 a (new)
(13a) Given the limited resources available to micro, small and medium- sized enterprises for administrative tasks, the authorities should provide them with all necessary support and financial assistance during the registration process.
2022/11/10
Committee: IMCO
Amendment 160 #
Proposal for a regulation
Article 2 – paragraph 1
1. This Regulation applies to craft and industrinon- agricultural products listed under the combined nomenclature set out in Annex I to Council Regulation (EEC) No 2658/8724. with the exception of agri-food products protected by Regulations (EU) Nos 2019/787, 1308/2013 and 1151/2012 of the European Parliament and of the Council. __________________ 24 Council Regulation (EEC) N0 2685/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff Regulation (OJ L 256, 7.9.1987 p.1)
2022/11/10
Committee: IMCO
Amendment 164 #
Proposal for a regulation
Article 2 – paragraph 2
2. This Regulation does not apply to spirit drinks as referred in Regulation (EU) 2019/787 of the European Parliament and of the Council25, wines as defined in Regulation (EU) No 1308/2013 of the European Parliament and of the Council26, nor to agricultural products and foodstuffs as protected by Regulation (EU) No 1151/2012 of the European Parliament and of the Council27. __________________ 25 Regulation (EU) 2019/787 of the European Parliament and of the Council of 17 April 2019 on the definition, description, presentation and labelling of spirit drinks, the use of the names of spirit drinks in the presentation and labelling of other foodstuffs, the protection of geographical indications for spirit drinks, the use of ethyl alcohol and distillates of agricultural origin in alcoholic beverages, and repealing Regulation (EC) No 110/2008 (OJ L 130, 17.5.2019, p. 1). 26 Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (OJ L 347 20.12.2013, p. 671). 27 Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (OJ L 343, 14.12.2012, p. 1).deleted
2022/11/10
Committee: IMCO
Amendment 165 #
Proposal for a regulation
Article 3 – paragraph 1 – point a
(a) ‘craft products’ means products produced either totally by hand or with the aid of manual tools or by mechanical means, whenever the direct manual contributor digital means, or with the aid of digital and other design tools under the direct supervision isof the most important component of the finished productbusiness owner (from the project to the manufacturing stage);
2022/11/10
Committee: IMCO
Amendment 166 #
Proposal for a regulation
Article 3 – paragraph 1 – point a
(a) ‘craftnon-agricultural products’ means all products produced either totally by hand or with the aid of manual tools or by mechanical means, whenever the direct manual contribution is the most important component of the finished product; other than those listed in Annex I to the Treaty on the Functioning of the European Union and in Annex I to Regulation (EU) No 1151/2012 of the European Parliament and of the Council and, in general, any product intended for human consumption;
2022/11/10
Committee: IMCO
Amendment 170 #
Proposal for a regulation
Article 3 – paragraph 1 – point b
(b) ‘industrial products’ means products produced in a standardised way, typically on mass scale and through the use of machines;deleted
2022/11/10
Committee: IMCO
Amendment 175 #
Proposal for a regulation
Article 3 – paragraph 1 – point d
(d) ‘producer group’ means any association, irrespective of its legal form, mainly composed of producers or processors, manufacturers, processors or any other operator working with the same product;
2022/11/10
Committee: IMCO
Amendment 178 #
Proposal for a regulation
Article 3 – paragraph 1 – point e
(e) ‘production step’ means any stage of production, processing or preparation, as set out in the GI product specification, up to the point, where the product is in a form to be placed on the internal market;
2022/11/10
Committee: IMCO
Amendment 180 #
Proposal for a regulation
Article 3 – paragraph 1 – point f
(f) ‘traditional’ and 'tradition', when associated with a product originating in a geographical area, means proven historical usage by producers in a communityassociated with a given cultural community; historical usage means usage for a period that allows transmission between generations;
2022/11/10
Committee: IMCO
Amendment 183 #
Proposal for a regulation
Article 3 – paragraph 1 – point g
(g) 'producer' means an operator engaged in any production step of a product the name of which is protected as a geographical indication, including processing or design activities, covered by the product specification;
2022/11/10
Committee: IMCO
Amendment 187 #
Proposal for a regulation
Article 3 – paragraph 1 – point i
(i) ‘product certification body’ means a legal person whichbody accredited by the national authorities to certifiesy that products designated by geographical indications comply with the product specification, whether in performance of a delegated official control task or any other mandate;
2022/11/10
Committee: IMCO
Amendment 190 #
Proposal for a regulation
Article 3 – paragraph 1 – point j
(j) ‘self-declaration’ means a document whose content is set out on a specific (predetermined and standardised) form in which a producer, or an authorised representative, indicates on his or her sole responsibility that the product is compliant with the corresponding product specification and that all necessary controls and checks for the proper determination of conformity have been carried out in order to demonstrate the lawful use of the geographical indication to the competent authorities of Member States.
2022/11/10
Committee: IMCO
Amendment 193 #
Proposal for a regulation
Article 3 – paragraph 1 – point k a (new)
(ka) new point l: ‘technical expert’ means a person with the specific detailed knowledge and skills necessary to conduct the activities of the geographical indications division of the office department referred to in Section 2 of this Regulation;
2022/11/10
Committee: IMCO
Amendment 198 #
Proposal for a regulation
Article 5 – paragraph 1 – point c
(c) at least one of the qualifying production steps of the product takes place in the defined geographical area. The qualifying stage, as defined under the product specification, means that at which the specific characteristics establishing a link between the quality, reputation or other characteristic of the product and the geographical origin referred to in Article 5(b) come into being;
2022/11/10
Committee: IMCO
Amendment 222 #
Proposal for a regulation
Article 7 – paragraph 1 – point i – point i (new)
(i) the name and contact details of the competent authority and/or product certification body verifying compliance with the provisions of the product specification;
2022/11/10
Committee: IMCO
Amendment 225 #
Proposal for a regulation
Article 8 – paragraph 1 – point a – point i a (new)
(ia) (ii) product type (hand-made or industrial);
2022/11/10
Committee: IMCO
Amendment 337 #
Proposal for a regulation
Article 36 – paragraph 1
1. Article 35 is without prejudice to the use of a geographical indication by producers in conformity with Article 43 to indicate that a manufactured product contains, as a part or component, a product designated by that geographical indication 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 geographical indicationdoes not undermine the protection provided under Article 35.
2022/11/10
Committee: IMCO
Amendment 341 #
Proposal for a regulation
Article 37
1. registered as a geographical indication. 2. To establish whether or not a term has become generic, account shall be taken of all relevant factors, in particular: (a) the existing situation in areas of consumption; (b) legal acts.Article 37 deleted Generic terms Generic terms shall not be the relevant Union or national
2022/11/10
Committee: IMCO
Amendment 344 #
Proposal for a regulation
Article 39
A name shall not be registered as a geographical indication where, in the light of a trade mark's reputation and renown, registration of the name proposed as a geographical indication could mislead the consumer as to the true identity of the product.rticle 39 deleted Trade marks
2022/11/10
Committee: IMCO
Amendment 359 #
Proposal for a regulation
Article 42 – paragraph 4
4. Without prejudice to paragraph 2 of this Article, a trade mark the use of which contravenes Article 35, which has been applied for, registered, or established by use in good faith within the territory of the Union, if that possibility is provided for by the legislation concerned, before the date on which the application for registration of the geographical indication is submitted to the Office, may continue to be used and renewed notwithstanding the registration of a geographical indication, provided that no grounds for invalidity or revocation of the trade mark exist under Directive (EU) 2015/243632 of the European Parliament and of the Council or Regulation (EU) 2017/1001. In such cases, the use of the geographical indication and that of the relevant trade mark shall be permitted. __________________ 32 Directive (EU) 2015/2436 of the European Parliament and of the Council of 16 December 2015 to approximate the laws of the Member States relating to trade marks (OJ L 336, 23.12.2015, p. 1).deleted
2022/11/10
Committee: IMCO
Amendment 376 #
Proposal for a regulation
Article 45 – paragraph 1 – point b
(b) monitoring of the use of geographical indications in the marketplace, with a particular view to combating unfair trading practices including online transactions.
2022/11/10
Committee: IMCO
Amendment 379 #
Proposal for a regulation
Article 46 – paragraph 6
6. The costs of verification of compliance with the product specification may be borne by the producers, which are subject to those controls. Member States may also contribute to those costs. Any charges by a Member State shall be reasonable, encourage competitiveness on the part of producers using the geographical indications and factor in the situation of micro, small and medium- sized enterprises.
2022/11/10
Committee: IMCO
Amendment 384 #
Proposal for a regulation
Article 48 – paragraph 5
5. Member States may collect fees or charges to cover the costs of official controls in the marketplace. Any fee or commission charged by a Member State shall be reasonable, encourage competitiveness on the part of producers using geographical indications and factor in the situation of micro, small and medium-sized enterprises.
2022/11/10
Committee: IMCO
Amendment 385 #
Proposal for a regulation
Article 48 – paragraph 5 a (new)
5a. NEW PAR. 6 : As provided for in Article 47(c), the registered applicant producer groups referred to in Article 6 may issue notifications to the authorities designated pursuant to paragraph 1, enabling them to carry out the checks referred to in this title. In this case, at the request of the associations, the authorities are required to indicate the stage reached by the procedure initiated by the notification in question.
2022/11/10
Committee: IMCO