25 Amendments of Carlo FIDANZA related to 2022/0115(COD)
Amendment 121 #
Proposal for a regulation
Recital 9 a (new)
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.
Amendment 125 #
Proposal for a regulation
Recital 13 a (new)
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.
Amendment 160 #
Proposal for a regulation
Article 2 – paragraph 1
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)
Amendment 164 #
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
Amendment 165 #
Proposal for a regulation
Article 3 – paragraph 1 – point a
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);
Amendment 166 #
Proposal for a regulation
Article 3 – paragraph 1 – point a
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;
Amendment 170 #
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
Amendment 175 #
Proposal for a regulation
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) ‘producer group’ means any association, irrespective of its legal form, mainly composed of producers or processors, manufacturers, processors or any other operator working with the same product;
Amendment 178 #
Proposal for a regulation
Article 3 – paragraph 1 – point e
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;
Amendment 180 #
Proposal for a regulation
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
(f) ‘traditional’ and 'tradition', when associated with a product originating in a geographical area, means proven historical usage by producers in a communityassociated with a given cultural community; historical usage means usage for a period that allows transmission between generations;
Amendment 183 #
Proposal for a regulation
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
(g) '‘producer' means an operator engaged in any production step of a product the name of which is protected as a geographical indication, including processing or design activities, covered by the product specification;
Amendment 187 #
Proposal for a regulation
Article 3 – paragraph 1 – point i
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;
Amendment 190 #
Proposal for a regulation
Article 3 – paragraph 1 – point j
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.
Amendment 193 #
Proposal for a regulation
Article 3 – paragraph 1 – point k a (new)
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;
Amendment 198 #
Proposal for a regulation
Article 5 – paragraph 1 – point c
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;
Amendment 222 #
Proposal for a regulation
Article 7 – paragraph 1 – point i – point i (new)
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;
Amendment 225 #
Proposal for a regulation
Article 8 – paragraph 1 – point a – point i a (new)
Article 8 – paragraph 1 – point a – point i a (new)
(ia) (ii) product type (hand-made or industrial);
Amendment 337 #
Proposal for a regulation
Article 36 – paragraph 1
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.
Amendment 341 #
Proposal for a regulation
Article 37
Article 37
Amendment 344 #
Proposal for a regulation
Article 39
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
Amendment 359 #
Proposal for a regulation
Article 42 – paragraph 4
Article 42 – paragraph 4
Amendment 376 #
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, with a particular view to combating unfair trading practices including online transactions.
Amendment 379 #
Proposal for a regulation
Article 46 – paragraph 6
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.
Amendment 384 #
Proposal for a regulation
Article 48 – paragraph 5
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.
Amendment 385 #
Proposal for a regulation
Article 48 – paragraph 5 a (new)
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.