Progress: Awaiting committee decision
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | JURI | WALSMANN Marion ( EPP) | GARCÍA DEL BLANCO Ibán ( S&D), VÁZQUEZ LÁZARA Adrián ( Renew), LAGODINSKY Sergey ( Verts/ALE), BASSO Alessandra ( ID), STANCANELLI Raffaele ( ECR), MAUREL Emmanuel ( GUE/NGL) |
Committee Opinion | INTA | BELKA Marek ( S&D) | Emmanuel MAUREL ( GUE/NGL), Massimiliano SALINI ( PPE), Nicolae ŞTEFĂNUȚĂ ( RE), Emmanouil FRAGKOS ( ECR), Manuela RIPA ( Verts/ALE) |
Committee Opinion | ITRE | ||
Committee Opinion | IMCO | CHARANZOVÁ Dita ( Renew) | Carlo FIDANZA ( ECR), Kateřina KONEČNÁ ( GUE/NGL), Christel SCHALDEMOSE ( S&D), Francisco GUERREIRO ( Verts/ALE), Alessandra BASSO ( ID), Marion WALSMANN ( PPE) |
Lead committee dossier:
Legal Basis:
TFEU 118-p1
Legal Basis:
TFEU 118-p1Subjects
Events
PURPOSE: to provide a common legal framework for geographical indication (GI) protection for craft and industrial products.
PROPOSED ACT: Regulation of the European Parliament and of the Council.
ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.
BACKGROUND: for many years, geographical indication protection has been established at EU level for wines, spirit drinks, aromatised wines, as defined at EU level, and for agricultural products and foodstuffs, as protected at EU level. However, at present there is no EU-wide mechanism to protect the names of non-agricultural products such as natural stones, jewellery, textiles, lace, cutlery, glass and porcelain.
Several Member States have national regimes for the protection of national geographical indications for craft and industrial products. These regimes differ in terms of protection, administration and fees, and do not offer protection beyond the national territory. Other Member States do not provide for geographical indication protection at national level for such products.
Due to the legal uncertainty resulting from fragmentation, producers face challenges protecting craft and industrial products linked to a geographical area.
CONTENT: the proposal aims to establish a directly applicable GI protection for craft and industrial products at EU level . It aims to strengthen the position of producers to protect their craft and industrial products throughout the EU against counterfeiting and to encourage them to invest in these products, to cooperate in creating niche markets and to preserve specific local skills and traditions. The proposal also aims to improve the visibility of authentic craft and industrial products on the markets.
The main elements of the proposal are as follows:
Registration of geographical indications
The proposal would allow for the simple and inexpensive registration of GIs for craft and industrial products through a two-stage application procedure . The first stage would take place at Member State level, where national and local authorities would carry out an initial examination of the specifications agreed by local producers and their GI applications. The second stage would take place at EU level, where the European Union Intellectual Property Office (EUIPO) would take a decision on registration, on which no fee would be charged.
The proposal establishes an exceptional scheme for direct procedures before the Office for applicants from a Member State that meets certain conditions on the date of adoption of this Regulation, and do not therefore designate a national authority for the management of the procedures for registration, amendments to the product specification and cancellation of the registration in respect of GIs. Member States that opt for this exceptional registration scheme must designate a contact point for the registration procedure under EUIPO, and a competent authority for the controls and enforcement.
Protection of geographical indications
The level of GI protection for craft and industrial products is defined in the proposal. It also sets out rules for GIs when used as parts or components in manufactured products, clarifies generic terms and registration of homonymous GIs, as well as the relationship with trademarks. It provides rules for producer groups. The relationship with the use of protected terms in internet domain names is defined. The proposal includes the rules for the use of Union symbols, indications and abbreviations on the labelling and advertising material of the product concerned.
Controls and enforcement
Controls would include verification that a product designated with a GI has been produced in accordance with the relevant product specification and control of the use of GIs on the market. With regard to verification and control, the proposal provides for two procedures concerning the control of producers.
While Member States are required to designate the competent authority responsible for the official controls to verify compliance with this Regulation, they are free to introduce a third-party certification procedure operated by competent authorities or delegated product certification bodies, or a procedure based on the producer’s self-declaration. Besides producer controls, the proposal also sets out rules for Member States on how to prevent or stop any other misuse of GIs in their territory. In addition, it aims to prevent the misuse of GIs on online platforms.
International protection of GIs
The proposal aims to ensure that producers can fully benefit from the international framework for the registration and protection of GIs (‘Lisbon system’). In November 2019, the EU acceded to the Geneva Act of the Lisbon Agreement on Appellations of Origins and Geographical Indications, a treaty administered by the World Intellectual Property Organization (WIPO). EU producers of CI products cannot currently claim protection under the Geneva Act and the EU has to reject requests for such protection from members of the Geneva Act. In the same vein, EU producers cannot benefit from the protection granted by EU trade agreements that currently only cover agricultural GI products. The proposal aims to close this gap.
BUDGETARY IMPLICATIONS: the proposal has no implications on the EU budget. The EUIPO, which is entirely self-financing, will manage and fund the registration process at the EU and international level out of its budget.
As far as national administrations are concerned, 16 Member States (Belgium, Bulgaria, Croatia, Czech Republic, Estonia, France, Germany, Hungary, Italy, Latvia, Poland, Portugal, Romania, Slovakia, Slovenia and Spain), where national GI schemes for craft and industrial products are already in place, are not expected to incur additional administrative costs.
Due to the small number of potential applicants for GI protection for craft and industrial products in the EU (around 300 registrations are expected over 10 years), the costs at national and EUIPO level do not appear to be substantial. They are estimated at around EUR 860 000 annually for the EU as a whole.
Documents
- Committee draft report: PE736.692
- Document attached to the procedure: OJ C 258 05.07.2022, p. 0005
- Document attached to the procedure: N9-0037/2022
- Document attached to the procedure: SEC(2022)0193
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2022)0114
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2022)0115
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2022)0116
- Legislative proposal published: COM(2022)0174
- Legislative proposal published: EUR-Lex
- Document attached to the procedure: SEC(2022)0193
- Document attached to the procedure: EUR-Lex SWD(2022)0114
- Document attached to the procedure: EUR-Lex SWD(2022)0115
- Document attached to the procedure: EUR-Lex SWD(2022)0116
- Document attached to the procedure: OJ C 258 05.07.2022, p. 0005 N9-0037/2022
- Committee draft report: PE736.692
Activities
- Laura FERRARA
Plenary Speeches (0)
- Heidi HAUTALA
Plenary Speeches (0)
- Kateřina KONEČNÁ
Plenary Speeches (0)
- Gilles LEBRETON
Plenary Speeches (0)
- Marian-Jean MARINESCU
Plenary Speeches (0)
- Katarína ROTH NEVEĎALOVÁ
Plenary Speeches (0)
- Roberts ZĪLE
Plenary Speeches (0)
- Raffaele STANCANELLI
Plenary Speeches (0)
- Ibán GARCÍA DEL BLANCO
Plenary Speeches (0)
- Sabrina PIGNEDOLI
Plenary Speeches (0)
- Alessandra BASSO
Plenary Speeches (0)
- Marek BELKA
Plenary Speeches (0)
- Eugen TOMAC
Plenary Speeches (0)
- Sunčana GLAVAK
Plenary Speeches (0)
- Marion WALSMANN
Plenary Speeches (0)
- Ernő SCHALLER-BAROSS
Plenary Speeches (0)
- Beatrice COVASSI
Plenary Speeches (0)
Amendments | Dossier |
283 |
2022/0115(COD)
2022/11/10
IMCO
283 amendments...
Amendment 118 #
Proposal for a regulation Recital 3 (3) For many years, geographical indication protection has been established at Union level for wines, spirit drinks6
Amendment 119 #
Proposal for a regulation Recital 3 (3) For many years, geographical indication protection has been established at Union level for wines, spirit drinks6 , aromatised wines7 , as defined at Union level, as well as agricultural products and foodstuffs8 , as protected at Union level. It is appropriate to provide Union-wide geographical indication protection in respect of products falling outside the scope of existing regulations, while ensuring convergence, and aiming at encompassing a large variety of craft and industrial products, such as natural stones, jewellery, textiles, lace, cutlery, glass, woodcraft, musical instruments, leathercraft, soaps and porcelain. __________________ 6 Regulation (EU) 2019/787 of the
Amendment 120 #
Proposal for a regulation Recital 5 (5) Unitary protection throughout the Union for the intellectual property rights related to geographical indications can contribute to incentives for the production of quality products, the wide availability of such products for consumers and the creation of valuable and sustainable jobs including in rural and less-developed regions. In particular in view of the potential of geographical indications to contribute to sustainable and highly skilled jobs in rural and less developed regions, producers should aim at creating a substantial proportion of the value of the product designated by a geographical indication within the defined geographical
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.
Amendment 122 #
Proposal for a regulation Recital 12 (12)
Amendment 123 #
Proposal for a regulation 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.
Amendment 124 #
Proposal for a regulation 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
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.
Amendment 126 #
Proposal for a regulation Recital 13 a (new) (13a) The Member States should establish details concerning the national stage procedure, but the admissibility of the opposition and the reasons for denying registration of a geographical indication have to be aligned with the ones on the Union stage.
Amendment 127 #
Proposal for a regulation Recital 14 (14) To qualify for protection in the Member States, geographical indications should be registered only at Union level. However, with effect from the date of
Amendment 128 #
Proposal for a regulation Recital 14 (14) To qualify for protection in 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
Amendment 129 #
Proposal for a regulation Recital 15 (15) The procedures for registration, amendments to the product specification and cancellation of the registration in respect of geographical indications originating in the Union under this Regulation should be carried out by the Member States and the Office. The Member States and the Office should be responsible for distinct stages of the procedures. Member States should be responsible for the first stage, which consists of receiving the application from the applicants, assessing it, running the national opposition procedure, and, following the positive results of the assessment, submitting the Union application to the Office. The Office should be responsible for examining the applications in the second stage of the procedure, running the
Amendment 130 #
Proposal for a regulation Recital 15 (15) The procedures for registration, amendments to the product specification and cancellation of the registration and appeals in respect of geographical indications originating in the Union under this Regulation should be carried out by the Member States and the Office. The Member States and the Office should be responsible for distinct stages of the procedures. Member States should be responsible for the first stage, which consists of receiving the application from the applicants, assessing it, running the national opposition procedure, and, following the positive results of the assessment, submitting the Union application to the Office. The Office should be responsible for examining the applications in the second stage of the procedure, running the worldwide opposition procedure and taking a decision on granting or refusing the protection to the geographical indication. The Office should also carry out the corresponding procedures for geographical indications originating in third countries, without prejudice to the direct registration procedure.
Amendment 131 #
Proposal for a regulation Recital 17 (17) It is possible for certain Member States to o
Amendment 132 #
Proposal for a regulation 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 certain Member States do not have a specific national system for the management of geographical indications for craft and industrial products and that the local interest in these countries to protect these geographical indications is minimal. Under these circumstances, it would not be justified to oblige the
Amendment 133 #
Proposal for a regulation Recital 17 (17) It is possible for
Amendment 134 #
Proposal for a regulation Recital 18 Amendment 135 #
Proposal for a regulation Recital 18 Amendment 136 #
Proposal for a regulation Recital 21 Amendment 137 #
Proposal for a regulation Recital 22 (22) To ensure transparency and uniformity across Member States, it is necessary to establish and maintain an electronic Union register of geographical indications for craft and industrial products. The register should be an electronic database stored within an information system, and should be easily accessible to the public in machine- readable, commonly used formats. The Union register of geographical indications for craft and industrial products should be developed, kept and maintained by the Office and also the personnel for its operation should be provided by the Office. The register of geographical indications for craft and industrial products should be included in the database already administered by the Office aggregating all geographical indications registered in the EU and at international level.
Amendment 138 #
Proposal for a regulation Recital 22 (22) To ensure transparency and uniformity across Member States, it is necessary to establish and maintain an electronic Union register of geographical indications for craft and industrial products. The register should be an electronic database stored within an information system, and should be easily accessible to the public. The Union register of geographical indications for craft and industrial products should be developed, kept and maintained by the Office and also the personnel for its operation should be provided by the Office.
Amendment 139 #
Proposal for a regulation Recital 27 (27) It is necessary to establish an Advisory Board, which is a pool of experts, composed of representatives from Member States and the Commission. The purpose of the Advisory Board is to provide the necessary local knowledge and expertise concerning certain products and knowledge about the local circumstances that may influence the outcome of the procedures
Amendment 140 #
Proposal for a regulation Recital 27 (27) It is necessary to establish an Advisory Board, which is a pool of experts, composed of representatives from Member States and the Commission. The purpose of the Advisory Board is to provide the necessary local knowledge and expertise concerning certain products and knowledge about the local circumstances that may influence the outcome of the procedures
Amendment 141 #
Proposal for a regulation Recital 30 a (new) (30a) Homonymous indications are spelled or pronounced in the same way, but refer to different geographical areas. A name which is wholly or partly homonymous with a geographical indication registered or applied for earlier, should not be registered, unless certain circumstances make its protection justified, considering the need for equal treatment of the producers and the need for consumers not to be misled as to the true origin of the products.
Amendment 142 #
Proposal for a regulation Recital 33 (33) The relationship between internet domain names and geographical indications should be clarified as regards the scope of the application of the remedy measures, the recognition of geographical indications in dispute resolution, and the fair use of domain names.
Amendment 143 #
Proposal for a regulation Recital 36 (36) As it is the first time that an Union- wide geographical indication protection system for craft and industrial product is implemented,
Amendment 144 #
Proposal for a regulation Recital 38 (38) The use of Union symbols and indications on the packaging of craft and industrial products designated by a geographical indication should be recommended 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.
Amendment 145 #
Proposal for a regulation 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. Citizens and consumers should expect that any geographical indication count with robust verification and control systems, regardless of whether the products originate from the EU or a third country.
Amendment 146 #
Proposal for a regulation 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
Amendment 147 #
Proposal for a regulation 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.
Amendment 148 #
Proposal for a regulation Recital 44 Amendment 149 #
Proposal for a regulation Recital 44 (44) Member States should have the possibility to allow producers to fulfil their obligation
Amendment 150 #
Proposal for a regulation Recital 45 Amendment 151 #
Proposal for a regulation Recital 46 Amendment 152 #
Proposal for a regulation Recital 46 Amendment 153 #
Proposal for a regulation Recital 46 (46) Where a self-declaration certification procedure is in place, competent authorities should carry out
Amendment 154 #
Proposal for a regulation Recital 48 (48) Control and verification fees or charges should cover, but not exceed, the costs, including overhead costs, incurred by the competent authorities to perform official controls. Overhead costs could include the costs of the organisation and support necessary for planning and carrying out the official controls. Such costs should be calculated on the basis of each individual official control or on the basis of all official controls performed over a given period of time. Where fees or charges are applied on the basis of the actual cost of individual official controls, producers with a good record of compliance should bear lower overall charges than non-compliant ones, as such producers with a good record of compliance should be subject to less
Amendment 155 #
Proposal for a regulation Recital 60 (60) In order to amend or supplement 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 the requirements or listing additional items of the accompanying documentation, defining procedures and conditions applicable to the preparation and submission of Union applications for registration, rules on entrusting the Office to operate the Union register of geographical indications for craft and industrial products; the formal content of the notice of appeal, the procedure for the filing and the examination of an appeal as well as the formal content and the form of the Board of Appeal’s decisions
Amendment 156 #
Proposal for a regulation Article 1 – paragraph 1 – point a (a) the registration, protection, control and enforcement of
Amendment 157 #
Proposal for a regulation Article 1 – paragraph 1 – point a (a) the registration, protection, control and enforcement of certain names that identify craft and industrial products with given quality
Amendment 158 #
Proposal for a regulation Article 1 a (new) Amendment 159 #
Proposal for a regulation Article 2 – paragraph 1 1. This Regulation applies to
Amendment 160 #
Proposal for a regulation Article 2 – paragraph 1 1. This Regulation applies to
Amendment 161 #
Proposal for a regulation Article 2 – paragraph 1 1. This Regulation applies to
Amendment 162 #
Proposal for a regulation Article 2 – paragraph 1 1. This Regulation
Amendment 163 #
Proposal for a regulation Article 2 – paragraph 2 Amendment 164 #
Proposal for a regulation Article 2 – paragraph 2 Amendment 165 #
Proposal for a regulation Article 3 – paragraph 1 – point a (a) ‘craft products’ means products produced either
Amendment 166 #
Proposal for a regulation Article 3 – paragraph 1 – point a (a) ‘
Amendment 167 #
Proposal for a regulation Article 3 – paragraph 1 – point a (a) ‘
Amendment 168 #
Proposal for a regulation Article 3 – paragraph 1 – point a (a) ‘craft products’ means products
Amendment 169 #
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
Amendment 170 #
Proposal for a regulation Article 3 – paragraph 1 – point b Amendment 171 #
Proposal for a regulation Article 3 – paragraph 1 – point b Amendment 172 #
Proposal for a regulation Article 3 – paragraph 1 – point b (b) ‘industrial products’ means products produced in a standardised way
Amendment 173 #
Proposal for a regulation Article 3 – paragraph 1 – point b a (new) (ba) “geographical indications” means an indication consisting of or containing the name of a geographical area, or another indication known as referring to such area, which identifies a good as originating in that geographical area, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin;
Amendment 174 #
Proposal for a regulation Article 3 – paragraph 1 – point d (d) ‘producer geographical indication group’ means any association, irrespective of its legal form, mainly composed of producers
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
Amendment 176 #
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
Amendment 177 #
Proposal for a regulation Article 3 – paragraph 1 – point e (e) ‘production step’ means any stage of production, and/or processing and/or preparation, included in the specifications/description of the geographical indication product, up to the point, where the product is in a form to be placed on the internal market;
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;
Amendment 179 #
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
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
Amendment 181 #
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 professional community for a period that allows transmission between generations;
Amendment 182 #
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 production, and/or processing activities, covered by the product specification;
Amendment 183 #
Proposal for a regulation Article 3 – paragraph 1 – point g (g)
Amendment 184 #
Proposal for a regulation Article 3 – paragraph 1 – point g (g) 'producer' means an operator engaged in
Amendment 185 #
Proposal for a regulation Article 3 – paragraph 1 – point h – point i (i) the common names of products in the Union or the names of products which, although relating to the place, region or country where the product was originally produced or marketed,
Amendment 186 #
Proposal for a regulation Article 3 – paragraph 1 – point h – point ii (ii) a common term descriptive of the type of product
Amendment 187 #
Proposal for a regulation Article 3 – paragraph 1 – point i (i) ‘product certification body’ means a
Amendment 188 #
Proposal for a regulation Article 3 – paragraph 1 – point i (i) ‘product certification body’ means a legal person, duly accredited, which certifies 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 189 #
Proposal for a regulation Article 3 – paragraph 1 – point j 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.
Amendment 191 #
Proposal for a regulation Article 3 – paragraph 1 – point j a (new) (ja) 'the Office' means the European Union Intellectual Property Office;
Amendment 192 #
Proposal for a regulation Article 3 – paragraph 1 – point k (k) ‘notice of comment’ means a written observation lodged with the
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;
Amendment 194 #
Proposal for a regulation Article 5 – paragraph 1 – introductory part For the name of a craft
Amendment 195 #
Proposal for a regulation Article 5 – paragraph 1 – point a (a) The product originates in a
Amendment 196 #
Proposal for a regulation Article 5 – paragraph 1 – point b (b) Its given quality
Amendment 197 #
Proposal for a regulation Article 5 – paragraph 1 – point c (c) at least one of the qualifying production steps
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;
Amendment 199 #
Proposal for a regulation Article 5 – paragraph 1 – point c (c) at least one of the essential production steps of the product takes place in the defined geographical area.
Amendment 200 #
Proposal for a regulation Article 6 – paragraph 1 1. Applications for the registration of geographical indications shall
Amendment 201 #
Proposal for a regulation Article 6 – paragraph 2 Amendment 202 #
Proposal for a regulation Article 6 – paragraph 2 2. An authority designated by a Member State or a territorial collectivity 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 203 #
Proposal for a regulation Article 6 – paragraph 3 – introductory part 3. A single producer may be deemed
Amendment 204 #
Proposal for a regulation Article 6 – paragraph 3 – point a Amendment 205 #
Proposal for a regulation Article 6 – paragraph 3 – point b Amendment 206 #
Proposal for a regulation Article 6 – paragraph 3 – point b Amendment 207 #
Proposal for a regulation Article 6 – paragraph 3 a (new) 3a. the use of the geographical indication shall be opened to any new producer able to comply with the specifications;
Amendment 208 #
Proposal for a regulation Article 6 – paragraph 4 4. In the case of a geographical indication that designates a cross-border
Amendment 209 #
Proposal for a regulation Article 7 – paragraph 1 – introductory part 1.
Amendment 210 #
Proposal for a regulation Article 7 – paragraph 1 – introductory part 1. Craft and industrial products the names of which are registered as a geographical indication shall comply with a product specification, which shall include
Amendment 211 #
Proposal for a regulation Article 7 – paragraph 1 – point a (a) the name to be protected as geographical indication which may be either a geographical name of the place of production of a specific product, or a name used in trade or in common language to describe the specific product in the defined geographical area or both;
Amendment 212 #
Proposal for a regulation Article 7 – paragraph 1 – point a (a) the name to be protected as geographical indication which may be
Amendment 213 #
Proposal for a regulation Article 7 – paragraph 1 – point a a (new) (aa) the type of product(s) covered by the name;
Amendment 214 #
Proposal for a regulation Article 7 – paragraph 1 – point a a (new) (aa) the type of product;
Amendment 215 #
Proposal for a regulation Article 7 – paragraph 1 – point c (c) the specification of the defined geographical area
Amendment 216 #
Proposal for a regulation Article 7 – paragraph 1 – point d (d) evidence that the product originates in the defined geographical area specified in Article 5
Amendment 217 #
Proposal for a regulation Article 7 – paragraph 1 – point g Amendment 218 #
Proposal for a regulation Article 7 – paragraph 1 – point g (g) details establishing the link between a given quality
Amendment 219 #
Proposal for a regulation Article 7 – paragraph 1 – point h a (new) (ha) the name and contact details of the competent authority and/or product certification body verifying compliance with the provisions of the product specification;
Amendment 220 #
Proposal for a regulation Article 7 – paragraph 1 – point h a (new) (ha) the competent product inspection authority;
Amendment 221 #
Proposal for a regulation Article 7 – paragraph 1 – point i (i) other
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;
Amendment 223 #
Proposal for a regulation Article 7 – paragraph 1 a (new) 1a. Product specification shall contain objective and non-discriminatory elements only.
Amendment 224 #
Proposal for a regulation Article 8 – paragraph 1 – point a – point i (i) the name to be protected as a geographical indication;
Amendment 225 #
Proposal for a regulation Article 8 – paragraph 1 – point a – point i a (new) (ia) (ii) product type (hand-made or industrial);
Amendment 226 #
Proposal for a regulation Article 8 – paragraph 1 – point a – point i a (new) (ia) the type of product;
Amendment 227 #
Proposal for a regulation Article 8 – paragraph 1 – point a – point i a (new) (ia) the type of products;
Amendment 228 #
Proposal for a regulation Article 8 – paragraph 1 – point a – point ii (ii) a description of the product, including, where appropriate,
Amendment 229 #
Proposal for a regulation Article 8 – paragraph 1 – point a – point ii a (new) (iia) a description of the method of producing or obtaining the product, where appropriate, the traditional method and specific practices used;
Amendment 230 #
Proposal for a regulation Article 8 – paragraph 1 – point a – point iii a (new) (iiia) the main steps of production;
Amendment 231 #
Proposal for a regulation Article 9 – paragraph 1 – introductory part 1. The documentation accompanying the application for registration as referred in articles 11 and 17 (‘accompanying documentation’) shall comprise:
Amendment 232 #
Proposal for a regulation Article 9 – paragraph 2 Amendment 233 #
Proposal for a regulation Article 10 – paragraph 1 Amendment 234 #
Proposal for a regulation Article 10 – paragraph 1 1. Member States may charge a fee to cover the costs of managing the geographical indication system for craft and industrial products provided for in this Regulation, including those incurred in processing applications, statements of opposition, applications for amendments
Amendment 235 #
Proposal for a regulation Article 10 – paragraph 1 1. Member States may charge a fee to cover the marginal costs of managing the geographical indication system for craft and industrial products provided for in this Regulation, including those incurred in processing applications, statements of opposition, applications for amendments and requests for cancellations.
Amendment 236 #
Proposal for a regulation Article 10 – paragraph 2 2. Where a Member State charges a fee
Amendment 237 #
Proposal for a regulation 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
Amendment 238 #
Proposal for a regulation Article 10 – paragraph 2 2.
Amendment 239 #
Proposal for a regulation 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
Amendment 240 #
Proposal for a regulation Article 10 – paragraph 4 Amendment 241 #
Proposal for a regulation 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 to cover the marginal costs of managing these procedures. 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) in order to cover the marginal costs of managing these procedures.
Amendment 242 #
Proposal for a regulation Article 10 – paragraph 5 Amendment 243 #
Proposal for a regulation Article 10 – paragraph 5 5. The Commission shall adopt implementing acts to determine the amounts of the fees charged by the Office and the ways in which they are to be paid or, in case of the fee for appeals before the Boards of Appeal, reimbursed. The level of the fees shall be reasonable, foster the competitiveness of the producers of the geographical indications and shall be progressive, taking into account the situation of micro, small and medium- sized enterprises. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 65(2).
Amendment 244 #
Proposal for a regulation Article 11 – paragraph 3 – point a a (new) (aa) The competent authority shall ensure that applicants can submit their applications electronically via the digital system of the Office according to Article 18 paragraph 1 and Article 64.
Amendment 245 #
Proposal for a regulation Article 11 – paragraph 4 4.
Amendment 246 #
Proposal for a regulation Article 11 – paragraph 4 a (new) 4a. Member States, which agreed to the procedure referred to in paragraph 4 of this Article may annul their agreement and opt for a different procedure after notifying the other party or parties of the agreement in writing. If the competent authority acting on behalf of other Member State, or Member States, is located in a Member State that seeks to annul the agreement, that Member State shall notify the other party or parties of the agreement about its intention to annul the agreement in writing at least 6 months prior to the date of annulment.
Amendment 247 #
Proposal for a regulation Article 12 – paragraph 1 The competent authority shall examine the application and shall check within six months from the submission of the application that the product complies with the requirements for geographical indications referred to in Article 5 and provides the necessary information for registration referred to in Articles 7, 8 and 9. Where the examination period exceeds or is likely to exceed 6 months, the competent authority shall inform the applicant of the reasons for the delay in writing.
Amendment 248 #
Proposal for a regulation Article 12 – paragraph 1 The competent authority shall examine the application and shall check that the product complies with the requirements for geographical indications referred to in Article 5 and provides the necessary information for registration referred to in Articles 7, 8 and 9. The competent authority shall, where appropriate, enter into consultation with the most representative local, regional or national sector associations to obtain their opinion.
Amendment 249 #
Proposal for a regulation Article 12 – paragraph 1 The competent authority shall examine the application and shall check that the product complies with the requirements for geographical indications referred to in Article 5 and provides the necessary information and evidences for registration referred to in Articles 7, 8 and 9. This examination process shall not exceed 18 months.
Amendment 250 #
Proposal for a regulation Article 12 – paragraph 1 a (new) In case Article 8 (1a (new)) applies the competent authority shall prepare the single document on the basis of the information provided according to Articles 7 and 9 and send it to the applicant for approval.
Amendment 251 #
Proposal for a regulation Article 13 – paragraph 1 1. After the conclusion of the examination referred to in Article 12, the competent authority shall conduct a national opposition procedure. That procedure shall ensure publication of the application and provide for a period of at least 60 working days from the date of publication within which any person having a legitimate interest and established or resident on the territory of the Member State in charge of the national phase of the registration or of the Member States in which the product concerned originates (‘national opponent’) may lodge an opposition to the application with the competent authority of the Member State in charge of the national phase of the registration.
Amendment 252 #
Proposal for a regulation Article 13 – paragraph 2 2. The competent authority shall establish the detailed arrangements of the opposition procedure. Those detailed arrangements may include criteria for the admissibility of an opposition, a period of consultation between the applicant and each national opponent, and submission of a report from the applicant on the outcome of the consultations including any changes the applicant has made to the application. When the national opposition procedure is concluded, the competent authority shall draw up and publish a report.
Amendment 253 #
Proposal for a regulation Article 13 – paragraph 2 2. The competent authority shall
Amendment 254 #
Proposal for a regulation Article 13 – paragraph 2 a (new) 2a. The competent authority shall establish an objective and impartial report after the national opposition period.
Amendment 255 #
Proposal for a regulation Article 13 – paragraph 2 b (new) 2b. The grounds for opposition shall be assessed in relation to the territory of the Union.
Amendment 256 #
Proposal for a regulation Article 14 – paragraph 1 1. If the competent authority, after the examination of the application and the
Amendment 257 #
Proposal for a regulation Article 15 – paragraph 1 – introductory part 1. By way of derogation from Article 11,
Amendment 258 #
Proposal for a regulation Article 15 – paragraph 1 – introductory part 1. By way of derogation from Article 11,
Amendment 259 #
Proposal for a regulation Article 15 – paragraph 1 – point a Amendment 260 #
Proposal for a regulation Article 15 – paragraph 1 – point b Amendment 261 #
Proposal for a regulation Article 15 – paragraph 2 Amendment 262 #
Proposal for a regulation Article 15 – paragraph 2 2. The Commission may request further information from the Member State
Amendment 263 #
Proposal for a regulation Article 15 – paragraph 3 3. When a Member State makes use of the derogation in accordance with paragraph 1, the application from a
Amendment 264 #
Proposal for a regulation Article 15 – paragraph 5 Amendment 265 #
Proposal for a regulation Article 15 – paragraph 5 Amendment 266 #
Proposal for a regulation Article 15 – paragraph 8 8. Upon request by the Office, within 60 working days from such request, the Member State, through the contact point, shall provide assistance in particular for the
Amendment 267 #
Proposal for a regulation Article 17 – paragraph 1 – introductory part 1. For geographical indications concerning products originating in the Union, the Union application for registration submitted by an applicant and/or a Member State to the Office, shall comprise:
Amendment 268 #
Proposal for a regulation Article 17 – paragraph 1 – point c (c) declaration by the Member State
Amendment 269 #
Proposal for a regulation Article 17 – paragraph 3 Amendment 270 #
Proposal for a regulation Article 17 – paragraph 3 – introductory part 3. For geographical indications concerning products originating in a third country or countries the application for
Amendment 271 #
Proposal for a regulation Article 17 – paragraph 4 4. A joint application for registration referred to in Article 6(4) shall be submitted to the Office by one of the Member States concerned or by the applicant producer group in a third country, directly or by the competent authority of that third country. If the cross-border area concerns any Member State, or Member States and a third country or countries, the joint application shall be submitted by either Member State concerned. If the cross-border area concerns any Member State or Member States which obtained derogation from Article 11 and a third country or countries, the joint application shall be submitted by the applicant producer groups.
Amendment 272 #
Proposal for a regulation Article 17 – paragraph 4 4. A joint application for registration referred to in Article 6(4) shall be submitted to the Office by one of the Member States concerned
Amendment 273 #
Proposal for a regulation Article 17 – paragraph 5 5. The joint application referred to in Article 6(4) shall include, where relevant, the documents listed in paragraphs 1 and 2 of this Article, from the Member States
Amendment 274 #
Proposal for a regulation Article 17 – paragraph 5 5. The joint application referred to in Article 6(4) shall include, where relevant, the documents listed in paragraphs 1 and 2 of this Article, from the Member States or
Amendment 275 #
Proposal for a regulation Article 17 – paragraph 5 5. The joint application referred to in Article 6(4) shall include
Amendment 276 #
Proposal for a regulation Article 17 – paragraph 6 Amendment 277 #
Proposal for a regulation Article 18 – paragraph 2 Amendment 278 #
Proposal for a regulation Article 19 – paragraph 1 – point a a (new) (aa) (b) the application complies with the definition of the Geographical Indication as provided in article 3;
Amendment 279 #
Proposal for a regulation Article 19 – paragraph 4 4. The Office may seek supplementary information from the Member State concerned.
Amendment 280 #
Proposal for a regulation 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
Amendment 281 #
Proposal for a regulation 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
Amendment 282 #
Proposal for a regulation Article 20 – paragraph 4 4. If the judicial decision referred to in paragraph 2 has acquired the force of res judicata, the Member State shall, as necessary, withdraw or modify the application and notify the relevant producer groups or single producers of this fact.
Amendment 283 #
Proposal for a regulation Article 21 – paragraph 3 3. The Office shall check the
Amendment 284 #
Proposal for a regulation Article 21 – paragraph 6 6. Within 1 month from the end of the consultations referred to in paragraph
Amendment 285 #
Proposal for a regulation Article 21 – paragraph 9 9. The Office
Amendment 286 #
Proposal for a regulation Article 22 – paragraph 2 – point b (b) the registration of the proposed geographical indication would be contrary to Articles 35, 37, 38 or 39;
Amendment 287 #
Proposal for a regulation Article 22 – paragraph 3 a (new) 3a. An opposition that does not comply with paragraph 1 shall be void and dismissed.
Amendment 288 #
Proposal for a regulation Article 23 – paragraph 1 – introductory part 1. Without prejudice to Article 42, at the time of registration, the Office may decide to grant a transitional period of up to
Amendment 289 #
Proposal for a regulation Article 23 – paragraph 2 Amendment 290 #
Proposal for a regulation Article 23 – paragraph 2 – introductory part 2. The Office may decide to extend the transitional period granted under paragraph 1 up to
Amendment 291 #
Proposal for a regulation Article 23 – paragraph 5 5. To overcome temporary difficulties with the long-term objective of ensuring that all producers of a product designated under a geographical indication in the area concerned comply with the related product specification, a Member State may grant a transitional period for compliance, of up to
Amendment 292 #
Proposal for a regulation Article 23 – paragraph 6 6. Paragraph 5 shall apply mutatis mutandis to a geographical indication referring to a cross-border geographical area
Amendment 293 #
Proposal for a regulation Article 24 – paragraph 2 2. Where, on the basis of the information available to the Office from the examination carried out pursuant to Article 19, the Office considers that any of the requirements referred to in that Article is not fulfilled, it shall adopt a decision
Amendment 294 #
Proposal for a regulation Article 24 – paragraph 7 7. Decisions adopted by the Office shall be published in the Union register of geographical indications for craft and industrial products in all the official languages of the Union. The reference to the name of the product,
Amendment 295 #
Proposal for a regulation Article 25 Amendment 296 #
Proposal for a regulation Article 26 – paragraph 1 1. A
Amendment 297 #
Proposal for a regulation Article 26 – paragraph 1 1. A publicly and easily accessible electronic Union register of geographical indications for craft and industrial products shall be developed, kept and maintained by the Office for the management of geographical indications for craft and industrial products.
Amendment 298 #
Proposal for a regulation Article 26 – paragraph 3 – point b (b) the
Amendment 299 #
Proposal for a regulation Article 26 – paragraph 7 7. The Office 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 or refusal for 10 years thereafter.
Amendment 300 #
Proposal for a regulation Article 27 – paragraph 1 1. The Office shall ensure that any person is able to download an official extract from the Union register of geographical indications for craft and industrial products that provides proof of registration or refusal 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 301 #
Proposal for a regulation Article 27 – paragraph 1 1. The Office shall ensure that any person is able to easily download 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 302 #
Proposal for a regulation Article 27 – paragraph 2 2. The applicant producer group or where Article 6(2) or 6(3) applies, the authority designated by a Member State or a territorial collectivity or the single producer shall be identified as the holder of the registration in the Union register of geographical indications for craft and industrial products and in the official extract referred to in paragraph (1) of this Article.
Amendment 303 #
Proposal for a regulation Article 28 – paragraph 1 1. A producer group, a competent authority or a single producer having a legitimate interest may apply for the approval of an amendment to the product specification of a registered geographical indication.
Amendment 304 #
Proposal for a regulation Article 28 – paragraph 3 – point a (a) the amendment includes a change in the name
Amendment 305 #
Proposal for a regulation Article 28 – paragraph 3 a (new) 3a. 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 measures by the public authorities or a temporary amendment necessary because of a natural disaster or adverse conditions or geopolitical event/the consequences of such event formally recognised by the competent authorities.
Amendment 306 #
Proposal for a regulation Article 28 – paragraph 4 4. Union amendments shall be approved by the Office
Amendment 307 #
Proposal for a regulation Article 28 – paragraph 8 8. Standard amendments shall be approved by Member States or third countries in whose territory the geographical area of the product concerned is located. Such amendments shall be communicated to the Office.
Amendment 308 #
Proposal for a regulation Article 29 – paragraph 1 – introductory part 1. The Office may, own its own initiative or on a duly substantiated request by a geographical indication producers group, a Member State, a third country or any natural or legal person having a legitimate interest, decide to cancel the registration of a geographical indication in the following cases:
Amendment 309 #
Proposal for a regulation Article 29 – paragraph 1 – introductory part 1. The Office may, own its own initiative or on a duly substantiated request by a Member State
Amendment 310 #
Proposal for a regulation Article 29 – paragraph 1 – point b (b) where no product has been placed on the market under the geographical indication for at least a consecutive period of
Amendment 311 #
Proposal for a regulation Article 29 – paragraph 1 – point b a (new) (ba) where compliance with the requirements for the Geographical Indication definition can no longer be ensured.
Amendment 312 #
Proposal for a regulation Article 29 – paragraph 2 Amendment 313 #
Proposal for a regulation Article 29 – paragraph 3 3. Article 6 and Articles 19 to 2
Amendment 314 #
Proposal for a regulation Article 29 – paragraph 4 4. Before deciding to cancel the registration of a geographical indication, the Office shall consult the competent authority of the Member State,
Amendment 315 #
Proposal for a regulation Article 29 – paragraph 4 4. Before deciding to cancel the registration of a geographical indication, the Office shall consult the competent authority of the Member State, the competent authorities of the third country or, where possible, the third country producer group which had applied for the registration of the geographical indication concerned, unless the cancellation is directly requested by the original applicants. If the geographical indication was registered pursuant to Article 15, the Office shall consult the Advisory Board referred to in Article 33. The Office shall also notify the relevant producer groups or single producers.
Amendment 316 #
Proposal for a regulation 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
Amendment 317 #
Proposal for a regulation Article 32 – paragraph 2 2.
Amendment 318 #
Proposal for a regulation Article 32 – paragraph 2 2. Opposition and cancellation decisions shall be taken by a panel of three members. At least one member shall be legally qualified
Amendment 319 #
Proposal for a regulation Article 33 – paragraph 1 1. An Advisory Board is set up to deliver an opinion where provided for in this Regulation or if deemed as necessary by the Commission and the Office.
Amendment 320 #
Proposal for a regulation Article 33 – paragraph 2 – point b Amendment 321 #
Proposal for a regulation Article 33 – paragraph 2 – point d a (new) (da) the assessment of the conditions of production and the link between the product and its geographical origin;
Amendment 322 #
Proposal for a regulation Article 33 – paragraph 5 5. The Advisory Board shall be composed of one representative of each Member State
Amendment 323 #
Proposal for a regulation Article 33 – paragraph 5 5. The Advisory Board shall be composed of one representative of each Member State and one representatives of the Commission and their respective alternates and any recognized expert in the field of GIs or of the concerned product, including representatives of regions.
Amendment 324 #
Proposal for a regulation Article 33 – paragraph 5 5. The Advisory Board shall be composed of one representative of each Member State
Amendment 325 #
Proposal for a regulation Article 35 – paragraph 1 – introductory part 1. Geographical indications entered in the Union register of geographical indications for craft and industrial products as well as geographical indication protected by international agreement in the Union shall be protected against:
Amendment 326 #
Proposal for a regulation Article 35 – paragraph 1 – introductory part 1. Geographical indications entered in the Union register of geographical indications for craft and industrial products and geographical indications protected under an international agreement within the Union shall be protected against:
Amendment 327 #
Proposal for a regulation Article 35 – paragraph 1 – point a (a) any direct or indirect commercial use of the geographical indication in respect of products not covered by the registration, where those products are identical or similar to the products registered under that geographical indication or where use of the name exploits, weakens, dilutes, or is detrimental to the reputation of, the protected geographical indication, including where those products are parts or components in manufactured products;
Amendment 328 #
Proposal for a regulation Article 35 – paragraph 1 – point a (a) any direct or indirect commercial use of the geographical indication in respect of products not covered by the registration, where those products are identical or similar to the products registered under that geographical indication or where use of the name exploits, weakens, dilutes, or is detrimental to the reputation of, the protected geographical indication even if these products are parts or components of manufactured products;
Amendment 329 #
Proposal for a regulation Article 35 – paragraph 1 – point a (a) any direct or indirect commercial use of the geographical indication in respect of products not covered by the registration, where those products are identical or similar to the products registered under that geographical indication or where use of the name exploits
Amendment 330 #
Proposal for a regulation Article 35 – paragraph 1 – point b (b) any misuse, imitation or evocation, even if the true origin of the products or services is indicated or if the protected geographical indication is translated, transcripted or transliterated, or accompanied by an expression such as ‘style’, ‘type’, ‘method’, ‘as produced in’, ‘imitation’, ‘f
Amendment 331 #
Proposal for a regulation Article 35 – paragraph 1 – point b (b) any misuse, counterfeiting, imitation or evocation, even if the true origin of the products or services is indicated or if the protected geographical indication is translated or accompanied by an expression such as ‘style’, ‘type’, ‘method’, ‘as produced in’, ‘imitation’, ‘flavour’, ‘like’ or similar, even if these products are parts or components of manufactured products;
Amendment 332 #
Proposal for a regulation Article 35 – paragraph 1 – point b (b) any misuse, imitation or misleading evocation, even if the true origin of the products or services is indicated or if the protected geographical indication is translated or accompanied by an expression such as ‘style’, ‘type’, ‘method’, ‘as produced in’, ‘imitation’, ‘flavour’, ‘like’ or similar;
Amendment 333 #
Proposal for a regulation 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 relating to the products, and the packing of the products or on domain names in a container liable to convey a false impression as to their origin;
Amendment 334 #
Proposal for a regulation Article 35 – paragraph 2 2. For the purposes of paragraph 1, point (b), the evocation of a geographical indication shall be deemed to arise, in particular, where a
Amendment 335 #
Proposal for a regulation Article 35 – paragraph 3 3. Paragraph 1 shall also apply to a domain name containing or consisting of the registered geographical indication within the limits of Article 41.
Amendment 336 #
Proposal for a regulation Article 35 – paragraph 5 5. The producer group or
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
Amendment 338 #
Proposal for a regulation Article 36 – paragraph 1 1. Article 35 is without prejudice to the use of a protected geographical indication
Amendment 339 #
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
Amendment 340 #
Proposal for a regulation Article 36 – paragraph 2 2. The geographical indication designating a product’s part or component shall not be used in the sales designation of the manufactured product, except in cases of agreement with a
Amendment 341 #
Proposal for a regulation Article 37 Amendment 342 #
Proposal for a regulation Article 37 – paragraph 1 1. Generic terms not associated with names of a specific place, region or country shall not be registered as a geographical indication.
Amendment 343 #
Proposal for a regulation Article 37 – paragraph 2 Amendment 344 #
Proposal for a regulation Article 39 A
Amendment 345 #
Proposal for a regulation Article 39 A
Amendment 346 #
Proposal for a regulation Article 40 – paragraph 1 1. Member States or the Office in case of direct application shall verify that the producer group operates in a transparent and democratic manner and that all producers of the product designated by the geographical indication enjoy right of membership in the group. Member States may provide that public officials, and other stakeholders such as consumer groups, retailers and suppliers, also participate in the work of the producer group.
Amendment 347 #
Proposal for a regulation Article 40 – paragraph 1 1. Member States or the Office, when Article 15 applies, shall verify that the producer group operates in a transparent and democratic manner and that all producers of the product designated by the geographical indication enjoy right of membership in the group. Member States may provide that public officials, and other stakeholders such as consumer groups, retailers and suppliers, also participate in the work of the producer group.
Amendment 348 #
Proposal for a regulation Article 40 – paragraph 1 1. Member States shall regularly verify that the producer group operates in a transparent and democratic manner and that all producers of the product designated by the geographical indication enjoy right of membership in the group. Member States may provide that public officials, and other stakeholders such as consumer groups, retailers and suppliers, also participate in the work of the producer group.
Amendment 349 #
Proposal for a regulation Article 40 – paragraph 2 – point a (a) develop and amend the product specification and manage internal controls that ensure compliance of production steps of product designated by the geographical indication with that specification;
Amendment 350 #
Proposal for a regulation Article 40 – paragraph 2 – point a (a) develop, modify the product specification and manage internal controls that ensure compliance of production steps of product designated by the geographical indication with that specification;
Amendment 351 #
Proposal for a regulation Article 40 – paragraph 2 – point b (b) take legal action and assert the right including enforcement actions, to ensure the protection of the geographical indication and of the intellectual property rights that are directly connected with it, and prevent or counter any measures which are, or risk being detrimental to the image of their products;
Amendment 352 #
Proposal for a regulation Article 40 – paragraph 2 – point b (b) take legal action to ensure the protection of the geographical indication and of the intellectual property rights that are directly connected with it and prevent and counteract any measures that are or risk being detrimental to the image of their products;
Amendment 353 #
Proposal for a regulation Article 40 – 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 these undertakings
Amendment 354 #
Proposal for a regulation Article 40 – paragraph 2 – point d – point v (v) providing advice and training to current and future producers, including on gender mainstreaming
Amendment 355 #
Proposal for a regulation Article 40 – paragraph 2 – point d – point v (v) providing advice and training to current and future producers
Amendment 356 #
Proposal for a regulation Article 40 – paragraph 2 a (new) 2a. Producer groups shall ensure that producers within the group continuously comply with the relevant product specification when using of the name and symbol in the market. They may: (a) monitor the commercial use of the geographical indication in the market; (b) develop activities related to ensuring compliance of a product designated by a geographical indication with its product specification; (c) take action to ensure adequate legal protection of the geographical indication, including, where appropriate, informing the competent authorities as referred to in Article 45(1).
Amendment 357 #
Proposal for a regulation Article 41 – paragraph 1 1. Country-code top-level domain name registries established in the Union may, upon request of a natural or legal person
Amendment 358 #
Proposal for a regulation Article 42 – paragraph 2 2. The Office and, when applicable, the competent national authorities shall invalidate ex officio trade marks registered in breach of paragraph 1.
Amendment 359 #
Proposal for a regulation Article 42 – paragraph 4 Amendment 360 #
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
Amendment 361 #
Proposal for a regulation Article 43 – paragraph 1 1. A registered geographical indication may be used by any producer marketing a product conforming to the corresponding product specification or to a single document
Amendment 362 #
Proposal for a regulation 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
Amendment 363 #
Proposal for a regulation 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
Amendment 364 #
Proposal for a regulation 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
Amendment 365 #
Proposal for a regulation Article 44 – paragraph 3 3. The abbreviation ‘PGI’ corresponding to the indication ‘protected geographical indication’
Amendment 366 #
Proposal for a regulation Article 44 – paragraph 3 3. The abbreviation ‘PGI’ corresponding to the indication ‘protected geographical indication’ may appear on the labelling and advertising material of products designated by a geographical indication of craft and industrial products.
Amendment 367 #
Proposal for a regulation Article 44 – paragraph 5 Amendment 368 #
Proposal for a regulation Article 44 – paragraph 6 6. The Union symbol indicating the protected geographical indication and the Union indication ‘protected geographical indication’ and the abbreviation ‘PGI’ as relevant,
Amendment 369 #
Proposal for a regulation Article 44 – paragraph 6 6. The Union symbol indicating the protected geographical indication and the Union indication ‘protected geographical indication’ and the abbreviation ‘PGI’ as relevant, may appear on the labelling and, where applicable, on advertising material only after the publication of the decision on registration
Amendment 370 #
Proposal for a regulation Article 44 – paragraph 7 Amendment 371 #
Proposal for a regulation Article 44 – paragraph 8 – introductory part 8.
Amendment 372 #
Proposal for a regulation Article 44 – paragraph 8 – point a (a) depictions of the geographical area of origin, as referred to in the product specification;
Amendment 373 #
Proposal for a regulation Article 44 – paragraph 8 – point b (b)
Amendment 374 #
Proposal for a regulation Article 44 – paragraph 8 – subparagraph 1 (new) Where the size or nature of the product does not allow for the indications in (a) and (b), such information shall be provided on the packaging or in a document accompanying the product.
Amendment 375 #
Proposal for a regulation Article 44 – paragraph 9 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.
Amendment 377 #
Proposal for a regulation Article 45 – paragraph 2 2. Competent authorities referred to in paragraph 1 shall be objective and impartial, and shall have at their disposal
Amendment 378 #
Proposal for a regulation Article 46 – paragraph 4 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.
Amendment 380 #
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, in particular for micro, small, medium-sized enterprises.
Amendment 381 #
Proposal for a regulation Article 47 Amendment 382 #
Proposal for a regulation Article 48 – paragraph 2 2. The enforcement authority shall regularly carry out controls, based on a risk analysis and on notif
Amendment 383 #
Proposal for a regulation Article 48 – paragraph 2 2. The enforcement authority shall carry out 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
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.
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.
Amendment 386 #
Proposal for a regulation Article 48 – paragraph 5 a (new) 5a. As provided for in Article 47(c), applicant producer groups as referred to in Article 6, which obtained the registration of the geographical indication, shall be entitled to notify the authorities designated pursuant to paragraph 1 in order for them to carry out checks as provided for in this Title. In such cases, upon request by the associations, the authorities shall provide information on the progress of the process initiated by such notification.
Amendment 387 #
Proposal for a regulation Article 49 Amendment 388 #
Proposal for a regulation Article 49 – paragraph 1 1. Without prejudice to Article 46, Member States
Amendment 389 #
Proposal for a regulation Article 49 – paragraph 2 2. Member States
Amendment 390 #
Proposal for a regulation Article 49 – paragraph 3 Amendment 391 #
Proposal for a regulation Article 49 – paragraph 3 3. Where self-declarations are used competent authorities shall carry out
Amendment 392 #
Proposal for a regulation Article 50 – paragraph 2 – point b – point iii (iii) is to be impartial, independent and free from any conflict of interest and in particular is not to be in a situation which may, directly or indirectly, affect the impartiality of its professional conduct as regards the performance of those official control tasks delegated to it; and
Amendment 393 #
Proposal for a regulation Article 50 – paragraph 2 – point c – point iii (iii) are to act impartially, independently and are to be free from any conflict of interest as regards the exercise of those official control tasks delegated to them; and
Amendment 394 #
Proposal for a regulation Article 53 – paragraph 2 2. The Office shall make public the names and addresses of the competent authorities and product certification bodies referred to in Article 46(4) and update that information
Amendment 395 #
Proposal for a regulation Article 53 – paragraph 3 3. The Office
Amendment 396 #
Proposal for a regulation Article 60 – paragraph 1 – point 7 – point b Regulation (EU)2019/1753 Article 7 – paragraph 2 In respect of craft and industrial geographical indications, the decision whether to grant protection shall be adopted by the Office
Amendment 397 #
Proposal for a regulation Article 64 – paragraph 1 The digital system referred to in Article 18(1) and the Union register of geographical indications for craft and industrial products referred to in Article 26 shall be developed, kept and maintained by the Office. The Office shall make that digital system easy accessible and design in such a way, that it can be used by the Member States for their national procedure according to Articles 11 (3 a new) and 18 (1).
Amendment 398 #
Proposal for a regulation Article 64 – paragraph 1 a (new) The Office shall ensure that digital systems are made easily accessible to the public, in machine-readable and commonly used formats, and design it in such a way that it can be used by the Member States’ competent authorities for their national procedure in accordance with this Regulation.
Amendment 399 #
Proposal for a regulation Article 67 – paragraph 3 3. In accordance with the procedure laid down in Articles 17 to 2
Amendment 400 #
Proposal for a regulation Article 68 – paragraph 2 2.
source: 737.363
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