2022/0115(COD) | [ParlTrack]

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 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). 7 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). 8 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).

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 area. Therefore producers acting collectively should have the necessary powers and responsibilities to manage their geographical indication, including, if necessary, to respond to societal demands for products resulting from sustainable production in its three dimensions of economic, environmental and social value, and to operate in the market.

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 #

Alessandra BASSO, Marco CAMPOMENOSI, Antonio Maria RINALDI, Isabella TOVAGLIERI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Virginie JORON

Proposal for a regulation
Recital 12

(12) Where applicable, the information included in the single document shall be made available through the Digital Product Passport as set out by the Regulation establishing a framework for ecodesign requirements for sustainable products and repealing Directive 2009/125/ECMicro and small and medium sized companies often struggle with administrative tasks, therefore the competent authorities should draw up the single document for them on the basis of their product specifications and send it for their approval.

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. However, the Office should have the possibility to charge a fee for the direct registration. In that case, the fees charged by the Office should be laid down by an implementing act in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council14 . __________________ 14 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).

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 ~~lower fees for~~progressive fees, taking into account the situation of micro, small or medium-sized enterprises (MSMEs). The Office should not charge a fee for the management of the Union application process. However, the Office should have the possibility to charge a fee for the direct registration. In that case, the fees charged by the Office should be laid down by an implementing act in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council14 . __________________ 14 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).

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 #

Alessandra BASSO, Marco CAMPOMENOSI, Antonio Maria RINALDI, Isabella TOVAGLIERI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Virginie JORON

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 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 that meet the corresponding criteria and that are protected in their country of origin. The Office should carry out the corresponding procedures for geographical indications originating in third countries.

Amendment 128 #

Alessandra BASSO, Marco CAMPOMENOSI, Antonio Maria RINALDI, Isabella TOVAGLIERI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Virginie JORON

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 ~~that~~which recognise and enforce the geographical indications of the Union and which meet the corresponding criteria and that are protected in their country of origin. The Office should carry out the corresponding procedures for geographical indications originating in 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 ~~worldwide~~ opposition procedure at the European level 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 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 #

Alessandra BASSO, Marco CAMPOMENOSI, Antonio Maria RINALDI, Isabella TOVAGLIERI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Virginie JORON

Proposal for a regulation
Recital 17

(17) It is possible for certain Member States to o~~btain a derogation~~pt out 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,~~. That derogation can also 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 respective Member State to set up an infrastructure, employ the necessary personnel and purchase facilities for the management of these geographical indications. It is more effective and economical to provide an alternative procedure for the producer groups from these Member States to protect their products by a geographical indication. The “direct registration procedure” has cost advantages reaped by Member States. Pursuant to this derogation, procedures for registration, amendments to the product specification and cancellation should be managed directly by the Office. In this regard the Office should receive the effective assistance of the administrative authorities of that Member State when required by the Office, through designation of a contact point, as regards in particular aspects related to the examination of the application. In those cases, the Office should be entitled to charge a registration fee, considering that this procedure generates more work for the Office than the management of Union applications. However, the application of the “direct registration procedure” should not exempt Member States from the obligation to designate a competent authority for the controls and enforcement and to take the necessary actions to enforce the rights set out in this Regulation. The competent authority maintained or designated for the management of the geographical indications and the competent authority designated for the controls and enforcement may differ, when a Member State so decides.

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 respective Member State to set up an infrastructure, employ the necessary personnel and purchase facilities for the management of these geographical indications. It is more effective and economical to provide an alternative procedure for the producer groups from these Member States to protect their products by a geographical indication. The “direct registration procedure” has cost advantages reaped by Member States. Pursuant to this derogation, procedures for registration, amendments to the product specification and cancellation should be managed directly by the Office. In this regard the Office should receive the effective assistance of the administrative authorities of that Member State when required by the Office, through designation of a contact point, as regards in particular aspects related to the examination of the application. ~~In those cases, the Office should be entitled to charge a registration fee, considering that this procedure generates more work for the Office than the management of Union applications.~~ However, the application of the “direct registration procedure” should not exempt Member States from the obligation to designate a competent authority for the controls and enforcement and to take the necessary actions to enforce the rights set out in this Regulation. The competent authority maintained or designated for the management of the geographical indications and the competent authority designated for the controls and enforcement may differ, when a Member State so decides.

Amendment 133 #

Proposal for a regulation
Recital 17

(17) It is possible for ~~certain~~ Member States to o~~btain a derogation from the Member States’~~pt-out from their 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,~~. That derogation can also 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 respective Member State to set up an infrastructure, employ the necessary personnel and purchase facilities for the management of these geographical indications. It is more effective and economical to provide an alternative procedure for the producer groups from these Member States to protect their products by a geographical indication. The “direct registration procedure” has cost advantages reaped by Member States. Pursuant to this derogation, procedures for registration, amendments to the product specification and cancellation should be managed directly by the Office. In this regard the Office should receive the effective assistance of the administrative authorities of that Member State when required by the Office, through designation of a contact point, as regards in particular aspects related to the examination of the application. In those cases, the Office should be entitled to charge a registration fee, considering that this procedure generates more work for the Office than the management of Union applications. However, the application of the “direct registration procedure” should not exempt Member States from the obligation to designate a competent authority for the controls and enforcement and to take the necessary actions to enforce the rights set out in this Regulation. The competent authority maintained or designated for the management of the geographical indications and the competent authority designated for the controls and enforcement may differ, when a Member State so decides.

Amendment 134 #

Proposal for a regulation
Recital 18

(18) The Commission, after reviewing the information provided by the Member State, should adopt a Commission Decision establishing the right of the Member State to opt for the exceptional direct registration procedure. Accordingly, the Commission should retain the right to modify and withdraw a Decision allowing a Member State to opt for the “direct registration procedure”, should the conditions not be met by the Member State concerned. This is, for example, the case should the number of direct applications submitted by applicants from that Member State exceed the original number estimated by that Member State in a recurrent manner over time.deleted

Amendment 135 #

Alessandra BASSO, Marco CAMPOMENOSI, Antonio Maria RINALDI, Isabella TOVAGLIERI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Virginie JORON

Proposal for a regulation
Recital 18

Amendment 136 #

Proposal for a regulation
Recital 21

(21) The Commission should have the right to take over from the Office the power to decide concerning individual applications for registration, amendments to the product specification or cancellation. The Office should remain responsible for the examination of the file, the opposition procedure, when needed, and based on technical considerations, it shall submit a proposal for an implementing act to the Commission. Any Member State or the Office may request the Commission to exercise this prerogative. The Commission may also act on its own initiative.deleted

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

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 laid down in this Regulation. In order to support the Office on its assessment of individual applications at any stage of the examination, opposition, appeal or other procedures with specific technical knowledge, the Geographical Indications Division or the Boards of Appeal, at its own initiative or at the request of the Commission, should have the possibility to consult the Advisory Board. The consultation, when necessary, should also include a general opinion on assessing quality criteria, establishing reputation ~~and renow~~of a geographical indication, determining generic nature of a name, and assessing fair competition in commercial transactions and the risk of confusing consumers. The opinion of the Advisory Board should not be binding. The Advisory Board should also include experts in the field of the concerned product category, including from academia. The appointment procedure of the experts and the operation of the Advisory Board should be specified in the rules of procedure of the Advisory Board approved by the Management Board.

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 laid down in this Regulation. In order to support the Office on its assessment of individual applications at any stage of the examination, opposition, appeal or other procedures with specific technical knowledge, the Geographical Indications Division or the Boards of Appeal, at its own initiative or at the request of the Commission, should have the possibility to consult the Advisory Board. The consultation, when necessary, should also include a general opinion on assessing quality criteria, establishing reputation and renown, determining generic nature of a name, and assessing fair competition in commercial transactions and the risk of confusing consumers. The opinion of the Advisory Board should not be binding. The Advisory Board should also include experts in the field of the product category concerned, including from academia. The appointment procedure of the experts and the operation of the Advisory Board should be specified in the rules of procedure of the Advisory Board approved by the Management Board.

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. ~~Persons having a legitimate interest in a registered geographical indication~~The holders of a registered geographical indication or a producer group having a legitimate interest in it should be empowered to request for the revocation or the transfer of the domain name in case the conflicting domain name has been registered by its holder without rights or legitimate interest in the geographical indication or if it has been registered or is being used in bad faith and its use contravenes the protection of a geographical indication. Alternative dispute resolution procedures should not prejudice the possibility of bringing domain name disputes before a national court. In case of conflicts on domain names with non-EU Country-codes, or with EU country codes concerning non- EU Geographical Indications, the dispute settlement should be conducted by EUIPO in cooperation with the international dispute settlement systems already in place, such as the ones managed by WIPO and ICANN.

Amendment 143 #

Alessandra BASSO, Marco CAMPOMENOSI, Antonio Maria RINALDI, Isabella TOVAGLIERI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Virginie JORON

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, ~~it is important~~the Commission, Member States and relevant stakeholders are encouraged to raise awareness among consumers, producers, especially MSMEs and public authorities at national, regional and local level about the initiative.

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. ~~The use of such symbols or indications should remain voluntary for third-country geographical indications.~~

Amendment 145 #

Proposal for a regulation
Recital 40

Amendment 146 #

Proposal for a regulation
Recital 40

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. Member States should be free to establish a third-party verification system operated by the competent authorities, and the product certification bodies, to which those authorities delegate certain official control tasks or a verification system based on a producer’ s self-declaration. The self-declaration should be submitted to the competent authorities assuring conformity with the product specification.

Amendment 148 #

Proposal for a regulation
Recital 44

(44) Member States should have the possibility to allow producers to fulfil their obligation to perform due diligence by submitting a self-declaration to the competent authorities every three years, demonstrating their continued compliance. Producers should be required to renew their self-declaration immediately where there is an amendment to the product specification or a change affecting the concerned product. The use of self-declaration should not prevent producers from having their conformity fully or partially certified by eligible third parties. A third-party certification should be able to supplement a self-declaration but not replace it.deleted

Amendment 149 #

Proposal for a regulation
Recital 44

(44) Member States should have the possibility to allow producers to fulfil their obligation ~~to perform due diligence~~ by submitting a self-declaration to the competent authorities every three years, demonstrating their continued compliance. Producers should be required to renew their self-declaration immediately where there is an amendment to the product specification or a change affecting the concerned product. The use of self- declaration should not prevent producers from having their conformity fully or partially certified by eligible third parties. A third-party certification should be able to supplement a self-declaration but not replace it.

Amendment 150 #

Proposal for a regulation
Recital 45

(45) The self-declaration should provide competent authorities with all necessary information on the product and on its compliance with the product specification. To ensure that the information provided in the self- declaration is comprehensive, a harmonised structure for such declarations should be laid down in Annex. It is important to ensure that the self-declaration is filled in truthfully and accurately. Therefore, the producer should take full responsibility for the information provided in the self- declaration, and should be able to provide the necessary evidence to allow for the verification of that information.deleted

Amendment 151 #

Proposal for a regulation
Recital 46

~~(46) Where a self-declaration certification procedure is in place, competent authorities should carry out random controls.~~deleted

Amendment 152 #

Proposal for a regulation
Recital 46

~~(46) Where a self-declaration certification procedure is in place, competent authorities should carry out random controls.~~deleted

Amendment 153 #

Alessandra BASSO, Marco CAMPOMENOSI, Antonio Maria RINALDI, Isabella TOVAGLIERI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Virginie JORON

Proposal for a regulation
Recital 46

(46) Where a self-declaration certification procedure is in place, competent authorities should carry out ~~random~~ controls no later than 3 months since the submission of a self-declaration.

Amendment 154 #

Marc TARABELLA, René REPASI, Marc ANGEL, Maria GRAPINI

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 frequent official controls. In order to promote compliance with Union legislation by all producers irrespective of the method (based on actual costs or on a flat rate) that each Member States has chosen for the calculation of the fees or charges, where fees or charges are calculated on the basis of overall costs incurred by the competent authorities over a given period of time, and imposed on all producers irrespective of whether they are subject to an official control during the reference period, those fees or charges should be calculated so as to reward producers with a consistently good record of compliance. ~~No fee should be charged for the submission of the self- declaration and its processing.~~

Amendment 155 #

Marc TARABELLA, René REPASI, Marc ANGEL, Maria GRAPINI

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~~; the information and requirements of the self- declaration~~ and the technical assistance of the Office. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making23 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. __________________ 23 Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making (OJ L 123, 12.5.2016, p. 1).

Amendment 156 #

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, reputation or other characteristics linked to their geographical origin and,

Amendment 157 #

Alessandra BASSO, Marco CAMPOMENOSI, Antonio Maria RINALDI, Isabella TOVAGLIERI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Virginie JORON

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~~, reputation~~ or other characteristics linked to their geographical origin and,

Amendment 158 #

Marc TARABELLA, René REPASI, Marc ANGEL, Brando BENIFEI, Maria GRAPINI, Biljana BORZAN

Proposal for a regulation
Article 1 a (new)

Article 1a Objectives This Regulation provides for a unitary and exclusive system of geographical indications, protecting the names of craft and industrial products having quality or reputation or other characteristics linked to their place of production, thereby ensuring the following: (a) producers acting collectively have the necessary powers and responsibilities to manage their geographical indication; (b) fair competition for producers in the marketing chain; (c) consumers receive reliable information and a guarantee of authenticity of such products and can readily identify them in the marketplace including in electronic commerce; (d) effective enforcement and marketing throughout the Union and in electronic commerce ensuring the integrity of the internal market(f)virtuous on the economic and rural development, ensuring the protection of know-how and common heritage;

Amendment 159 #

Proposal for a regulation
Article 2 – paragraph 1

1. This Regulation applies to ~~craft and industrial~~non- agricultural and non-food products listed under the combined nomenclature set out in Annex I to Council Regulation (EEC) No 2658/8724 Products covered by Regulation (EU) 2019/787 of the European Parliament and of the Council, Regulation (EU) No 1308/2013 of the European Parliament and of the Council and Regulation (EU) No 1151/2012 of the European Parliament and of the Council are also excluded from the scope of this Regulation. __________________ 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 160 #

Proposal for a regulation
Article 2 – paragraph 1

1. This Regulation applies to ~~craft and industri~~non- 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 161 #

Proposal for a regulation
Article 2 – paragraph 1

1. This Regulation applies to ~~craft and industri~~non- 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 162 #

Alessandra BASSO, Marco CAMPOMENOSI, Antonio Maria RINALDI, Isabella TOVAGLIERI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Virginie JORON

Proposal for a regulation
Article 2 – paragraph 1

1. This Regulation applies to craft and industrial products listed under the combined nomenclature set out in Annex I to Council Regulation (EEC) No 2658/8724 __________________ 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)creates a sui generis protection for the geographical indication of craft and industrial products.

Amendment 163 #

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

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

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 contribut~~or digital means, or with the aid of digital and other design tools under the direct supervision isof the ~~most important component of the finished product~~business owner (from the project to the manufacturing stage);

Amendment 166 #

Proposal for a regulation
Article 3 – paragraph 1 – point a

(a) ‘~~craft~~non-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 167 #

Alessandra BASSO, Marco CAMPOMENOSI, Antonio Maria RINALDI, Isabella TOVAGLIERI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Virginie JORON

Proposal for a regulation
Article 3 – paragraph 1 – point a

(a) ‘~~craft~~non-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 168 #

Proposal for a regulation
Article 3 – paragraph 1 – point a

(a) ‘craft products’ means products ~~produced either totally by hand or~~made by undertakings that national law defines as artisan, with the aid of manual tools or by mechanical ~~means, whenever~~ or digital means, including withe direct manual ~~contribution is the most~~input during the production process which constitutes an important component of the finished product;

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~~, whenever the direct manual contribution is the most important component of the finished product~~;

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

Amendment 171 #

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

Amendment 172 #

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;

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 #

Marc TARABELLA, René REPASI, Marc ANGEL, Brando BENIFEI, Maria GRAPINI

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 ~~or processors~~, manufacturer and/or processors and/or any other operator working with the same product;

Amendment 175 #

Alessandra BASSO, Marco CAMPOMENOSI, Antonio Maria RINALDI, Isabella TOVAGLIERI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Virginie JORON

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;

Amendment 176 #

Proposal for a regulation
Article 3 – paragraph 1 – point d

Amendment 177 #

Marc TARABELLA, René REPASI, Marc ANGEL, Brando BENIFEI, Maria GRAPINI

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 #

Marc TARABELLA, René REPASI, Marc ANGEL, Maria GRAPINI

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 ~~produc~~manufacturers in a community for a period that allows transmission between generations; this period should be at least 30 years and the said usage may embrace modifications necessitated by changing hygiene and safety practices;

Amendment 180 #

Alessandra BASSO, Marco CAMPOMENOSI, Antonio Maria RINALDI, Isabella TOVAGLIERI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Virginie JORON

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 community~~associated with a given cultural community; historical usage means usage for a period that allows transmission between generations;

Amendment 181 #

Proposal for a regulation
Article 3 – paragraph 1 – point f

Amendment 182 #

Marc TARABELLA, René REPASI, Marc ANGEL, Maria GRAPINI

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 #

Alessandra BASSO, Marco CAMPOMENOSI, Antonio Maria RINALDI, Isabella TOVAGLIERI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Virginie JORON

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;

Amendment 184 #

Proposal for a regulation
Article 3 – paragraph 1 – point g

(g) 'producer' means an operator engaged in ~~any~~one or more production step of a product the name of which is protected as a geographical indication, including processing activities, covered by the product specification;

Amendment 185 #

Alessandra BASSO, Marco CAMPOMENOSI, Antonio Maria RINALDI, Isabella TOVAGLIERI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Virginie JORON

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, ~~have become the common name of a product in the Union or~~ do not have a given quality, reputation or other characteristics traditionally linked to their geographical origin;

Amendment 186 #

Alessandra BASSO, Marco CAMPOMENOSI, Antonio Maria RINALDI, Isabella TOVAGLIERI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Virginie JORON

Proposal for a regulation
Article 3 – paragraph 1 – point h – point ii

(ii) a common term descriptive of the type of product, or product attributes ~~or other terms that do not refer to specific product~~;

Amendment 187 #

Proposal for a regulation
Article 3 – paragraph 1 – point i

(i) ‘product certification body’ means a ~~legal person which~~body accredited by the national authorities to certif~~ies~~y 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 188 #

Marc TARABELLA, René REPASI, Marc ANGEL, Brando BENIFEI, Maria GRAPINI

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

(j) ‘self-declaration’ means a document 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.deleted

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 ~~European Union Intellectual Property Office (‘the Office)~~Office indicating at inaccuracies in the application without triggering the opposition procedure.

Amendment 193 #

Alessandra BASSO, Marco CAMPOMENOSI, Antonio Maria RINALDI, Isabella TOVAGLIERI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Virginie JORON

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 ~~and~~or industrial product to qualify for “geographical indication” protection, the product shall comply with the following requirements:

Amendment 195 #

Proposal for a regulation
Article 5 – paragraph 1 – point a

(a) The product originates in a ~~specific place, region or~~given place, a well-defined area that is known to the public or a specific country;

Amendment 196 #

Proposal for a regulation
Article 5 – paragraph 1 – point b

(b) Its given quality~~, reputation~~ or other characteristic is essentially attributable to its geographical origin; and

Amendment 197 #

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 the stage 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 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 #

Alessandra BASSO, Marco CAMPOMENOSI, Antonio Maria RINALDI, Isabella TOVAGLIERI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Virginie JORON

Proposal for a regulation
Article 5 – paragraph 1 – point c

Amendment 200 #

Marc TARABELLA, René REPASI, Marc ANGEL, Maria GRAPINI

Proposal for a regulation
Article 6 – paragraph 1

1. Applications for the registration of geographical indications shall ~~only~~ be submitted by a producer group ~~of a product~~ (‘applicant producer group’), the name of which is proposed for registration. Regional or local public entities may help in the preparation of the application and in the related procedure.

Amendment 201 #

Proposal for a regulation
Article 6 – paragraph 2

2. An authority designated by a Member State 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.deleted

Amendment 202 #

Alessandra BASSO, Marco CAMPOMENOSI, Antonio Maria RINALDI, Isabella TOVAGLIERI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Virginie JORON

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 to be an applicant producer group for the purposes of this Title~~, where both of the following conditions are fulfilled:~~ if the person concerned is the only producer willing to submit an application for the registration of a geographical indication.

Amendment 204 #

Alessandra BASSO, Marco CAMPOMENOSI, Antonio Maria RINALDI, Isabella TOVAGLIERI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Virginie JORON

Proposal for a regulation
Article 6 – paragraph 3 – point a

~~(a) the person concerned is the only producer willing to submit an application for the registration of a geographical indication;~~deleted

Amendment 205 #

Alessandra BASSO, Marco CAMPOMENOSI, Antonio Maria RINALDI, Isabella TOVAGLIERI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Virginie JORON

Proposal for a regulation
Article 6 – paragraph 3 – point b

(b) the geographical area concerned is defined by natural features without reference to property boundaries and has characteristics which differ appreciably from those of neighbouring areas or the characteristics of the product are different from those produced in neighbouring areas.deleted

Amendment 206 #

Marc TARABELLA, René REPASI, Brando BENIFEI

Proposal for a regulation
Article 6 – paragraph 3 – point b

Amendment 207 #

Marc TARABELLA, René REPASI, Marc ANGEL, Brando BENIFEI, Maria GRAPINI

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 #

Alessandra BASSO, Marco CAMPOMENOSI, Antonio Maria RINALDI, Isabella TOVAGLIERI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Virginie JORON

Proposal for a regulation
Article 6 – paragraph 4

4. In the case of a geographical indication that designates a cross-border geographical area, producer groups from different Member States may lodge a joint application for the registration of a geographical indication from either Member State. When the cross-border geographical area concerns a Member State and a third country, they may lodge a joint application for registration with the national authority of the Member State concerned. ~~When the cross-border geographical area concerns several third countries, several producer groups may lodge a joint application with the Office.~~

Amendment 209 #

Marc TARABELLA, René REPASI, Marc ANGEL, Maria GRAPINI

Proposal for a regulation
Article 7 – paragraph 1 – introductory part

1. ~~Craft and~~In order for the name of a craft or industrial products t~~he names of which ar~~o be registered as a geographical indication, the product shall comply with a product specification, which shall include at least:

Amendment 210 #

Alessandra BASSO, Marco CAMPOMENOSI, Antonio Maria RINALDI, Isabella TOVAGLIERI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Virginie JORON

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 ~~at least~~:

Amendment 211 #

Alessandra BASSO, Marco CAMPOMENOSI, Antonio Maria RINALDI, Isabella TOVAGLIERI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Virginie JORON

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 #

Marc TARABELLA, René REPASI, Marc ANGEL, Brando BENIFEI, Maria GRAPINI

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, orand a name used in trade or in common language to describe the specific product in the defined geographical area;

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 #

Marc TARABELLA, René REPASI, Marc ANGEL, Maria GRAPINI

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 ~~creating the link referred to in point (g)~~as referred to in Article 5 point (b) and details establishing the link between the geographical area and a given quality, the reputation or other characteristic of the product,

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~~, point (c)~~;

Amendment 217 #

Proposal for a regulation
Article 7 – paragraph 1 – point g

~~(g) details establishing the link between a given quality, the reputation or other characteristic of the product and the geographical origin as referred to in Article 5, point (b);~~deleted

Amendment 218 #

Proposal for a regulation
Article 7 – paragraph 1 – point g

(g) details establishing the link between a given quality~~, the reputation~~ or other characteristic of the product and the geographical origin as referred to in Article 5, point (b);

Amendment 219 #

Marc TARABELLA, René REPASI, Marc ANGEL, Brando BENIFEI, Maria GRAPINI

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 #

Marc TARABELLA, René REPASI, Marc ANGEL, Maria GRAPINI

Proposal for a regulation
Article 7 – paragraph 1 – point i

(i) other ~~applicable~~ requirements where provided for by Member States or by a producer group, ifas applicable, having regard to the fact that such requirements must be objective, non-discriminatory and compatible with Union law.

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 #

Marc TARABELLA, René REPASI, Marc ANGEL, Brando BENIFEI, Maria GRAPINI

Proposal for a regulation
Article 7 – paragraph 1 a (new)

1a. Product specification shall contain objective and non-discriminatory elements only.

Amendment 224 #

Marc TARABELLA, René REPASI, Marc ANGEL, Maria GRAPINI

Proposal for a regulation
Article 8 – paragraph 1 – point a – point i

(i) the name to be protected as a geographical indication;

Amendment 225 #

Alessandra BASSO, Marco CAMPOMENOSI, Antonio Maria RINALDI, Isabella TOVAGLIERI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Virginie JORON

Proposal for a regulation
Article 8 – paragraph 1 – point a – point i a (new)

(ia) (ii) product type (hand-made or industrial);

Amendment 226 #

Marc TARABELLA, René REPASI, Marc ANGEL, Brando BENIFEI, Maria GRAPINI

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 #

Marc TARABELLA, René REPASI, Marc ANGEL, Maria GRAPINI

Proposal for a regulation
Article 8 – paragraph 1 – point a – point ii

(ii) a description of the product, including, where appropriate, ~~specific rules~~the raw materials and information concerning the packaging and labelling,

Amendment 229 #

Alessandra BASSO, Marco CAMPOMENOSI, Antonio Maria RINALDI, Isabella TOVAGLIERI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Virginie JORON

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 #

Marc TARABELLA, René REPASI, Marc ANGEL, Brando BENIFEI, Maria GRAPINI

Proposal for a regulation
Article 8 – paragraph 1 – point a – point iii a (new)

(iiia) the main steps of production;

Amendment 231 #

Marc TARABELLA, René REPASI, Marc ANGEL, Maria GRAPINI

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 #

Alessandra BASSO, Marco CAMPOMENOSI, Antonio Maria RINALDI, Isabella TOVAGLIERI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Virginie JORON

Proposal for a regulation
Article 9 – paragraph 2

~~2. The Commission shall be empowered to adopt~~ delegated ~~acts supplementing this Regulation by provisions clarifying the requirements or listing additional items of the accompanying documentation to be supplied.~~

Amendment 233 #

Alessandra BASSO, Marco CAMPOMENOSI, Antonio Maria RINALDI, Isabella TOVAGLIERI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Virginie JORON

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 and requests for cancellations.deleted

Amendment 234 #

Marc TARABELLA, René REPASI, Marc ANGEL, Maria GRAPINI

Proposal for a regulation
Article 10 – paragraph 1

Amendment 235 #

Alessandra BASSO, Marco CAMPOMENOSI, Antonio Maria RINALDI, Isabella TOVAGLIERI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Virginie JORON

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, for the administrative costs of filing applications the level of the fees shall be reasonable, foster the competitiveness of the producers of the geographical indications and shall take into account the situation of micro, small and medium-sized enterprises, enabling them full access to the protection of geographical indications and the safeguarding of their intellectual property rights.

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 ~~take~~be progressive, taking into account the situation of micro, small and medium-sized enterprises.

Amendment 238 #

Marc TARABELLA, René REPASI, Marc ANGEL, Maria GRAPINI, Biljana BORZAN

Proposal for a regulation
Article 10 – paragraph 2

2. ~~Where a Member State charges a fee, the level of the fees~~Any fee charged under this Article shall be reasonable, foster the competitiveness of the producers of the geographical indications and shall take into account the situation of micro, small and medium-sized enterprises.

Amendment 239 #

Alessandra BASSO, Marco CAMPOMENOSI, Antonio Maria RINALDI, Isabella TOVAGLIERI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Virginie JORON

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 ~~take into account the situation of~~foresee reductions for micro, small and medium- sized enterprises.

Amendment 240 #

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. 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).deleted

Amendment 241 #

Alessandra BASSO, Marco CAMPOMENOSI, Antonio Maria RINALDI, Isabella TOVAGLIERI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Virginie JORON

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

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. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 65(2).deleted

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 #

Alessandra BASSO, Marco CAMPOMENOSI, Antonio Maria RINALDI, Isabella TOVAGLIERI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Virginie JORON

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. TIn the case of geographical indication that designates a cross-border geographical area, two or more Member States may agree that the competent authority of one Member State is in charge of the national phase of the registration and other procedures, including the submission of the Union application to the Office, also on behalf of the other Member State, or Member States.

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 #

Alessandra BASSO, Marco CAMPOMENOSI, Antonio Maria RINALDI, Isabella TOVAGLIERI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Virginie JORON

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 #

Marc TARABELLA, René REPASI, Marc ANGEL, Maria GRAPINI, Biljana BORZAN

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 #

Alessandra BASSO, Marco CAMPOMENOSI, Antonio Maria RINALDI, Isabella TOVAGLIERI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Virginie JORON

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

Amendment 253 #

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 applicationcheck the admissibility of the opposition. If it considers that the opposition is admissible, it shall, within 30 days after the receipt of that opposition, invite the opponent and the applicant to engage in consultations for a reasonable period not exceeding 3 months. At any time during that period, the competent authority may, at the request of either party, extend the time limit for the consultations by a maximum of 3 months.

Amendment 254 #

Marc TARABELLA, René REPASI, Brando BENIFEI, Maria GRAPINI

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 assessment of the results of any oppositions received, and any changes to the application agreed with the applicant, finds that the requirements of this Regulation are met, within two months it shall take a favourable decision and within two months from the favourable decision lodge a Union application for registration in accordance with Article 17.

Amendment 257 #

Proposal for a regulation
Article 15 – paragraph 1 – introductory part

1. By way of derogation from Article 11, ~~the Commission shall be empowered to exempt a Member Sta~~a Member State can be exempted from the obligation to designate a competent authority in accordance with Article 11(1) and to handle the management of the applications of geographical indications for craft and industrial products at national level, if the Member State, by 6 months from the date of entry into force of this Regulation, ~~provide~~informs the Commission ~~with evidence that shows that the following conditions are met:~~about its opt-out.

Amendment 258 #

Proposal for a regulation
Article 15 – paragraph 1 – introductory part

1. By way of derogation from Article 11, ~~the Commission shall be empowered to exempt~~ a Member State may opt-out from the obligation to designate a competent authority in accordance with Article 11(1) and to handle the management of the applications of geographical indications for craft and industrial products at national level, if the Member State, by 6 months from the date of entry into force of this Regulation, ~~provide~~informs the Commission about its opt-out with evidence that shows that the following conditions are met:

Amendment 259 #

Proposal for a regulation
Article 15 – paragraph 1 – point a

~~(a) the Member State concerned does not have a national sui generis system in place for the management of geographical indications for craft and industrial products; an~~deleted

Amendment 260 #

Proposal for a regulation
Article 15 – paragraph 1 – point b

(b) the Member State concerned submits a request for an opt-out accompanied by an assessment to the Commission demonstrating that the local interest for protecting craft and industrial products by a geographical indication is low.deleted

Amendment 261 #

Proposal for a regulation
Article 15 – paragraph 2

~~2. The Commission may request further information from the Member State before adopting a Commission Decision on the derogation referred in paragraph 1.~~deleted

Amendment 262 #

Proposal for a regulation
Article 15 – paragraph 2

2. The Commission may request further information from the Member State ~~before adopting a Commission Decision~~ on the derogation referred in paragraph 1.

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 ~~producer group~~n applicant of that Member State for registration, cancellation or amendment tof the product specification of a geographical indication originating in the Union shall be addressed directly to the Office. In case Article 8 (2) applies the Office shall also prepare the single document on the basis of the information provided according to Articles 7 and 9.

Amendment 264 #

Proposal for a regulation
Article 15 – paragraph 5

5. If the number of direct applications submitted by applicants from a Member State that has opted out substantially exceeds the estimate given in the assessment submitted by the Member State pursuant to paragraph 1, the Commission may withdraw its decision referred to in paragraph 2.deleted

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 examination process. Upon request by the Member State, the time limit may be extended by 60 working days. Such assistance shall include examining certain specific aspects of the applications lodged by the applicant with the Office, verifying certain information in the applications, issuing declarations concerning such information and replying to other requests for clarifications made by the Office in relation to the applications.

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 #

Alessandra BASSO, Marco CAMPOMENOSI, Antonio Maria RINALDI, Isabella TOVAGLIERI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Virginie JORON

Proposal for a regulation
Article 17 – paragraph 1 – point c

(c) declaration by the Member State ~~to which the application was initially addressed, confirming that the application meets the conditions for registration under this Regulation~~confirming that there is no objection at national level;

Amendment 269 #

Proposal for a regulation
Article 17 – paragraph 3

~~3. For geographical indications concerning products originating in a third country or countries the application for registration is submitt~~deleted the product specification referred the single document referred to in the Office, such application for registration shall comprise: (a) to in Article 7 together with its publication reference; (b) Article 8; (c) referred to in Article 9; (d) geographical indication in its country of origin; (e) applicant is represented by an agent.accompanying documentation legal proof of protection of the a power of attorney where the

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 registration is submitted to the Office, such application for registration may be submitted only by third countries which recognise and enforce the geographical indications of the Union and shall comprise:

Amendment 271 #

Alessandra BASSO, Marco CAMPOMENOSI, Antonio Maria RINALDI, Isabella TOVAGLIERI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Virginie JORON

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 ~~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 and a third country, the joint application shall be submitted by the Member State concerned.

Amendment 273 #

Alessandra BASSO, Marco CAMPOMENOSI, Antonio Maria RINALDI, Isabella TOVAGLIERI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Virginie JORON

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 orconcerned and, where relevant, the documents listed in paragraph 3 of this Article, from the third countries concerned. The related national procedure for application, the examination and opposition procedure referred to in Articles 11, 12 and 13 shall be carried out in all the Member States and third countries concerned.

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 ~~third countries~~, in case of a cross-border geographical area with one or more non-EU countries, from a third country concerned. The related national procedure for application, the examination and opposition procedure referred to in Articles 11, 12 and 13 shall be carried out in all the Member States and from a third countr~~ies~~y concerned.

Amendment 275 #

Marc TARABELLA, René REPASI, Marc ANGEL, Maria GRAPINI

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 third countries concerned. The related national procedure for application, the examination and opposition procedure referred to in Articles 11, 12 and 13 shall be carried out in all the Member States and third countries concerned.

Amendment 276 #

Alessandra BASSO, Marco CAMPOMENOSI, Antonio Maria RINALDI, Isabella TOVAGLIERI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Virginie JORON

Proposal for a regulation
Article 17 – paragraph 6

~~6. The Commission shall be empowered to adopt~~ delegated ~~acts defining procedures and conditions applicable to the preparation and submission of Union applications for registration.~~

Amendment 277 #

Alessandra BASSO, Marco CAMPOMENOSI, Antonio Maria RINALDI, Isabella TOVAGLIERI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Virginie JORON

Proposal for a regulation
Article 18 – paragraph 2

2. Where the application for registration relates to a geographical area in a third country, the application shall be submitted to the Office, either directly by the applicant producer group or by the competent authority of the third country concerned. The digital system, referred to in paragraph 1, shall have capacity to allow the submission of those applications by an applicant producer group established in a third country and by the competent authorities in the third country concerned. The applicant producer group and the competent authorities of the third country concerned shall be considered a party to the procedure.deleted

Amendment 278 #

Marc TARABELLA, René REPASI, Marc ANGEL, Brando BENIFEI, Maria GRAPINI

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 #

Alessandra BASSO, Marco CAMPOMENOSI, Antonio Maria RINALDI, Isabella TOVAGLIERI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Virginie JORON

Proposal for a regulation
Article 19 – paragraph 4

4. The Office may seek supplementary information from the Member State concerned. If the application is lodged by a producer group from a third country or by the competent authority of a third country, such producer group or competent authority shall provide supplementary information where requested to do so by the Office.

Amendment 280 #

Alessandra BASSO, Marco CAMPOMENOSI, Antonio Maria RINALDI, Isabella TOVAGLIERI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Virginie JORON

Proposal for a regulation
Article 19 – paragraph 6

Amendment 281 #

Proposal for a regulation
Article 19 – paragraph 6

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 admissibility of the opposition. If the Office considers that the opposition is admissible, it shall, within 60 working days after the receipt of that opposition, invite the opponent and the applicant to engage in consultations for a reasonable period not exceeding 3 months. At any time during that period, the Office may, at the request of either party, extend the time limit for the consultations by a maximum of 3 months. The Office may offer mediation for the consultations between the applicant and the opponent pursuant to Article 170 of Regulation (EU) 2017(1001).

Amendment 284 #

Proposal for a regulation
Article 21 – paragraph 6

6. Within 1 month from the end of the consultations referred to in paragraph 23, the applicant established in the third country or the competent authority of the Member State or of the third country from which the application for Union registration was lodged shall notify the Office and, where applicable, the relevant producer groups or single producers of the result of the consultations, whether an agreement was reached with one or all of the opponents, and of any consequent changes to the application made by that applicant. The opponent may also notify the Office of its position at the end of the consultations.

Amendment 285 #

Alessandra BASSO, Marco CAMPOMENOSI, Antonio Maria RINALDI, Isabella TOVAGLIERI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Virginie JORON

Proposal for a regulation
Article 21 – paragraph 9

9. The Office ~~may~~shall share the notice of comment with the applicant and the opponent.

Amendment 286 #

Marc TARABELLA, René REPASI, Marc ANGEL, Maria GRAPINI

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 #

Marc TARABELLA, René REPASI, Marc ANGEL, Maria GRAPINI

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 #

Marc TARABELLA, René REPASI, Marc ANGEL, Maria GRAPINI

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 53 years to enable, for products originating in a Member State or a third country the designation of which consists of or contains a name that contravenes Article 35, the continued use of that designation, under which they were marketed, provided that an admissible and grounded opposition, under Article 13 or Article 21, to the application for registration of the geographical indication whose protection is contravened shows that:

Amendment 289 #

Proposal for a regulation
Article 23 – paragraph 2

2. The Office may decide to extend the transitional period granted under paragraph 1 up to 15 years, or allowing continued use for up to 15 years, provided it is additionally shown that: (a) referred to in paragraph 1 has been in legal use consistently and fairly for at least 25 years before the application for registration of the concerned geographical indication was submitted to the Office; (b) the designation referred to in paragraph (1) has not, at any time, been to profit from the reputation of the name of the product that has been registered as geographical indication; and (c) the consumer has not been or could not have been misled as to the true origin of the product.deleted the name in the designation the purpose of using the name in

Amendment 290 #

Marc TARABELLA, René REPASI, Marc ANGEL, Maria GRAPINI

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 15 years, or allowing continued use for up to 15 years, provided it is additionally shown that:

Amendment 291 #

Marc TARABELLA, René REPASI, Marc ANGEL, Maria GRAPINI

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 105 years, with effect from the date on which the application is ~~lodged with~~registered by the Office, provided that the operators concerned have legally marketed the products in question, using the names concerned continuously for at least 5 years preceding the lodging of the application to the authorities of that Member State and have referred to that fact in the national opposition procedure referred to in Article 13.

Amendment 292 #

Alessandra BASSO, Marco CAMPOMENOSI, Antonio Maria RINALDI, Isabella TOVAGLIERI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Virginie JORON

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 swit~~uated in~~h a third country, with the exception of the opposition procedure.

Amendment 293 #

Marc TARABELLA, René REPASI, Marc ANGEL, Maria GRAPINI

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 rejecting the application for registration. The office shall publish geographical indication application refusal.

Amendment 294 #

Marc TARABELLA, René REPASI, Marc ANGEL, Maria GRAPINI

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, ~~class of the~~type of product, indications of the country or countries of origin and the reference to the decision published in the Union register of geographical indications for craft and industrial products shall be published in the Official Journal of the European Union.

Amendment 295 #

Alessandra BASSO, Marco CAMPOMENOSI, Antonio Maria RINALDI, Isabella TOVAGLIERI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Virginie JORON

Proposal for a regulation
Article 25

Decision by the Commission 1. registration referred to in Article 17, the Commission may take over from the Office, at any time before the end of the procedure, on its own initiative, on the initiative of a Member State or the Office, the power to decide on the application for registration of the proposed geographical indication where such decision may jeopardise the public interest or the Union’s trade or external relations. The Office shall submit a proposal to the Commission for a decision pursuant to Article 24(2) to 24(6). The Commission shall adopt the final act on the application for registration. This paragraph shall apply mutatis mutandis to the cancellation and the amendment of the product specification. 2. paragraph 1 of this Article, the Commission shall adopt implementing acts on the protection of the geographical indication. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 65(2) and shall be published in the Official Journal of the European Union and in the Union register of geographical indications for craft and industrial products. 3. Commission has access to the documents concerning the applications for registration, any amendment of the product specification and cancellation through the digital system referred to in Article 18(1) and Article 26(1).Article 25 deleted Concerning applications for In situations referred to in The Office shall ensure that the

Amendment 296 #

Proposal for a regulation
Article 26 – paragraph 1

1. A ~~publicly accessible~~n electronic Union register of geographical indications for craft and industrial products shall be made easily accessible to the public, in machine- readable, commonly used formats. It shall be developed, kept and maintained by the Office for the management of geographical indications for craft and industrial products.

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 #

Marc TARABELLA, René REPASI, Marc ANGEL, Brando BENIFEI, Maria GRAPINI

Proposal for a regulation
Article 26 – paragraph 3 – point b

(b) the ~~class of the~~type of product;

Amendment 299 #

Marc TARABELLA, René REPASI, Marc ANGEL, Brando BENIFEI, Maria GRAPINI

Proposal for a regulation
Article 26 – paragraph 7

Amendment 300 #

Marc TARABELLA, René REPASI, Marc ANGEL, Maria GRAPINI

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 #

Alessandra BASSO, Marco CAMPOMENOSI, Antonio Maria RINALDI, Isabella TOVAGLIERI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Virginie JORON

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 #

Marc TARABELLA, René REPASI, Marc ANGEL, Brando BENIFEI, Maria GRAPINI

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 #

Marc TARABELLA, René REPASI, Marc ANGEL, Maria GRAPINI

Proposal for a regulation
Article 28 – paragraph 3 – point a

(a) the amendment includes a change in the name~~, or in the use of the name,~~

Amendment 305 #

Marc TARABELLA, René REPASI, Marc ANGEL, Maria GRAPINI

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 ~~or, where Article 25 applies, the Commission~~. The approval procedure shall follow mutatis mutandis the procedure and publication requirements laid down in Articles 6 to 254.

Amendment 307 #

Alessandra BASSO, Marco CAMPOMENOSI, Antonio Maria RINALDI, Isabella TOVAGLIERI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Virginie JORON

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. ~~Where Article 25 applies, the Office shall approve the standard amendments.~~ The Office shall make those amendments public in the Union register of geographical indications for craft and industrial products.

Amendment 308 #

Alessandra BASSO, Marco CAMPOMENOSI, Antonio Maria RINALDI, Isabella TOVAGLIERI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Virginie JORON

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~~, 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 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 75 years.

Amendment 311 #

Marc TARABELLA, René REPASI, Marc ANGEL, Maria GRAPINI

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 #

Alessandra BASSO, Marco CAMPOMENOSI, Antonio Maria RINALDI, Isabella TOVAGLIERI

Proposal for a regulation
Article 29 – paragraph 2

~~2. The Office may, at the request of the producer group of the product marketed under the registered name, decide to cancel the corresponding registration.~~deleted

Amendment 313 #

Proposal for a regulation
Article 29 – paragraph 3

3. Article 6 and Articles 19 to 254 shall apply mutatis mutandis to the cancellation procedure.

Amendment 314 #

Alessandra BASSO, Marco CAMPOMENOSI, Antonio Maria RINALDI, Isabella TOVAGLIERI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Virginie JORON

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,~~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. Any natural person affected by the cancellation of the registration of a geographical indication may submit observations during the cancellation procedure. If the geographical indication was registered pursuant to Article 15, the Office shall consult the Advisory Board referred to in Article 33.

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 #

Marc TARABELLA, René REPASI, Marc ANGEL, Maria GRAPINI

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 ~~submission of an application for a~~registration of the geographical indication, the information and alert system shall inform ~~applicants for~~right holders of a geographical indication about the availability of their geographical indication as a domain name, and on an optional basis once a domain name containing an identical or similar name with their geographical indication is registered (domain name alerts).

Amendment 317 #

Marc TARABELLA, René REPASI, Marc ANGEL, Brando BENIFEI, Maria GRAPINI

Proposal for a regulation
Article 32 – paragraph 2

2. ~~Opposition and cancellation decisions~~All decisions referred to in paragraph 1 shall be taken by a panel of at least three members. At least one member shall be legally qualified. All other decisions of paragraph 1 shall be taken by a single member.

Amendment 318 #

Marc TARABELLA, René REPASI, Marc ANGEL, Brando BENIFEI, Maria GRAPINI

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~~. All othe~~ and/or dtec~~isions of paragraph 1 shall be taken by a single member~~hnically qualified.

Amendment 319 #

Marc TARABELLA, René REPASI, Marc ANGEL, Brando BENIFEI, Maria GRAPINI

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

~~(b) the establishment of reputation and renown;~~deleted

Amendment 321 #

Marc TARABELLA, René REPASI, Marc ANGEL, Brando BENIFEI, Maria GRAPINI

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 ~~and~~, one representatives of the Commission ~~and their respective altern~~, their respective alternates and independent experts in the field of the product category concerned, including from academia, as well as representatives of regional or local authorities, where appropriates.

Amendment 323 #

Marc TARABELLA, René REPASI, Marc ANGEL, Brando BENIFEI, Maria GRAPINI

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 #

Alessandra BASSO, Marco CAMPOMENOSI, Antonio Maria RINALDI, Isabella TOVAGLIERI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Virginie JORON

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 experts in the field of the concerned product category, including of academia.

Amendment 325 #

Marc TARABELLA, René REPASI, Marc ANGEL, Brando BENIFEI, Maria GRAPINI

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 #

Marc TARABELLA, René REPASI, Marc ANGEL, Brando BENIFEI, Maria GRAPINI

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 #

Alessandra BASSO, Marco CAMPOMENOSI, Antonio Maria RINALDI, Isabella TOVAGLIERI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Virginie JORON

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 #

Alessandra BASSO, Marco CAMPOMENOSI, Antonio Maria RINALDI, Isabella TOVAGLIERI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Virginie JORON

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,~~ or weakens the protected geographical indication;

Amendment 330 #

Marc TARABELLA, René REPASI, Marc ANGEL, Brando BENIFEI, Maria GRAPINI

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~~lavour~~ragrance’, ‘like’ or similar, including where those products are parts or components in manufactured products;

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 #

Alessandra BASSO, Marco CAMPOMENOSI, Antonio Maria RINALDI, Isabella TOVAGLIERI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Virginie JORON

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 #

Marc TARABELLA, René REPASI, Marc ANGEL, Brando BENIFEI, Maria GRAPINI

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 ~~term, sign, or other labelling or packaging device presents a direct and clear link~~clear link is present with the product covered by the registered geographical indication in the mind of the reasonably circumspect consumer, thereby exploiting, weakening, diluting or being detrimental to the reputation of the registered name.

Amendment 335 #

Alessandra BASSO, Marco CAMPOMENOSI, Antonio Maria RINALDI, Isabella TOVAGLIERI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Virginie JORON

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 ~~any producer that is entitled to use~~the holder of the protected geographical indication shall be entitled to prevent all third parties from bringing goods, in the course of trade, into the Union without being released for free circulation there, where such goods, including packaging, come from third countries and are contrary to paragraph 1.

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 indication~~does not undermine the protection provided under Article 35.

Amendment 338 #

Marc TARABELLA, René REPASI, Marc ANGEL, Maria GRAPINI

Proposal for a regulation
Article 36 – paragraph 1

1. Article 35 is without prejudice to the use of a protected geographical indication ~~by producers in conformity with Article 43 to~~name indicateing that a manufactured product contains or integrates, as a part or component, a product designated by that geographical indication provided that such use is made in accordance with honest commercial practices, is agreed with the geographical indication right holder and does not weaken, dilute, or is not detrimental to, the reputation of the 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~~, dilute, or is not detrimental to, the reputation of~~ the geographical indication.

Amendment 340 #

Marc TARABELLA, René REPASI, Marc ANGEL, Maria GRAPINI

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 ~~producer group or, in situ~~geographical indications r~~eferred to in Article 6(3), a single produc~~ight holder.

Amendment 341 #

Alessandra BASSO, Marco CAMPOMENOSI, Antonio Maria RINALDI, Isabella TOVAGLIERI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Virginie JORON

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

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 #

Alessandra BASSO, Marco CAMPOMENOSI, Antonio Maria RINALDI, Isabella TOVAGLIERI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Virginie JORON

Proposal for a regulation
Article 37 – paragraph 2

~~2. To establish whether or not a term has become generic, account shall be taken~~deleted the existing situation in areas of ~~all~~the relevant ~~factors, in particular: (a) consumption; (b) legal acts.~~Union or national

Amendment 344 #

Alessandra BASSO, Marco CAMPOMENOSI, Antonio Maria RINALDI, Isabella TOVAGLIERI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Virginie JORON

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

Amendment 345 #

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

Amendment 346 #

Marc TARABELLA, René REPASI, Marc ANGEL, Brando BENIFEI, Maria GRAPINI

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 #

Alessandra BASSO, Marco CAMPOMENOSI, Antonio Maria RINALDI, Isabella TOVAGLIERI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Virginie JORON

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 #

Alessandra BASSO, Marco CAMPOMENOSI, Antonio Maria RINALDI, Isabella TOVAGLIERI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Virginie JORON

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 #

Marc TARABELLA, René REPASI, Marc ANGEL, Brando BENIFEI, Maria GRAPINI

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 #

Marc TARABELLA, René REPASI, Marc ANGEL, Brando BENIFEI, Maria GRAPINI

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 #

Alessandra BASSO, Marco CAMPOMENOSI, Antonio Maria RINALDI, Isabella TOVAGLIERI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Virginie JORON

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 #

Alessandra BASSO, Marco CAMPOMENOSI, Antonio Maria RINALDI, Isabella TOVAGLIERI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Virginie JORON

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 ~~and assuring adequate publicity for them in particular in an information system provided by the Commission~~;

Amendment 354 #

Alessandra BASSO, Marco CAMPOMENOSI, Antonio Maria RINALDI, Isabella TOVAGLIERI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Virginie JORON

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 ~~and equa~~, equality, workers' rights and environmental sustainability; and

Amendment 355 #

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 and equality~~; and

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 #

Alessandra BASSO, Marco CAMPOMENOSI, Antonio Maria RINALDI, Isabella TOVAGLIERI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Virginie JORON

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 ~~having a legitimate interest or rights~~being the rights-holder of a geographical indication or being mandated by a producer group having a legitimate interest in a protected geographical indication, revoke or transfer a domain name registered under such country-code top- level domain to the producer group of the products with the geographical indication concerned, following an appropriate alternative- dispute-resolution procedure or judicial procedure, if such domain name has been registered by its holder without rights or legitimate interest in the geographical indication or if it has been registered or is being used in bad faith and its use contravenes Article 35.

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 #

Alessandra BASSO, Marco CAMPOMENOSI, Antonio Maria RINALDI, Isabella TOVAGLIERI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Virginie JORON

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

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~~, registered, or established by use in good faith within the territory of the Union, if that possibility is provided for by the legislation concerned,~~ or protected within the territory of the Union 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~~until the expiry of the trade mark registration, 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. After the expiry of the trade mark registration, products so labelled may be marketed until the stocks are exhausted. __________________ 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).

Amendment 361 #

Alessandra BASSO, Marco CAMPOMENOSI, Antonio Maria RINALDI, Isabella TOVAGLIERI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Virginie JORON

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 ~~or an equivalent to the latter~~.

Amendment 362 #

Marc TARABELLA, René REPASI, Marc ANGEL, Maria GRAPINI

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 ~~may~~shall appear on the labelling and advertising material. The geographical indication name shall be in the same field of vision as the Union symbol.

Amendment 363 #

Alessandra BASSO, Marco CAMPOMENOSI, Antonio Maria RINALDI, Isabella TOVAGLIERI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Virginie JORON

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 ~~may~~shall appear on the labelling and advertising material or communication materials. The geographical indication shall be in the same field of vision as the Union symbol.

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 1 ~~may~~shall appear on the labelling and advertising material. The geographical indication shall be in the same field of vision as the Union symbol.

Amendment 365 #

Alessandra BASSO, Marco CAMPOMENOSI, Antonio Maria RINALDI, Isabella TOVAGLIERI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Virginie JORON

Proposal for a regulation
Article 44 – paragraph 3

3. The abbreviation ‘PGI’ corresponding to the indication ‘protected geographical indication’ ~~may~~shall appear on the labelling of products designated by a geographical indication of craft and industrial products and, where applicable, on the advertising material.

Amendment 366 #

Marc TARABELLA, René REPASI, Marc ANGEL, Maria GRAPINI

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 #

Alessandra BASSO, Marco CAMPOMENOSI, Antonio Maria RINALDI, Isabella TOVAGLIERI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Virginie JORON

Proposal for a regulation
Article 44 – paragraph 5

5. After the submission of a Union application for the registration of a geographical indication, producers may indicate on the labelling, and in the presentation, of the product that an application has been filed in compliance with Union law.deleted

Amendment 368 #

Marc TARABELLA, René REPASI, Marc ANGEL, Maria GRAPINI

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~~shall appear on the labelling and advertising material only after the publication of the decision on registration in accordance with Articles 24 and 25.

Amendment 369 #

Alessandra BASSO, Marco CAMPOMENOSI, Antonio Maria RINALDI, Isabella TOVAGLIERI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Virginie JORON

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 ~~in accordance with Articles 24 and 25~~.

Amendment 370 #

Alessandra BASSO, Marco CAMPOMENOSI, Antonio Maria RINALDI, Isabella TOVAGLIERI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Virginie JORON

Proposal for a regulation
Article 44 – paragraph 7

~~7. Where an application is rejected, any products labelled in accordance with paragraph 4 may be marketed until the stocks are exhausted.~~deleted

Amendment 371 #

Alessandra BASSO, Marco CAMPOMENOSI, Antonio Maria RINALDI, Isabella TOVAGLIERI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Virginie JORON

Proposal for a regulation
Article 44 – paragraph 8 – introductory part

8. TIn order not to mislead the reasonably cautious consumer as to the origin of the products, the following ~~may~~shall also appear on the labelling:

Amendment 372 #

Alessandra BASSO, Marco CAMPOMENOSI, Antonio Maria RINALDI, Isabella TOVAGLIERI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Virginie JORON

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; ~~and~~

Amendment 373 #

Alessandra BASSO, Marco CAMPOMENOSI, Antonio Maria RINALDI, Isabella TOVAGLIERI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Virginie JORON

Proposal for a regulation
Article 44 – paragraph 8 – point b

(b) ~~text, graphics or symbol~~indication of the country of origin of the product ("Made in [country of origin]") and emblems or flags referring to the Member State ~~or the region~~ in which that geographical area of origin is located.

Amendment 374 #

Alessandra BASSO, Marco CAMPOMENOSI, Antonio Maria RINALDI, Isabella TOVAGLIERI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Virginie JORON

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 #

Alessandra BASSO, Marco CAMPOMENOSI, Antonio Maria RINALDI, Isabella TOVAGLIERI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Virginie JORON

Proposal for a regulation
Article 44 – paragraph 9

9. The Union symbol associated with a geographical indication entered in the Union Register of geographical indications for craft and industrial products designating craft and industrial product originating in third countries, may appear on the product labelling and advertising material, in which case the symbol shall be used in conformity with paragraph 2.deleted

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 #

Alessandra BASSO, Marco CAMPOMENOSI, Antonio Maria RINALDI, Isabella TOVAGLIERI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Virginie JORON

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 ~~the~~sufficiently qualified staff and resources ~~necessary to~~in order to efficiently carry out their functions.

Amendment 378 #

Proposal for a regulation
Article 46 – paragraph 4

~~4. In respect of geographical indications that designate products originating in~~deleted a public competent a uth~~ird country, the verification of compliance with the specifications before placing the product on the market shall be carried out by : (a) designated by the third country; or (b) bodies.~~ority one or more product certification

Amendment 379 #

Alessandra BASSO, Marco CAMPOMENOSI, Antonio Maria RINALDI, Isabella TOVAGLIERI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Virginie JORON

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

Amendment 381 #

Proposal for a regulation
Article 47

Producers using the geographical indication shall ensure the continuous compliance of the use of the name and symbol in the marketplace with the relevant product specification. They may: (a) geographical indication in the marketplace; (b) ensuring compliance of a product designated by a geographical indication with its product specification; (c) legal protection of the geographical indication, including, where appropriate, informing the competent authorities as referred to in Article 45(1).Article 47 deleted Due diligence monitor the commercial use of the develop activities related to take action to ensure adequate

Amendment 382 #

Alessandra BASSO, Marco CAMPOMENOSI, Antonio Maria RINALDI, Isabella TOVAGLIERI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Virginie JORON

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~~ications of interested producers of products designated by geographical ind~~ications, to ensure conformity with the product specification or the single document or an equivalent to the latter.

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 ~~or an equivalent to the latter~~.

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 #

Alessandra BASSO, Marco CAMPOMENOSI, Antonio Maria RINALDI, Isabella TOVAGLIERI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Virginie JORON

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

Self-declaration certification procedure 1. Without prejudice to Article 46, Member States may allow a self- declaration for the verification of compliance with the product specification. The producer shall submit suchArticle 49 deleted Member States may allow Where self- declaration to the competent authorities referred to in Article 45(1). 2. producers to submit a self-declaration once every 3 years to the competent authorities to ensure their continuous conformity with the product specification in the marketplace. Where the product specification is amended or changed in a way that affects the concerned product, the self-declaration shall be renewed immediately. 3. competent authorities shall carry out random controls. In the event of breaches, Member States shall take all necessary measures to remedy the situation. 4. the structure set out in Annex 1 and shall contain all the information and requirements specified in that Annex. 5. empowered to adopt delegated acts in accordance with Article 66, amending this Regulation and introducing, where relevant, modifications to the information and requirements specified in Annex 1.s are used The self-declaration shall follow The Commission shall be

Amendment 388 #

Proposal for a regulation
Article 49 – paragraph 1

1. Without prejudice to Article 46, Member States ~~may~~shall allow a self- declaration for the verification of compliance with the product specification. The producer shall submit such self- declaration to the competent authorities referred to in Article 45(1).

Amendment 389 #

Proposal for a regulation
Article 49 – paragraph 2

2. Member States ~~may~~shall allow producers to submit a self-declaration once every 3 years to the competent authorities to ensure their continuous conformity with the product specification in the marketplace. Where the product specification is amended or changed in a way that affects the concerned product, the self-declaration shall be renewed immediately.

Amendment 390 #

Proposal for a regulation
Article 49 – paragraph 3

~~3. Where self-declarations are used competent authorities shall carry out random controls. In the event of breaches, Member States shall take all necessary measures to remedy the situation.~~deleted

Amendment 391 #

Proposal for a regulation
Article 49 – paragraph 3

3. Where self-declarations are used competent authorities shall carry out ~~random~~ controls no later than 3 months since the submission of a self-declaration. In the event of breaches, Member States shall take all necessary measures to remedy the situation.

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 ~~periodically~~when changes occur.

Amendment 395 #

Alessandra BASSO, Marco CAMPOMENOSI, Antonio Maria RINALDI, Isabella TOVAGLIERI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Virginie JORON

Proposal for a regulation
Article 53 – paragraph 3

3. The Office ~~may~~shall establish a digital portal where the names and addresses of the competent authorities and delegated product certification bodies including natural persons referred to in paragraphs 1 and 2 are made public.

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~~, or, in cases referred to in Article 25 of Regulation (EU) 2022/…, by the Commission.~~. The related implementing acts shall be adopted in accordance with the examination procedure referred to in Article 15(2).

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 #

Alessandra BASSO, Marco CAMPOMENOSI, Antonio Maria RINALDI, Isabella TOVAGLIERI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Virginie JORON

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 254, the Office ~~or, in cases referred to in Article 25, the Commission~~ shall register the names referred to in paragraph 2 of this Article, which comply with Articles 2, 5, 7 and 8. Article 21 and 22 shall not apply. However, generic terms shall not be registered.

Amendment 400 #

Proposal for a regulation
Article 68 – paragraph 2

2. ~~Eligible~~ Member States shall provide the Commission by [six months after the date of entry into force of this Regulation] with the information ~~requested in Article 15 in order to opt for~~if they wish to opt out and choose the “direct registration” procedure. On the basis of the information received, the Commission shall adopt a Decision on the right of the concerned Member State to opt for the “direct registration” procedure and hence, to not designate a national authority for the management at national level of the procedures for the application, amendment of the product specification and cancellation as referred to in Article 15.

source: 737.363

2022/11/11 JURI 607 amendments...

Amendment 100 #

Proposal for a regulation
Article 15 – paragraph 4

4. A Member State that has ~~applied the derogation~~opted out in accordance with paragraph 1, may decide to withdraw its opt-out and designate a competent authority for the management of the applications of geographical indications for craft and industrial products. Such decision shall not affect any ongoing registration procedures. The Member State shall inform in writing the Commission of its decision ~~to withdraw the opt-out~~.

Amendment 101 #

Proposal for a regulation
Article 15 – paragraph 5

Amendment 102 #

Proposal for a regulation
Article 15 – paragraph 8

8. Upon request by the Office, within 60 days from such request, the Member State, through the contact point, shall provide assistance in particular for the examination process. Upon request by the Member State, the time limit may be extended by 60 days. Such assistance shall include examining certain specific aspects of the applications lodged by the applicant with the Office, verifying certain information in the applications, issuing declarations concerning such information and replying to other requests for clarifications made by the Office in relation to the applications. The applicant shall be informed by the contact point of the response communicated to the Office.

Amendment 103 #

Proposal for a regulation
Article 15 – paragraph 9

9. If the Member State, through the contact point, does not provide assistance within the time limit referred to in paragraph 8, the applicant shall be informed and given a time limit within which to respond, after which the application shall be deemed not to be filed.

Amendment 104 #

Proposal for a regulation
Article 16 – paragraph 2

2. The temporary national protection shall cease on the date on which either a decision on the application for registration is adopted ~~or the application is~~, rejected or withdrawn.

Amendment 105 #

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 registration is submitted to the Office, such~~, and in order to respect a principle of reciprocity, the application may only come from a third country that recognises and enforces the Union's geographical indications. This application for registration shall comprise:

Amendment 106 #

Proposal for a regulation
Article 18 – paragraph 1

1. A Union application for the registration of a geographical indication, including the direct registration referred to in Article 15, shall be submitted to the Office electronically, through a digital system by the competent authority of the Member State or where Article 15 applies, by the producer group concerned. The digital system shall have the capacity to allow the submission of applications to competent authorities of a Member State, and to be used by the Member State in its national procedure. The digital system shall be available in all official EU languages.

Amendment 107 #

Proposal for a regulation
Article 19 – paragraph 3

3. The examination carried out pursuant to paragraph 1 shall not exceed a period of 6 months. ~~Where the examination period exceeds or is likely to exceed 6 months, the Office shall inform the applicant of the reasons for the delay in writing.~~

Amendment 108 #

Nicolae ŞTEFĂNUȚĂ, Marie-Pierre VEDRENNE, Dita CHARANZOVÁ

Proposal for a regulation
Article 19 – paragraph 4

4. ~~The Office may seek supplementary information from the Member State concerned.~~ If the application is lodged by a producer group from a third country or by the competent authority of a third country, such producer group or competent authority shall provide supplementary information where requested to do so by the Office. The Office shall inform the Member State concerned thereof and may request further information from it.

Amendment 109 #

Proposal for a regulation
Article 19 – paragraph 4 – subparagraph 1 (new)

The Office may seek supplementary information from the Member State concerned if a change in a production method, that does not call into question a product’s quality, authenticity, reputation or characteristics attributable to its geographical origin, is due to innovation, whether technological or process-related, as openness to innovation and experimenting are crafts people’s main drivers of digital and green transition. Such change should not alter the registration process nor lead to withdrawal or to a new application process.

Amendment 11 #

Proposal for a regulation
Recital 5

(5) Unitary protection throughout the Union for the intellectual property rights related to geographical indications can maintain value added and 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 better employment opportunities for women and young people, that can hardly be outsourced, especially 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 area. Such trend should directly contribute to the economic development of less developed regions by reviving local industry and promoting tourism and ultimately, decrease EU dependence from global markets and positively support the EU recovery from the current cost-of- living crisis produced by Russia's unprovoked and unjustified military aggression against Ukraine.

Amendment 110 #

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 or in case of third country applications, to the relevant producer group or competent authority that has submitted the Union application, from where that application originates and request to complete or to correct the application within 60 days. The time limit referred to in Article 2 shall be extended for the requisite time to provide the necessary responses. If the Member State, or in case of third country applications, the relevant producer group or competent authority, does not complete the application within the deadline, the application shall be considered to be withdrawn, or if not corrected, it shall be rejected pursuant to Article 24(2).

Amendment 111 #

Proposal for a regulation
Article 20 – paragraph 1

1. Member States, or the competent authority within them, shall keep the Office informed of any national administrative and judicial proceedings that may affect the registration of a geographical indication.

Amendment 112 #

Proposal for a regulation
Article 20 – paragraph 3

3. The exemption set out in paragraph 2 shall have effect until the Office is informed by the Member State or its competent authority that the original application has been restored or that the Member State withdraws its request for suspension.

Amendment 113 #

Proposal for a regulation
Article 22 – paragraph 2 – point c

(c) the registration of the proposed geographical indication would jeopardise the existence of, an entirely, or partly identical name or of a trade mark, or the existence of products which have been legally on the market for at least 5 years preceding the date of the publication provided for in Article 18(3).deleted

Amendment 114 #

Proposal for a regulation
Article 23 – paragraph 2

2. The Office may decide to extend the transitional period granted under paragraph 1 up to 15 years, or allowing continued use for up to 15 years, provided it is additionally shown that: (a) the name in the designation referred to in paragraph 1 has been in legal use consistently and fairly for at least 25 years before the application for registration of the concerned geographical indication was submitted to the Office; (b) the purpose of using the name in the designation referred to in paragraph (1) has not, at any time, been to profit from the reputation of the name of the product that has been registered as geographical indication; and (c) the consumer has not been or could not have been misled as to the true origin of the product.deleted

Amendment 115 #

Proposal for a regulation
Article 23 – paragraph 4

4. When using a designation referred to in paragraph 1, the indication of the country of origin shall clearly and visibly appear on the labelling and in the description of the product in the event it is offered for sale on an ecommerce website.

Amendment 116 #

Proposal for a regulation
Article 26 – paragraph 4

4. Geographical indications concerning products from third countries that are protected in the Union under an international agreement to which the Union is a contracting party shall be entered in the Union register of geographical indications for craft and industrial products, which should be regularly updated. Geographical indications other than those protected in the Union pursuant to Article 7 Regulation EU 2019/5713 shall be registered by means of implementing acts adopted by the Commission in accordance with the examination procedure referred to in Article 65(2).

Amendment 117 #

Proposal for a regulation
Article 26 – paragraph 4

4. Geographical indications concerning products from third countries that are protected in the Union under an international agreement to which the Union is a contracting party shall be entered in the Union register of geographical indications for craft and industrial products ,which should be regularly updated. Geographical indications other than those protected in the Union pursuant to Article 7 Regulation EU 2019/5713 shall be registered by means of implementing acts adopted by the Commission in accordance with the examination procedure referred to in Article 65(2).

Amendment 118 #

Proposal for a regulation
Article 26 – paragraph 7

Amendment 119 #

Proposal for a regulation
Article 27 – paragraph 1

1. The Office shall ensure that any person is able to download free of charge 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 12 #

Proposal for a regulation
Recital 5

Amendment 120 #

Nicolae ŞTEFĂNUȚĂ, Marie-Pierre VEDRENNE, Dita CHARANZOVÁ

Proposal for a regulation
Article 28 – paragraph 3 – point a

(a) the amendment includes a change in the name, ~~or in the use of the name,~~

Amendment 121 #

Proposal for a regulation
Article 29 – paragraph 1 – point a

(a) where compliance with the requirements for the product specification and proper methods of controls and checks of conformity with the product specification can no longer be ensured;

Amendment 122 #

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 73 years.

Amendment 123 #

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 submission of an application for a geographical indication, the information and alert system shall inform applicants for a geographical indication about the availability of their geographical indication as a domain name, and on an optional basis once a domain name containing an identical or similar name with their geographical indication is registered (domain name alerts). It shall be possible for a producer group to claim a domain name corresponding to the name of a geographical indication. The Office shall provide applicants with support on the procedures for acquiring the rights to the domain name for their geographical indication.

Amendment 124 #

Proposal for a regulation
Article 33 – paragraph 2 – point a a (new)

(aa) assessment of the production conditions and the actual link between the product and its geographical origin

Amendment 125 #

Nicolae ŞTEFĂNUȚĂ, Marie-Pierre VEDRENNE, Dita CHARANZOVÁ

Proposal for a regulation
Article 33 – paragraph 2 – point d

(d) the assessment of fair competition in commercial transactions and the risk of confusing consumers in cases of conflict between geographical indications and trade marks, homonyms or existing products which are legally markdeleted.

Amendment 126 #

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. The Board should also consider including hearings of recognized experts in the field of GIs on a case-by-case basis, and observers of representative business organizations.

Amendment 127 #

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, experts in the field and their respective alternates.

Amendment 128 #

Proposal for a regulation
Article 33 – paragraph 8

8. Procedures concerning the appointment of the members of the Advisory Board and its operation shall be specified in its rules of procedures as approved by the Management Board, shall ensure that no members can find themselves in a conflict of interest, and shall be made public.

Amendment 129 #

Proposal for a regulation
Article 33 – paragraph 9

9. The mandates of members of the Advisory Board shall be up to 5 years. Those mandates may be renewable once.

Amendment 13 #

Proposal for a regulation
Recital 7

(7) Making geographically linked products is often based on local know-how and follows local production methods that are rooted in the cultural and social heritage of the home region of such products. Efficient intellectual property protection has the potential to contribute to increased profitability and attractiveness of the traditional craft professions. Specific geographical indication protection is acknowledged so as to safeguard and develop cultural heritage both in the agricultural and the craft and industrial areas. Efficient procedures should be established for the registration of Union geographical indications, within the legal framework of the European internal market and complying with the international intellectual property legal framework, protecting the names of craft and industrial products, which take into account regional and local specificities. The geographical indication system for craft and industrial products should ensure that the production and marketing traditions are maintained and enhanced.

Amendment 130 #

Massimiliano SALINI, Christophe HANSEN, Iuliu WINKLER, Gabriel MATO, Juan Ignacio ZOIDO ÁLVAREZ, Arnaud DANJEAN

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 or applications relating to the products, and the packing of the products in a container liable to convey a false impression as to their origin;

Amendment 131 #

Proposal for a regulation
Article 36 – paragraph 1

Amendment 132 #

Massimiliano SALINI, Christophe HANSEN, Iuliu WINKLER, Gabriel MATO, Juan Ignacio ZOIDO ÁLVAREZ

Proposal for a regulation
Article 37

Generic terms 1. Generic terms shall not be 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) the relevant Union or national legal acts.Article 37 deleted

Amendment 133 #

Massimiliano SALINI, Christophe HANSEN, Iuliu WINKLER, Gabriel MATO, Juan Ignacio ZOIDO ÁLVAREZ

Proposal for a regulation
Article 39

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. 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.Article 39 deleted

Amendment 134 #

Proposal for a regulation
Article 39 – paragraph 1

Amendment 135 #

Proposal for a regulation
Article 40 – paragraph 2 – point c

(c) agree sustainability undertakings, including decent work conditions, whether or not included in the product specification or as a separate initiative, including arrangements for verification of compliance with these undertakings and assuring adequate publicity for them in particular in an information system provided by the Commission;

Amendment 136 #

Proposal for a regulation
Article 40 – paragraph 2 – point d – point iii

(iii) carrying out analyses into the economic performance, sustainability of production, and working conditions, as well as the technical characteristics of the product designated by the geographical indication;

Amendment 137 #

Proposal for a regulation
Article 40 – paragraph 2 – point d – point iii

(iii) carrying out analyses into the economic and ecological performance, sustainability of production, and technical characteristics of the product designated by the geographical indication;

Amendment 138 #

Proposal for a regulation
Article 40 – paragraph 2 – point d – point v

(v) providing advice and training to current and future producers, including on corporate social responsibility, respect for the environment, employees’ rights, and gender mainstreaming and equality; and

Amendment 139 #

Proposal for a regulation
Article 40 – paragraph 2 – point e

(e) combat counterfeiting and suspected fraudulent uses on the internal and external market of a geographical indication that is not in compliance with the product specification by monitoring the use of the geographical indication across the internal market and on third countries’ markets where the geographical indications are protected, including on the internet, and, as necessary, informing enforcement authorities using confidential systems available.

Amendment 14 #

Proposal for a regulation
Recital 7

(7) Making geographically linked products is often based on local know-how and follows local production methods ~~that are~~ rooted in the cultural ~~and~~, social, religious and ethnic heritage of the home region of such products. Efficient intellectual property protection has the potential to contribute to increased profitability ~~and~~, attractiveness, preservation and promotion of the traditional craft professions. Specific geographical indication protection is acknowledged ~~so as~~ to safeguard and develop cultural heritage both in the agricultural and ~~the~~ craft and industrial areas. Establishing efficient procedures ~~should be established~~ for the registration of Union geographical indications within the internal market and in the international intellectual property registries and global databases is essential, to protect~~ing~~ the names of craft and industrial products, which ~~take into~~ account for regional and local specificities. The geographical indication system for craft and industrial products should ensure that the production and marketing traditions are maintained and enhanced.

Amendment 140 #

Massimiliano SALINI, Christophe HANSEN, Iuliu WINKLER, Gabriel MATO, Juan Ignacio ZOIDO ÁLVAREZ

Proposal for a regulation
Article 40 – paragraph 2 – point e a (new)

(e a) participate in consultative bodies established by the Commission for the purpose of formulating geographical indication policy and to assist trade negotiations with third countries with respect to geographical indications of craft and industrial products.

Amendment 141 #

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

Amendment 142 #

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 ~~may~~shall appear on the labelling, on the ecommerce website concerned and on advertising material. The geographical indication shall be in the same field of vision as the Union symbol.

Amendment 143 #

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 mayust appear on ~~the~~any labelling and on advertising material. The geographical indication shall be in the same field of vision as the Union symbol.

Amendment 144 #

Draft legislative resolution
Citation 6 a (new)

— having regard to the Commission Proposal to Parliament and the Council COM(2022) 134 final/2 on European Union geographical indications for wine, spirit drinks and agricultural products, and quality schemes for agricultural products,

Amendment 144 #

Proposal for a regulation
Article 44 – paragraph 3

3. The abbreviation ‘PGI’ corresponding to the indication ‘protected geographical indication’ mayust appear on ~~the~~any labelling of, or on advertising material for, products designated by a geographical indication of craft and industrial products.

Amendment 145 #

Draft legislative resolution
Citation 6 b (new)

— having regard to the opinion of the European Economic and Social Committee INT/992,

Amendment 145 #

Proposal for a regulation
Article 44 – paragraph 4

4. Indications, abbreviations and Union symbols may be used in the labelling and advertising materials of manufactured products when the geographical indication refers ~~to a~~only to a main part or main component thereof. In that case, the indication, abbreviation or Union symbol shall be placed next to the name of the part or component that is clearly identified as a part or component. The Union symbol shall not be placed in a manner that suggests to the consumer that the manufactured product rather than the part or component is the object of registration.

Amendment 146 #

Draft legislative resolution
Citation 6 c (new)

— having regard to the opinion of the European Committee of the Regions, ECON-VII/016, COR/2021-02689-00-00- AC-TRA (EN) 1/10,

Amendment 146 #

Proposal for a regulation
Article 44 – paragraph 5

Amendment 147 #

Proposal for a regulation
Recital 2 a (new)

(2a) In its Resolution of 11 November 2021 on an intellectual property action plan to support the EU’s recovery and resilience [1], Parliament highlighted that recognition of GIs for non-agricultural products is relevant for the priorities of EU programmes currently in development, citing the fact that Parliament is supporting the Commission in its initiative to establish, based on a thorough impact assessment, an effective and transparent EU-level protection of geographical indications (GIs) for non- agricultural products, in order to align with, inter alia, the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications, which the EU has signed and which includes the option to protect GIs for both agricultural and non-agricultural products

Amendment 147 #

Proposal for a regulation
Article 44 – paragraph 5

Amendment 148 #

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 and porcelain. _________________ 6 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). 7 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). 8 Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemesThe introduction of this kind of protection system would bring benefits for consumers, by facilitating knowledge of the authenticity of products, have a positive economic impact on micro- enterprises and SMEs by encouraging competitiveness, and have a general impact on employment, development and tourism in rural and less developed areas, which could in particular help the EU’s recovery after the COVID-19 crisis and the Russian aggression against Ukraine. Furthermore, such a system of protection for non-agricultural ~~products and foodstuffs (OJ L 343, 14.12.2012, p. 1).~~GIs would also facilitate access to third country markets through EU trade agreements

Amendment 148 #

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, mayust appear on ~~the~~any labelling or on advertising material only after the publication of the decision on registration in accordance with Articles 24 and 25.

Amendment 149 #

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 and porcelain. For most of these products, the link between quality and origin is provided by the tradition of production, so it is appropriate that this regulation can protect geographical names that coincide with the names of specific places or regions where the tradition of production in question is present in a known and established way. _________________ 6 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). 7 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). 8 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).

Amendment 149 #

Proposal for a regulation
Article 44 – paragraph 7

~~7. Where an application is rejected, any products labelled in accordance with paragraph 4 may be marketed until the stocks are exhausted.~~deleted

Amendment 15 #

Proposal for a regulation
Recital 7

(7) Making geographically linked products is often based on local know- how and materials and follows local production methods that are rooted in the cultural and social heritage of the home region of such products. Efficient intellectual property protection has the potential to contribute to increased profitability and attractiveness of the traditional craft professions. Specific geographical indication protection is acknowledged so as to safeguard and develop cultural heritage both in the agricultural and the craft and industrial areas. Efficient procedures should be established for the registration of Union geographical indications, within the internal market and in the international intellectual property registries, protecting the names of craft and industrial products, which take into account regional and local specificities. The geographical indication system for craft and industrial products should ensure that the production and marketing traditions are maintained and enhanced.

Amendment 150 #

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 and porcelain. Geographical indications for craft and industrial products will materialise their full potential when considered as a tool for public policy and not solely an intellectual property tool. _________________ 6 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). 7 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). 8 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).

Amendment 150 #

Proposal for a regulation
Article 44 – paragraph 7

~~7. Where an application is rejected, any products labelled in accordance with paragraph 4 may be marketed until the stocks are exhausted.~~deleted

Amendment 151 #

Proposal for a regulation
Recital 4

(4) 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. That complex landscape of various non- harmonised protection regimes at Member States level causes market fragmentation and may result in increased costs and legal uncertainty for producers and be a disincentive to investment in the traditional crafts in the Union. Harmonised protection at Union level might be essential for creating the legal certainty necessary for all players, while guaranteeing prevention of IPR violations for manufactured and artisanal products so that the EU can better protect its interests, including at international level;

Amendment 151 #

Proposal for a regulation
Article 44 – paragraph 7

7. Where an application is rejected, any products labelled in accordance with paragraph 4 mayust be ~~marketed until the stocks are exhausted~~withdrawn from the market.

Amendment 152 #

Proposal for a regulation
Recital 4

Amendment 152 #

Proposal for a regulation
Article 44 – paragraph 8 – point b

(b) armorial bearings, flags or text, graphics or symbols referring to the Member State or the region in which that geographical area of origin is located.

Amendment 153 #

Proposal for a regulation
Recital 5

(5) Unitary protection throughout the Union for the intellectual property rights related to geographical indications can contribute to fight counterfeit articles, 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 which would help counter depopulation trends. 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 area~~in view of responding to societal demands for products resulting from sustainable production in its three dimensions of economic, environmental and social value, and in view of ensuring that consumers receive reliable information and a guarantee of authenticity of such products, producers should aim at entirely creating the product designated by a geographical indication within the defined geographical area. Should this not be possible, only a minor proportion of the value of the product designated by a geographical indication should originate from without the geographical area. This might be the case in particular when raw materials come from another region of the Member State where the geographical area is defined, or from an other EU Member State.

Amendment 153 #

Proposal for a regulation
Article 45 – paragraph 1 – point b

(b) monitoring of the use of geographical indications in the marketplace, with a view, in particular, to combating unfair trading practices, including electronic commerce.

Amendment 154 #

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 fight against product counterfeiting, 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 area.

Amendment 154 #

Proposal for a regulation
Article 45 – paragraph 1 – point b

(b) monitoring of the use of geographical indications in the marketplace. , including on websites and applications accessible from the Union.

Amendment 155 #

Nicolae ŞTEFĂNUȚĂ, Marie-Pierre VEDRENNE, Dita CHARANZOVÁ

Proposal for a regulation
Recital 7

(7) Making geographically linked products is often based on local know-how and follows local production methods that are rooted in the cultural and social heritage of the home region of such products. Efficient intellectual property protection has the potential to contribute to increased profitability and attractiveness of the traditional craft professions. Geographical indications play an important role in the Union’s trade and external policy and are collective rights performing public functions. Specific geographical indication protection is acknowledged so as to safeguard and develop cultural heritage both in the agricultural and the craft and industrial areas. Efficient procedures should be established for the registration of Union geographical indications protecting the names of craft and industrial products, which take into account regional and local specificities. The geographical indication system for craft and industrial products should ensure that the production and marketing traditions are maintained and enhanced.

Amendment 155 #

Proposal for a regulation
Article 45 – paragraph 1 – point b a (new)

(b a) in case of any vulnerabilities identified whilst conducting verification and monitoring, these should be communicated to the Office as a matter of urgency.

Amendment 156 #

Proposal for a regulation
Recital 7

(7) Making geographically linked products is often based on local know-how and follows local production methods that are rooted in traditions and the cultural and social heritage of the home region of such products. Efficient intellectual property protection has the potential to contribute to increased profitability and attractiveness of the traditional craft professions, the preservation of tradition and the promotion of cultural heritage. Specific geographical indication protection is acknowledged so as to safeguard and develop cultural heritage both in the agricultural and the craft and industrial areas. Efficient and fast procedures should be established for the registration of Union geographical indications protecting the names of craft and industrial products, which take into account regional and local specificities. The geographical indication system for craft and industrial products should ensure that the production and marketing traditions are maintained and enhanced, and also promoted.

Amendment 156 #

Proposal for a regulation
Article 46 – paragraph 4 a (new)

4 a. The Commission shall be empowered to adopt delegated acts to ensure that the verification of compliance of products originating in a third country is equivalent to the verification of compliance of products originating in the EU.

Amendment 157 #

Proposal for a regulation
Recital 8

(8) It is therefore necessary to firstly, ensure harmonised standards for protection, legal certainty, and fair competition for producers of craft and industrial products in the internal market; secondly, guarantee the availability to consumers of reliable information pertaining to such products; thirdly, safeguard ~~and~~, develop and promote cultural heritage and traditional know-how; fourthly ensure an efficient registration of geographical indications for craft and industrial products both for the Union and at international level; fifthly provide for an effective enforcement of intellectual property rights throughout the Union and in electronic commerce within the internal market, and lastly, ensure the link with the international registration and protection system based on the Geneva Act.

Amendment 157 #

Proposal for a regulation
Article 47 – paragraph 1 – point b

(b) develop activities related to ensuring production systems and compliance of a product designated by a geographical indication with its product specification;

Amendment 158 #

Proposal for a regulation
Recital 9

(9) To provide for a full coverage of craft and industrial products eligible for GI protection (i.e. those having characteristics, attributes or reputation linked to their geographical origin, place of production or manufacturing), the scope of this Regulation needs to be determined in line with the relevant international framework, namely, the World Trade Organization. Hence, the use of the Combined Nomenclature should be established through direct reference to Annex I to Council Regulation No 2658/8710 . This approach ensures coherence with the scope of the revised GI Regulation for agricultural products, foodstuff, wine and spirits. _________________ 10 Council Regulation (EEC) No 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 158 #

Proposal for a regulation
Article 48 – paragraph 1

1. Member States shall designate one or more enforcement authorities, which may be the same as the competent authorities referred to in Article 46(3) responsible for controls in the marketplace, including on websites and web applications, and enforcement of geographical indications after the craft and industrial product designated by a geographical indication has completed all production steps, whether it is in storage, transit, distribution, or offered for sale at wholesale or retail level, including in electronic commerce.

Amendment 159 #

Proposal for a regulation
Recital 9 a (new)

(9a) The competent authorities should take steps to ensure that a sign, symbol or other aspect of the labelling or method of presentation of a product that has a phonetic or visual similarity to a registered GI is not used illegally for commercial purposes to mislead consumers.

Amendment 159 #

Proposal for a regulation
Article 48 – paragraph 2

2. The enforcement authority shall carry out regular 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 or an equivalent to the latter.

Amendment 16 #

Proposal for a regulation
Recital 7

(7) Making geographically linked products is often based on local know-how and materials and follows local production methods that are rooted in the cultural and social heritage of the home region of such products. Efficient intellectual property protection has the potential to contribute to increased profitability and attractiveness of the traditional craft professions. Specific geographical indication protection is acknowledged so as to safeguard and develop cultural heritage both in the agricultural and the craft and industrial areas. Efficient procedures should be established for the registration of Union geographical indications protecting the names of craft and industrial products, which take into account regional and local specificities. The geographical indication system for craft and industrial products should ensure that the production and marketing traditions are maintained and enhanced.

Amendment 160 #

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. However, the Office should have the possibility to charge a fee for the direct registration. In that case, the fees charged by the Office should be laid down by an implementing act in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council14 . _________________ 14 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).

Amendment 160 #

Proposal for a regulation
Article 48 – paragraph 3

3. Member States shall take appropriate administrative and judicial steps to prevent or stop the use of names on products or services that are produced, operated or marketed physically or on the internet in their territory and that contravenes the protection of geographical indications provided for in Articles 35 and 36.

Amendment 161 #

Nicolae ŞTEFĂNUȚĂ, Marie-Pierre VEDRENNE, Dita CHARANZOVÁ

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. However, the Office should have the possibility to charge a fee for the direct registration. In that case, the fees charged by the Office should be laid down by an implementing act in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council14, but at a lower amount for MSMEs so as not to lead to any discontinuation of the registration procedure. _________________ 14 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).

Amendment 161 #

Proposal for a regulation
Article 48 – paragraph 4 a (new)

4 a. In terms of enforcement of geographical indications rights protection in the marketplace and of combating counterfeiting more effectively, the relevant authorities shall respect the guidelines and good practices measures, procedures and remedies set out in Directive 2004/48/EC of the European Parliament and in full conformity with the Council and European Parliament Regulation No 608/2013 of 12 June 2013 concerning customs enforcement of intellectual property rights and repealing Council Regulation (EC) No 1383/2003.

Amendment 162 #

Massimiliano SALINI, Christophe HANSEN, Iuliu WINKLER, Gabriel MATO, Juan Ignacio ZOIDO ÁLVAREZ

Proposal for a regulation
Recital 13 a (new)

(13a) Because micro, small and medium-sized enterprises have limited resources to deal with administrative tasks, the competent authorities should provide all necessary support tools, including financial support, to assist micro, small and medium-sized enterprises during the registration procedure.

Amendment 162 #

Proposal for a regulation
Article 48 – paragraph 5 a (new)

5 a. As provided in Art. 47(c), applicant producer groups as referred to in Article 6, which have obtained registration, shall be entitled to make reports to the authorities specified under paragraph (1) so that they carry out controls provided for in this title. In this case, at the request of the producer group, the authorities are required to provide feedback on the development of the process that began with the report itself.

Amendment 163 #

Proposal for a regulation
Recital 14

Amendment 163 #

Proposal for a regulation
Article 49 – paragraph 3

3. Where self-declarations are used competent authorities shall carry out ~~random~~a control within three months. In the event of breaches, Member States shall take all necessary measures to remedy the situation. and, if a breach proves to be intentional, the producer concerned may no longer make use of self-declarations.

Amendment 164 #

(14) To ~~qualify for~~ensure protection in all 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 ~~that~~, if those third countries recognise and enforce the Union's geographical indications, if they meet the corresponding criteria and that are protected in their country of origin. The Office should carry out the corresponding procedures for geographical indications originating in third countries.

Amendment 164 #

Proposal for a regulation
Article 49 – paragraph 3

3. Where self-declarations are used competent authorities ~~shall~~must carry out random controls. In the event of breaches, Member States shall take all necessary measures to remedy the situation.

Amendment 165 #

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 that meet the corresponding criteria and that are protected in their country of origin. The Office should carry out the corresponding procedures for geographical indications originating in third countries.

Amendment 165 #

Proposal for a regulation
Article 62

62 The Commission shall be empowered to adopt delegated acts supplementing this Regulation by rules on entrusting the Office with the examination and other administrative tasks concerning third country geographical indications for craft and industrial products, other than geographical indications under the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications, proposed for protection pursuant to international negotiations or international agreements. The Commission shall be empowered to adoptArticle 62 delegated acts supplementing this Regulation by rules on entrusting the Office with the examination and other administrative tasks concerning third country geographical indications for craft and industrial products, other than geographical indications under the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications, proposed for protection pursuant to international negotiations or international agreements.

Amendment 166 #

Proposal for a regulation
Recital 15

Amendment 166 #

Proposal for a regulation
Article 62 – paragraph 1

The Commission shall be empowered to adopt delegated acts supplementing this Regulation by rules on entrusting the Office with the examination and other administrative tasks concerning third country geographical indications for craft and industrial products, ~~other than~~with a view to ensuring that they are subject to an equivalent level of control and enforcement to those originating in the EU, including geographical indications under the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications, proposed for protection pursuant to international negotiations or international agreements.

Amendment 167 #

Proposal for a regulation
Recital 15

(15) The procedures for examination, opposition, 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, and the procedures should respond to the highest transparency requirements. 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 167 #

Proposal for a regulation
Article 70 – paragraph 1

This Regulation shall enter into force onand apply from the twentieth day following ~~that of~~ its publication in the Official Journal of the European Union. ~~It shall apply from 1 January 2024.~~

Amendment 168 #

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 169 #

Proposal for a regulation
Recital 16

(16) In order to facilitate the management ~~of GI applications~~ by national authorities of GI applications concerning two or more Member States, it should be possible for t~~wo or more~~he concerned Member States to: (i) cooperate in the management of the national phase of the procedures, including those procedures for registration, examination, national opposition, submission of the Union application to the Office, amendments to the product specification and cancellation of the registration, and (ii) decide that one of them manages these procedures also on behalf of the other Member State or Member States concerned. In those cases, all the Member States concerned should inform the Commission without delay, providing the necessary information.

Amendment 17 #

Proposal for a regulation
Recital 7 a (new)

(7 a) Tourism should be regarded as an enabler of awareness of geographical indications. Tourism is one of Europe’s main industrial ecosystems, with four closely linked key vectors, namely transport, accommodation, experience and intermediation, and the success of the industry lies in the degree of influence between these four vectors. Geographical indications could play a key role to achieve the Union’s sustainable tourism objectives because the awareness of their existence, and therefore of the producers belonging to them, could help diversify and complement locations and destinations. In this sense, local craft activities, agro-tourism, rural tourism and ecotourism are an integral part of geographical indications’ awareness. Finally, the improved cooperation and coordination between stakeholders, greater involvement of local authorities in tourism and market research, professional communication and marketing strategies are necessary to boost the social, economic and environmental performance of both sustainable tourism and geographical indications.

Amendment 170 #

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~~. Indeed, certain Member States do not have a specific national system for the management of geographical indications for craft and industrial products ~~and that~~, since their local interest ~~in these countries~~ to protect these geographical indications is minimal. Under these circumstances, it would not be justified to oblige the respective Member State to set up an infrastructure, employ the necessary personnel and purchase facilities for the management of these geographical indications. It is more effective ~~and economical~~ to provide an alternative procedure for the producer groups from these Member States to protect their products by a geographical indication. The “direct registration procedure” ~~has cost advantages reaped by Member States. Pursuant to this derogation,~~ (procedures for registration, amendments to the product specification and cancellation) sh~~ould~~all be managed directly by the Office. In this regard the Office should receive the effective assistance of the administrative authorities of that Member State when required by the Office, through designation of a contact point, as regards in particular aspects related to the examination of the application. In those cases, the Office should be entitled to charge a registration fee, considering that this procedure generates more work for the Office than the management of Union applications. However, the application of the “direct registration procedure” should not exempt Member States from the obligation to designate a competent authority for the controls and enforcement and to take the necessary actions to enforce the rights set out in this Regulation. The competent authority maintained or designated for the management of the geographical indications and the competent authority designated for the controls and enforcement may differ, when a Member State so decides.

Amendment 171 #

Proposal for a regulation
Recital 17

Amendment 172 #

Proposal for a regulation
Recital 17

Amendment 173 #

Proposal for a regulation
Recital 18

Amendment 174 #

Proposal for a regulation
Recital 18

Amendment 175 #

Proposal for a regulation
Recital 19

(19) To ensure efficient and coherent decision- making as regards applications for protection and judicial challenges against them, submitted in the national procedure, the Office should be informed in a timely and regular manner when procedures are launched before national courts or other bodies concerning an application for registration forwarded by the Member State to the Office and of their final results. For the same reason, where a Member State considers that a national decision on which the application for protection is based is likely to be invalidated as a result of national judicial proceedings, it should inform the Office of that assessment without delay. If the Member State requests the suspension of the examination of an application at Union level, the Office should be exempted from the obligation to meet the deadline for examination ~~establish~~re- scheduled therein. In order to protect the applicant from vexatious legal actions and to preserve the applicant’s right to secure the protection of a name within a reasonable time, the exemption should be limited to cases in which the application for registration has been invalidated at national level by an immediately applicable but not final judicial decision or in which the Member State considers that the action to challenge the validity of the application is based on valid grounds.

Amendment 176 #

Proposal for a regulation
Recital 21

Amendment 177 #

Proposal for a regulation
Recital 22

Amendment 178 #

Proposal for a regulation
Recital 22

(22) To avoid fragmentation, and 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 179 #

Proposal for a regulation
Recital 23

(23) The Union negotiates international agreements, including those concerning the protection geographical indications, with its trade partners. Protection of geographical indications for craft and industrial products throughout the Union can ~~also~~ stem from those agreements~~, irrespective of~~ or from the international registrations provided under the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications ~~or the application and registration system set out in this Regulation~~. This Regulation makes the necessary changes to EU legislation concerning the accession of the Union to the Geneva Act of the Lisbon Agreement, in order to adapt the existing rules to the new system of protection of geographical indications for craft and industrial products. In order to facilitate the provision to the public of information about the geographical indications protected in the Union either by virtue of the international registrations provided under the Geneva Act or by virtue of the international agreements with the Union trade partners, and in particular to ensure protection and control of the use to which those geographical indications are put, those geographical indications should be entered in the Union register of geographical indications for craft and industrial products.

Amendment 18 #

Proposal for a regulation
Recital 8

(8) IDrawing on the success of the GI system for wine, spirit drinks and agricultural products, it is therefore, necessary to firstly, ensure ~~fair~~equal treatment and fair and open competition for producers of craft and industrial products in the internal market and in foreign markets; secondly, guarantee the availability and allow for full transparency and traceability to consumers of reliable information pertaining to such products; thirdly, safeguard and develop cultural ~~heritage~~, social, religious, ethnic heritage, foster national identity and traditional know-how; fourthly ensure an efficient registration of geographical indications for craft and industrial products both for the Union and at international level; fifthly provide for an effective enforcement of intellectual property rights throughout the Union and in e~~lectronic commerce within the internal marke~~-commerce services, within the meaning of the Digital Services Act (DSA), within the internal market and by means of bilateral and multilateral agreements negotiated by the EU with trade partners which are not signatories to the Geneva Act of the Lisbon Agreement, and lastly, ensure the link with the international registration and protection system based on the Geneva Act.

Amendment 180 #

Proposal for a regulation
Recital 23

Amendment 181 #

Proposal for a regulation
Recital 23

(23) The Union negotiates international agreements, including those concerning the protection geographical indications, with its trade partners. Protection of geographical indications for craft and industrial products throughout the Union ~~can also s~~must be a prerequisitem forom those agreements, irrespective of the international registrations provided under the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications or the application and registration system set out in this Regulation. In order to facilitate the provision to the public of information about the geographical indications protected in the Union either by virtue of the international registrations provided under the Geneva Act or by virtue of the international agreements with the Union trade partners, and in particular to ensure protection and control of the use to which those geographical indications are put, those geographical indications should be entered in the Union register of geographical indications for craft and industrial products.

Amendment 182 #

Proposal for a regulation
Recital 26

(26) TIn order to combat the online sale of counterfeit products, and to protect rights holders and consumers, the Office should establish an information and alert system against the abusive use of craft and industrial geographical indications in the domain name system. This system should inform applicants, on the one hand, about the availability of the geographical indication as a domain name and, on the other hand, provide them with information once a domain name that is conflicting with their geographical indication is registered. Receiving such alerts would allow producers to take appropriate action more quickly and effectively. Registries of country-code top-level domain names, established in the Union, should provide the Office with all the information and data in their possession necessary to run the system as a task carried out in public interest, namely information on the availability of the geographical indication as a domain name and, as far as the alerts are concerned, the particulars of conflicting domain names, the dates of its application and registration. The information and data should be provided in a machine readable format. Making the information and data available to the Office is proportionate as it serves the legitimate purpose of ensuring better protection and enforcement of geographical indications as intellectual property in the online environment. This is even more so as regarding the alerts the transfer of domain name registration data is explicitly limited to those domain names that are identical or similar and therefore potentially capable of infringing the geographical indication concerned.

Amendment 183 #

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 laid down in this Regulation. In order to support the Office on its assessment of individual applications at any stage of the examination, opposition, appeal or other procedures with specific technical knowledge, the Geographical Indications Division or the Boards of Appeal, at its own initiative or at the request of the Commission, should have the possibility to consult the Advisory Board. The consultation, when necessary, should also include a general opinion on assessing quality criteria, establishing reputation and renown, determining generic nature of a name, and assessing fair competition in commercial transactions and the risk of confusing consumers. The opinion of the Advisory Board should not be binding. The Advisory Board should also include experts in the field of the product category concerned, including from academia. The appointment procedure of the experts and the operation of the Advisory Board should be specified in the rules of procedure of the Advisory Board approved by the Management Board.

Amendment 184 #

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 and value chain knowledge and expertise concerning certain products and knowledge about the local circumstances that may influence the outcome of the procedures laid down in this Regulation. In order to support the Office on its assessment of individual applications at any stage of the examination, opposition, appeal or other procedures with specific technical knowledge, the Geographical Indications Division or the Boards of Appeal, at its own initiative or at the request of the Commission, should have the possibility to consult the Advisory Board. The consultation, when necessary, should also include a general opinion on assessing quality criteria, establishing reputation and renown, determining generic nature of a name, and assessing fair competition in commercial transactions and the risk of confusing consumers. The opinion of the Advisory Board should not be binding. The appointment procedure of the experts and the operation of the Advisory Board should be specified in the rules of procedure of the Advisory Board approved by the Management Board.

Amendment 185 #

Proposal for a regulation
Recital 28 a (new)

(28a) In order to strengthen geographical indication protection, to combat more effectively counterfeiting, and in the interests of transparency and consumer information, the protection of geographical indications should also apply to names on online sales websites.

Amendment 186 #

Proposal for a regulation
Recital 30 a (new)

Amendment 187 #

Proposal for a regulation
Recital 31

(31) The protection of geographical indications needs to balance with the protection of homonymous names registered as geographical indications as well as renowned trademarks, in particular in light of the fundamental right to property as set out in Article 17 of the Charter of Fundamental Rights of the European Union as well as obligations resulting from international law.deleted

Amendment 188 #

Proposal for a regulation
Recital 32

(32) Producer groups, constituted in accordance with the specific requirements of the national legislation of each Member State, play an essential role in the application process for the registration of geographical indications, as well as in the amendment of specifications and cancellation requests. They should be equipped with the necessary means to better identify and market the specific characteristics of their products. The role of the producer group should therefore be clarified.

Amendment 189 #

Proposal for a regulation
Recital 33

Amendment 19 #

Proposal for a regulation
Recital 8

(8) It is therefore necessary to firstly, ensure fair competition for producers of craft and industrial products in the internal and external market; secondly, guarantee the availability to consumers of reliable information pertaining to such products; thirdly, safeguard and develop cultural heritage and traditional know-how; fourthly ensure an efficient registration of geographical indications for craft and industrial products both for the Union and at international level; fifthly provide for an effective enforcement of intellectual property rights throughout the Union and in electronic commerce within the internal market and accordingly make use of special safeguards included in bilateral and multilateral trade agreements, and lastly, ensure the link with the international registration and protection system based on the Geneva Act.

Amendment 190 #

Proposal for a regulation
Recital 35

(35) In order to avoid creating unfair conditions for competition, any producer, including an interested third-country producer, should be able to use a registered geographical indication, provided that the product concerned complies with the requirements of the relevant product specification, or single document ~~or equivalent to the latter i.e. a complete summary of the product specification~~. The system set up by the Member States should also guarantee that producers complying with the rules are covered by the verification of compliance of the product specification.

Amendment 191 #

Proposal for a regulation
Recital 35

(35) In order to avoid creating unfair conditions for competition, any producer~~, including a third-country producer,~~ should be able to use a registered geographical indication, provided that the product concerned complies with the requirements of the relevant product specification, or single document or equivalent to the latter i.e. a complete summary of the product specification. The system set up by the Member States should also guarantee that producers complying with the rules are covered by the verification of compliance of the product specification.

Amendment 192 #

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, it is important tohat, in a coordinated manner, the Member States, the Commission, the Office, and relevant stakeholders raise awareness among consumers, producers, especially MSMEs and public authorities at national, regional and local level about the initiative..

Amendment 193 #

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, it is important to raise awareness among consumers, producers, especially SMEs, MSMEs and public authorities at national, regional and local level about the initiative.

Amendment 194 #

Proposal for a regulation
Recital 38

Amendment 195 #

Proposal for a regulation
Recital 38

(38) ~~The use of~~It is necessary to display Union symbols and indications on the packaging of craft and industrial products designated by a geographical indication ~~should be recommended~~, as well as on online sales websites, 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. The use of such symbols or indications should remain voluntary for third-country geographical indications.

Amendment 196 #

Proposal for a regulation
Recital 40

Amendment 197 #

Proposal for a regulation
Recital 40

Amendment 198 #

Proposal for a regulation
Recital 40

Amendment 199 #

Proposal for a regulation
Recital 40

Amendment 20 #

Proposal for a regulation
Recital 8

(8) It is therefore necessary to firstly, ensure fair competition for producers of craft and industrial products in the internal market and in foreign markets; secondly, guarantee the availability to consumers of reliable information pertaining to such products; thirdly, safeguard and develop cultural and artistic heritage and traditional know-how; fourthly ensure an efficient registration of geographical indications for craft and industrial products both for the Union and at international level; fifthly provide for an effective enforcement of intellectual property rights throughout the Union and in electronic commerce within the internal market and by the means of trade agreements negotiated by the EU with third countries, and lastly, ensure the link with the international registration and protection system based on the Geneva Act.

Amendment 200 #

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. Member States should be free to establish a third-party verification system operated by the competent authorities, and the product certification bodies, to which those authorities delegate certain official control tasks ~~or a verification system based on a producer’ s self-declaration. The self- declaration should be submitted to the competent authorities assuring conformity with the product specification.~~

Amendment 201 #

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. Member States should be free to establish a third-party verification system operated by the competent authorities, and the product certification bodies, to which those authorities delegate certain official control tasks or a verification system based on a producer’ s self-declaration. The self- declaration should be submitted to the competent authorities assuring conformity with the product specification. The self- declaration should be accompanied by controls by the competent authorities within a maximum of three months.

Amendment 202 #

Proposal for a regulation
Recital 42

(42) To guarantee compliance with the product specification after the product has been put on the market, competent authorities should perform official controls in the physical market and online sales websites, including marketplaces, on a risk analysis and with appropriate frequency considering the likelihood of non- compliances including fraudulent or deceptive practices.

Amendment 203 #

Proposal for a regulation
Recital 43

(43) Enforcement of geographical indications in the marketplace is important to prevent fraudulent and deceptive practices thus ensuring that the producers of products designated by a geographical indication are properly rewarded for the added value of their products bearing a geographical indication and that illegal users of those geographical indications are prevented from selling their products. Therefore, apart from controls concerning the producers, Member States should also take appropriate administrative and judicial steps to prevent or stop the use of names on products or services that contravene the protected geographical indications, where such products are produced, marketed or such services are marketed, in their territory or on the internet. For the purposes of enforcing geographical indications, measures, procedures and remedies set out in Directive 2004/48/EC17 of the European Parliament and of the Council are available as they are applicable to any infringement of intellectual property rights. _________________ 17 Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights.

Amendment 204 #

Proposal for a regulation
Recital 44

Amendment 205 #

Proposal for a regulation
Recital 45

Amendment 206 #

Proposal for a regulation
Recital 45

(45) The self-declaration should provide competent authorities with all necessary information on the product and on its compliance with the product specification. To ensure that the information provided in the self-declaration is comprehensive, a harmonised structure for such declarations should be laid down in Annex. It is important to ensure that the self-declaration is filled in truthfully and accurately. Therefore, the producer should take full responsibility for the information provided in the self-declaration, and should be able to provide the necessary evidence to allow for the verification of that information, though without, through the information provided, affecting the provisions on the protection of know-how and trade secrets.

Amendment 207 #

Proposal for a regulation
Recital 45

(45) The self-declaration should provide competent authorities with all necessary information onto ensure that the product ~~and on its~~ compli~~anc~~es with the product specification. To ensure that the information provided in the self-declaration is comprehensive, a harmonised structure for such declarations should be laid down in Annex. It is important to ensure that the self-declaration is filled in truthfully and accurately. Therefore, the producer should take full responsibility for the information provided in the self-declaration, and should be able to provide the necessary evidence to allow for the verification of that information.

Amendment 208 #

Proposal for a regulation
Recital 46

~~(46) Where a self-declaration certification procedure is in place, competent authorities should carry out random controls.~~deleted

Amendment 209 #

Proposal for a regulation
Recital 46

(46) Where a self-declaration certification procedure is in place, competent authorities should carry out ~~random~~ controls no later than three months after certification.

Amendment 21 #

Proposal for a regulation
Recital 8

(8) It is therefore necessary to firstly, ensure fair competition for producers of craft and industrial products in the internal market; secondly, guarantee the availability to consumers of reliable information pertaining to such products; thirdly, safeguard and develop cultural and artistic heritage and traditional know-how; fourthly ensure an efficient registration of geographical indications for craft and industrial products both for the Union and at international level; fifthly provide for an effective enforcement of intellectual property rights throughout the Union and in electronic commerce within the internal market and by the means of trade agreements negotiated by the EU with third countries, and lastly, ensure the link with the international registration and protection system based on the Geneva Act.

Amendment 210 #

Proposal for a regulation
Recital 47

(47) In the event of non-compliance with the product specification, the competent authorities should take appropriate and reasonable measures to ensure that the producers concerned remedy the situation and to prevent further non-compliances. In addition, Member States should provide for a set of effective, proportionate and dissuasive penalties aimed at deterring possible fraudulent behaviour by producers.

Amendment 211 #

Proposal for a regulation
Recital 53

(53) Taking into account that a product designated by the geographical indication produced in one Member State might be sold in another Member State, cooperation and administrative assistance between Member States should be ensured to allow effective controls and its practicalities should be laid down.

Amendment 212 #

Amendment 213 #

Proposal for a regulation
Article 1 a (new)

Article 1 a Objectives This regulation provides for a unitary and exclusive system of geographical indications, protecting the names of craft and industrial products having quality, characteristics, attributes or reputation linked to their geographical origin, thereby ensuring the following: (a) producers acting collectively have the necessary powers and responsibilities to manage their geographical indication, including to respond to societal demands for products with heritage value and created through sustainable production in its three dimensions of economic, environmental and social value, and to operate in the market; (b) fair competition for producers in the marketing chain; (c) consumers receive reliable information and a guarantee of authenticity of such products and can readily identify them in the marketplace including in electronic commerce; (d) simple and efficient registration of geographical indications, ensuring the appropriate protection of intellectual property rights; (e) effective enforcement and marketing throughout the Union and in electronic commerce, ensuring the integrity of the internal market; and, f) local economic development, which guarantees the protection of know-how and of a common heritage.

Amendment 214 #

Proposal for a regulation
Article 1 a (new)

Article 1 a Objectives This Title provides for a unitary and exclusive system of geographical indications, protecting the names of craft and industrial products having characteristics, attributes or reputation linked to their place of production, thereby ensuring the following: (a) producers acting collectively have the necessary powers and responsibilities to manage their geographical indication, including to respond to societal demands for products resulting from sustainable production in its three dimensions of economic, environmental and social value, and to operate in the market; (b) fair competition for producers in the marketing chain; (c) consumers receive reliable information and a guarantee of authenticity of such products and can readily identify them in the marketplace including in electronic commerce; (d) efficient registration of geographical indications taking into account the appropriate protection of intellectual property rights; and (e) effective enforcement and marketing throughout the Union and in electronic commerce ensuring the integrity of the internal market.

Amendment 215 #

Proposal for a regulation
Article 1 a (new)

Article 1 a The exclusive system of geographical indications outlined in this Regulation, which protects the names of craft and industrial products with given quality, reputation or other characteristics linked to their geographical origin, guarantees: (a) an efficient registration procedure for geographical indications, taking into account the adequate protection of intellectual property rights, for the valorisation and protection of know-how, the link with the territory and its craft tradition; (b) collective action by producers, with the necessary powers and responsibilities to manage the relevant geographical indication; (c) fair competition between producers in the commercial chain; d) the reliability of information and the guarantee of authenticity of products for their easy and immediate identification on the market and in online commerce, to safeguard consumers.

Amendment 216 #

Proposal for a regulation
Article 2 – paragraph 1

1. This Regulation applies to ~~craft and industrial~~non- agricultural and non-food products listed under the combined nomenclature set out in Annex I to Council Regulation (EEC) No 2658/87.24 Products covered by Regulation (EU) 2019/787 of the European Parliament and of the Council, Regulation (EU) No 1308/2013 of the European Parliament and of the Council and Regulation (EU) No 1151/2012 of the European Parliament and of the Council are also excluded from the scope of this Regulation. _________________ 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 217 #

Proposal for a regulation
Article 2 – paragraph 1

1. This Regulation applies to ~~craft and industri~~non- agricultural products listed under the combined nomenclature set out in Annex I to Council Regulation (EEC) No 2658/8724, excluding agricultural products and foodstuffs as protected by Regulations (EU) No 2019/787, No 1308/2013 and No 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 218 #

Proposal for a regulation
Article 2 – paragraph 1

1. This Regulation applies to ~~craft and industri~~non- agricultural products listed under the combined nomenclature set out in Annex I to Council Regulation (EEC) No 2658/8724 _________________ 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 219 #

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

Amendment 22 #

Proposal for a regulation
Recital 8

(8) It is therefore necessary to firstly, ensure fair competition for producers of craft and industrial products in the internal market; secondly, guarantee the availability to consumers of reliable information pertaining to such products; thirdly, safeguard and develop cultural heritage and traditional know-how; fourthly ensure an efficient registration of geographical indications for craft and industrial products both for the Union and at international level; fifthly provide for an effective enforcement of intellectual property rights throughout the Union and in electronic commerce within the internal market, by means of trade agreements negociated by the Commission on behalf of the Union and, lastly, ensure the link with the international registration and protection system based on the Geneva Act.

Amendment 220 #

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

Amendment 221 #

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 contribution is the most important component of the finished product;deleted

Amendment 222 #

Proposal for a regulation
Article 3 – paragraph 1 – point a

(a) ‘craft and industrial products’ means products: (i) 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; or (ii) ‘produced in a standardised way, through the use of machines;

Amendment 223 #

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 contribution is the most important component of the finished product~~or digitised, or where the design activity makes use of design tools, including digital tools, under the direct supervision of the company owner (from design to manufacture);

Amendment 224 #

Proposal for a regulation
Article 3 – paragraph 1 – point a

(a) ‘~~craft~~non-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 those listed 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 225 #

Proposal for a regulation
Article 3 – paragraph 1 – point a

(a) ‘craft products’ means products ~~produced either totally by hand or~~made by enterprises that national law defines as artisan, with the aid of mhan~~ual~~d tools ~~or by~~, mechanical ~~means, whenever~~ or digital means, including withe direct manual ~~contribution is the most~~input during the production process, which constitutes an important component of the finished product;

Amendment 226 #

Proposal for a regulation
Article 3 – paragraph 1 – point a a (new)

(aa) ‘non-agricultural products’ means products, whether or not semi-finished, or the provision of services, excluding agricultural products and the provision of commercial services, intermediation services in the movement of goods or services ancillary to those operations, public supply of food and beverages or in any case all products not listed in Annex I to the Treaty on the Functioning of the European Union and those listed in Annex I to Regulation (EU) No 1151/2012 of the European Parliament and of the Council, Regulation (EU) No 1308/2013 and Regulation (EU) 2019/787 of the European Parliament and of the Council.

Amendment 227 #

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

Amendment 228 #

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

Amendment 229 #

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

Amendment 23 #

Proposal for a regulation
Recital 8 a (new)

(8a) 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 230 #

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 working with the same product; , constituted in accordance with the specific requirements of the national legislation of each Member State

Amendment 231 #

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 process~~manufacturers and/or processors and/or any other operators working with the same product;

Amendment 232 #

Proposal for a regulation
Article 3 – paragraph 1 – point d

Amendment 233 #

Proposal for a regulation
Article 3 – paragraph 1 – point d

Amendment 234 #

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 , manufacturers and/or processors working with the same product;

Amendment 235 #

Sabrina PIGNEDOLI, Franco ROBERTI, Adrián VÁZQUEZ LÁZARA

Proposal for a regulation
Article 3 – paragraph 1 – point e

(e) ‘production step’ means any stage of production, processing or preparation, as illustrated in the product specification of the relevant geographical indication product, up to the point, where the product is in a form to be placed on the internal market;

Amendment 236 #

Proposal for a regulation
Article 3 – paragraph 1 – point e

(e) ‘~~production~~qualifying step’ means any stage of production, processing or preparation~~, up to the point, where the product is in a form to be placed on the internal market~~ that, according to the specification, confers on the product those specific attributes that establish its link with a given quality, feature or characteristic and the geographical origin referred to in Article 5(b);

Amendment 237 #

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 product, up to the point, where the product is in a form to be placed on the internal market;

Amendment 238 #

Proposal for a regulation
Article 3 – paragraph 1 – point e

(e) ‘production step’ means any stage of production, processing or preparation, as laid down in the product specification for the GI product, up to the point, where the product is in a form to be placed on the internal market;

Amendment 239 #

Proposal for a regulation
Article 3 – paragraph 1 – point e

(e) ‘production step’ means any stage ofaiming to obtain the product from production, processing or preparation, up to the point, where the product is in aits finished form to be placed on the internal market;

Amendment 24 #

Proposal for a regulation
Recital 9

(9) To provide for a full coverage of craft and industrial products eligible for GI protection (i.e. those having processing methods characteristics, attributes or reputation linked to their place of production or manufacturing), the scope of this Regulation needs to be determined in line with the relevant international framework, namely, the World Trade Organization, in particular the Agreement on the Trade-Related Aspects of Intellectual Property Rights (TRIPS). Hence, the use of the Combined Nomenclature should be established through direct reference to Annex I to Council Regulation No 2658/8710 . This approach ensures coherence with the scope of the revised GI Regulation for agricultural products, foodstuff, wine and spirits. _________________ 10 Council Regulation (EEC) No 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 240 #

Proposal for a regulation
Article 3 – paragraph 1 – point e

(e) ‘production step’ means any stage of production, manufacturing, processing and/or preparation, up to the point, where the product is in a form to be placed on the internal market;

Amendment 241 #

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; this period is to beat least 30 years and the said usage may embrace modifications necessitated by changing hygiene and safety practices;

Amendment 242 #

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 community~~, with which a particular cultural community is identified. Historical usage means usage for a period that allows transmission between generations;

Amendment 243 #

Proposal for a regulation
Article 3 – paragraph 1 – point f

Amendment 244 #

Proposal for a regulation
Article 3 – paragraph 1 – point g

(g) 'producer' means a~~n operator~~ legal person engaged in any production and/or manufacturing step of a product the name of which is protected as a geographical indication, including processing activities, covered by the product specification;

Amendment 245 #

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 and/or preparation activities, covered by the product specification;

Amendment 246 #

Proposal for a regulation
Article 3 – paragraph 1 – point g

(g) ‘producer’ means an operator engaged in ~~any~~one or more production steps of a product the name of which is protected as a geographical indication, including processing or preparation activities, covered by the product specification;

Amendment 247 #

Proposal for a regulation
Article 3 – paragraph 1 – point g

Amendment 248 #

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, ~~have become the common name of a product in the Union or~~do not have a given quality, reputation or other characteristics traditionally linked to their geographical origin;

Amendment 249 #

Proposal for a regulation
Article 3 – paragraph 1 – point h – point i

(i) the names of products which, although relating to the place, region or country where the product was originally produced, manufactured or marketed, have become the common name of a product in the Union, or

Amendment 25 #

Proposal for a regulation
Recital 9

(9) To provide for a full coverage of craft and industrial products eligible for GI protection (i.e. those having characteristics, attributes or reputation linked to their place of production or manufacturing), the scope of this Regulation needs to be determined in line with the relevant international framework, namely, the World Trade Organization, in particular the Agreement on the Trade-Related Aspects of Intellectual Property Rights (TRIPS). Hence, the use of the Combined Nomenclature should be established through direct reference to Annex I to Council Regulation No 2658/8710 . This approach ensures coherence with the scope of the revised GI Regulation for agricultural products, foodstuff, wine and spirits. _________________ 10 Council Regulation (EEC) No 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 250 #

Proposal for a regulation
Article 3 – paragraph 1 – point h – point ii

(ii) a common term descriptive of the type of product, or product attributes ~~or other terms that do not refer to specific product~~;

Amendment 251 #

Proposal for a regulation
Article 3 – paragraph 1 – point i

(i) ‘product certification body’ means a ~~legal pers~~body accredited by the national government authority and notified to the European Commission 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 252 #

Proposal for a regulation
Article 3 – paragraph 1 – point i

(i) ‘product certification body’ means a ~~legal person~~duly accredited body 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 253 #

Proposal for a regulation
Article 3 – paragraph 1 – point i

(i) ‘product certification body’ means a ~~legal person which~~body accredited by a national government authority to certif~~ies~~y 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 254 #

Proposal for a regulation
Article 3 – paragraph 1 – point i a (new)

(ia) "expert in the field" means a person with proven knowledge and experience in the sector who makes available his or her technical expertise in a specific subject matter.

Amendment 255 #

Proposal for a regulation
Article 3 – paragraph 1 – point j

Amendment 256 #

Proposal for a regulation
Article 3 – paragraph 1 – point j

(j) ‘self-declaration’ means a document with content established in a specific form (determined in advance and uniform) 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 257 #

Proposal for a regulation
Article 3 – paragraph 1 – point j

(j) (j) ‘self-declaration’ means a ~~document~~comprehensive document with a Union- level harmonised structure, in which a producer, manufacturer, 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 258 #

Proposal for a regulation
Article 3 – paragraph 1 – point j

(j) ‘self-declaration’ means a ~~document~~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 right of use of the geographical indication to the competent authorities of Member States.

Amendment 259 #

Proposal for a regulation
Article 3 – paragraph 1 – point k a (new)

(ka) new point l: ‘technical expert’ means a person who provides specific detailed knowledge and expertise for the performance of the activities of the Office’s Geographical Indications Division, as described in Section 2 of this Regulation.

Amendment 26 #

Proposal for a regulation
Recital 9

(9) To provide for a full coverage of craft and industrial products eligible for GI protection (i.e. those having characteristics, attributes or reputation linked to their place of production or manufacturing), the scope of this Regulation needs to be determined in line with the relevant international framework, namely, the Agreement on the Trade-Related Aspects of Intellectual Property Rights (TRIPS) and the World Trade Organization. Hence, the use of the Combined Nomenclature should be established through direct reference to Annex I to Council Regulation No 2658/8710 . This approach ensures coherence with the scope of the revised GI Regulation for agricultural products, foodstuff, wine and spirits. _________________ 10 Council Regulation (EEC) No 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 260 #

Proposal for a regulation
Article 4 – paragraph -1 (new)

-1. The Commission, the Office and the Member States shall process and make public the personal data received in the course of the procedures for registration, approval of amendments, cancellation, opposition, granting of transitional period and control, in accordance with Regulations (EU) 2018/1725 and (EU) 2016/679.

Amendment 261 #

Proposal for a regulation
Article 4 – paragraph 1

1. The Commission and the Office shall be considered joint controllers within the meaning of Article 3, point (9), of Regulation (EU) 2018/1725 of the European Parliament and of the Council29 (‘EUDPR’) in relation to the processing of personal data in the procedure it is competent for in accordance with this Regulation. _________________ 29 Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).

Amendment 262 #

Proposal for a regulation
Article 4 – paragraph 2

2. The competent authorities of Member States shall be considered joint controllers within the meaning of Article 4, point (7), of Regulation (EU) 2016/679 of the European Parliament and of the Council30 (‘GDPR’) in relation to the processing of personal data in the procedures for which they are competent in accordance with this Regulation. _________________ 30 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC , OJ L 119, 4.5.2016, p. 1–88.

Amendment 263 #

Proposal for a regulation
Article 4 – paragraph 2 a (new)

2a. The joint controllers referred to in paragraphs 1 and 2 shall in a transparent manner determine their respective responsibilities for compliance with the obligations under, respectively, the EUDPR and the GDPR by means of an arrangement between them in accordance with Article 28 EUDPR and Article 26 GDPR.

Amendment 264 #

Proposal for a regulation
Article 5 – paragraph 1 – introductory part

For the name of a craft ~~and~~or industrial product to qualify for “geographical indication” protection, the product shall comply with the following requirements:

Amendment 265 #

Proposal for a regulation
Article 5 – paragraph 1 – point a

(a) The product originates in a specific place, well defined region or country;

Amendment 266 #

Proposal for a regulation
Article 5 – paragraph 1 – point c

(c) at least one of the ~~production~~qualifying steps of the product takes place in the defined geographical area. As laid down in the specification, a qualifying step means a step in which the product is given the specific features establishing the link between a given quality, reputation or other characteristic of the product and the geographical origin referred to in Article 5(b);

Amendment 267 #

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 production step shall be understood, as per the product specification, as the step where the product is given the particular characteristics attributable to its geographical origin.

Amendment 268 #

Proposal for a regulation
Article 5 – paragraph 1 – point c

(c) at least one of the production steps of the product, as specified in Article 2 (1) e), takes place in the defined geographical area. in accordance with the provisions of paragraph (1)

Amendment 269 #

Proposal for a regulation
Article 5 – paragraph 1 – point c

Amendment 27 #

Proposal for a regulation
Recital 9

(9) To provide for a full coverage of craft and industrial products eligible for GI protection (i.e. those having processing methods, characteristics, attributes or reputation linked to their place of production or manufacturing), the scope of this Regulation needs to be determined in line with the relevant international framework, namely, the World Trade Organization. Hence, the use of the Combined Nomenclature should be established through direct reference to Annex I to Council Regulation No 2658/8710 . This approach ensures coherence with the scope of the revised GI Regulation for agricultural products, foodstuff, wine and spirits. _________________ 10 Council Regulation (EEC) No 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 270 #

Proposal for a regulation
Article 5 – paragraph 1 – point c

Amendment 271 #

Proposal for a regulation
Article 5 – paragraph 1 – point c

Amendment 272 #

Proposal for a regulation
Article 5 – paragraph 1 – point c a (new)

(ca) all imported products that will be part of the assembly of the final product must offer a guarantee that they have been produced in a sustainable way.

Amendment 273 #

Proposal for a regulation
Article 6 – paragraph 1

1. Applications for the registration of geographical indications shall only be submitted by a producer group of a product (‘applicant producer group’), the name of which is proposed for registration. RIf the producer group so requests, regional or local public entities ~~may~~shall help in the preparation of the application and in the related procedure.

Amendment 274 #

Proposal for a regulation
Article 6 – paragraph 1

1. Applications for the registration of geographical indications shall ~~only~~ be submitted by a producer group ~~of a product (‘applicant producer group’), the name of which is proposed for registration. R~~. Upon request from the producer group, regional or local public entities ~~may~~are encouraged to help in the preparation of the application and in the related procedure.

Amendment 275 #

Sabrina PIGNEDOLI, Franco ROBERTI, Raffaele STANCANELLI

Proposal for a regulation
Article 6 – paragraph 1

1. Applications for the registration of geographical indications ~~shall~~may only be submitted by a producer group of a product (‘applicant producer group’), the name of which is proposed for registration. Regional or local public entities may help in the preparation of the application and in the related procedure.

Amendment 276 #

Proposal for a regulation
Article 6 – paragraph 1 a (new)

1a. Member States shall ensure that the administrative burdens associated with the procedures for registering Geographical Indications are kept to a minimum in order to facilitate the registration of the products referred to in Article 2(1);

Amendment 277 #

Proposal for a regulation
Article 6 – paragraph 2

Amendment 278 #

Proposal for a regulation
Article 6 – paragraph 2

2. An authority designated by a Member State 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 279 #

Proposal for a regulation
Article 6 – paragraph 2

2. An authority designated by a Member State, in particular a regional or local authority, 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 28 #

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. However, the Office should have the possibility to charge a fee for the direct registration. In that case, the fees charged by the Office, including lower fees for MSMEs to avoid putting them off the registration procedure, should be laid down by an implementing act in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council14. _________________ 14 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).

Amendment 280 #

Proposal for a regulation
Article 6 – paragraph 2

2. An authority designated by a Member State or a local authority 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 281 #

Proposal for a regulation
Article 6 – paragraph 3 – introductory part

Amendment 282 #

Proposal for a regulation
Article 6 – paragraph 3 – introductory part

3. ABy way of derogation from paragraph 1 (a) a single producer may be ~~deemed to be~~ an applicant producer group for the purposes of this Title, where both of the following conditions are fulfilled:

Amendment 283 #

Proposal for a regulation
Article 6 – paragraph 3 – introductory part

3. A single producer ~~may~~shall be deemed to be an applicant producer group for the purposes of this Title, where both of the following conditions are fulfilled:

Amendment 284 #

Proposal for a regulation
Article 6 – paragraph 3 – point a

~~(a) the person concerned is the only producer willing to submit an application for the registration of a geographical indication;~~deleted

Amendment 285 #

Proposal for a regulation
Article 6 – paragraph 3 – point b

Amendment 286 #

Proposal for a regulation
Article 6 – paragraph 3 – point b

(b) the geographical area concerned is ~~defined by natural features~~a particular portion of a territory without reference to private property boundaries and has characteristics which differ appreciably from those of neighbouring areas or the characteristics of the product are different from those produced in neighbouring areas.

Amendment 287 #

Proposal for a regulation
Article 6 – paragraph 3 – point b a (new)

(ba) the use of the geographical indication shall be made available to any new producer(s) able to comply with the specifications;

Amendment 288 #

Proposal for a regulation
Article 6 – paragraph 3 a (new)

3a. the use of the geographical indication shall be opened to any new producer(s) able to comply with the specifications;

Amendment 289 #

Proposal for a regulation
Article 6 – paragraph 4

Amendment 29 #

Proposal for a regulation
Recital 13 a (new)

Amendment 290 #

Proposal for a regulation
Article 6 – paragraph 4 a (new)

4a. The access to a geographical indication remains open to any new producer or manufacturer complying with the product specification on the geographical indication concerned.

Amendment 291 #

Proposal for a regulation
Article 7 – paragraph 1 – introductory part

1. CIn order for the names of craft and industrial products t~~he names of which ar~~o be registered as a geographical indication ~~shall comply with a~~, the product concerned shall comply with objective and non-discriminatory product specifications, which shall include at least:

Amendment 292 #

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 at least the following objective and non- discriminatory elements:

Amendment 293 #

Proposal for a regulation
Article 7 – paragraph 1 – introductory part

1. CIn order for the names of craft and industrial products t~~he names of which ar~~o be registered as a geographical indication, the product concerned shall comply with a product specification, which shall include at least:

Amendment 294 #

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 ~~at least~~:

Amendment 295 #

Proposal for a regulation
Article 7 – paragraph 1 – point a

Amendment 296 #

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~~ as well as a name used in trade or in common language to describe the specific product in the defined geographical area;

Amendment 297 #

Proposal for a regulation
Article 7 – paragraph 1 – point a a (new)

(aa) the type of product(s) covered by the name;

Amendment 298 #

Proposal for a regulation
Article 7 – paragraph 1 – point a a (new)

(aa) the type of product(s) covered by the name;

Amendment 299 #

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~~, point (c);~~

Amendment 30 #

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 that meet the corresponding criteria and that are already protected in their country of origin, as no producer should be excluded from the GI system whether or not their country of origin recognizes the importance of investing in this instrument. The Office should carry out the corresponding procedures for geographical indications originating in third countries.

Amendment 300 #

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 301 #

Proposal for a regulation
Article 7 – paragraph 1 – point h a (new)

(ha) the competent product inspection authority;

Amendment 302 #

Proposal for a regulation
Article 7 – paragraph 1 – point i – point i (new)

(i) the name and contact details of the competent authority or product certification body verifying compliance with the provisions of the product specification;

Amendment 303 #

Proposal for a regulation
Article 7 – paragraph 1 – point i a (new)

(ia) the name and contact details of the competent authority and/or product certification body responsible for verifying the compliance with the provisions of the product specification.

Amendment 304 #

Proposal for a regulation
Article 7 – paragraph 1 – point i a (new)

(ia) the name and contact details of the competent authority and/or product certification body verifying compliance with the provisions of the product specification;

Amendment 305 #

Proposal for a regulation
Article 7 – paragraph 1 a (new)

1a. The elements contained in the product specification shall, in any case, be objective, reasonable and non- discriminatory.

Amendment 306 #

Proposal for a regulation
Article 8 – paragraph 1 – introductory part

1. The single document, as set out in Annex 2, shall comprise:

Amendment 307 #

Proposal for a regulation
Article 8 – paragraph 1 – point a – introductory part

(a) ~~the following main points of the product specification:~~deleted

Amendment 308 #

Proposal for a regulation
Article 8 – paragraph 1 – point a – point i

(i) the name to be protected as a geographical indication;

Amendment 309 #

Proposal for a regulation
Article 8 – paragraph 1 – point a – point i – point a (new)

(a) the type of product (craft or industrial);

Amendment 31 #

Proposal for a regulation
Recital 14

(14) To qgua~~lify for~~rantee protection in ~~the~~all 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 that meet the corresponding criteria and that are protected in their country of origin if these third countries recognise and enforce the respect of geographical indications of the EU. The Office should carry out the corresponding procedures for geographical indications originating in third countries.

Amendment 310 #

(ia) the type of product;

Amendment 311 #

Proposal for a regulation
Article 8 – paragraph 1 – point a – point i a (new)

(ia) the type of product;

Amendment 312 #

Proposal for a regulation
Article 8 – paragraph 1 – point a – point i a (new)

(ia) the product type;

Amendment 313 #

Proposal for a regulation
Article 8 – paragraph 1 – point a – point ii

(ii) a description of the product, including, where appropriate, ~~specific rules~~the raw materials and information concerning the packaging and labelling, and the main stages of the production process;

Amendment 314 #

Proposal for a regulation
Article 8 – paragraph 1 – point a – point ii

(ii) a description of the product, including, where appropriate, specific rules concerning packaging and labelling, and the main steps of the production process;

Amendment 315 #

Proposal for a regulation
Article 8 – paragraph 1 – point a – point ii

(ii) a description of the product, including, where appropriate, specific rules concerning packaging and labelling and the main stages of the production process,

Amendment 316 #

Proposal for a regulation
Article 8 – paragraph 1 – point a – point ii

(ii) a description of the product, including, where appropriate, specific rules concerning composition, packaging and labelling,;

Amendment 317 #

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 and, where appropriate, the traditional methods and specific practices used;

Amendment 318 #

Proposal for a regulation
Article 8 – paragraph 1 – point a – point iii a (new)

(iiia) main steps of production;

Amendment 319 #

Proposal for a regulation
Article 8 – paragraph 1 a (new)

1a. Where the applicant is a micro, small or medium-sized enterprise or a producer group consisting only of micro, small or medium-sized enterprises, the single document shall be prepared, upon their request, by the competent authority of the Member State from where the producer group originates, on the basis of the information provided in accordance with Articles 7 and 9. In the case of cross- border applications, the single document may be prepared by any of the competent authorities concerned. Where a Member State decides to use the direct registration procedure referred to in Article 15, the single document shall be prepared by the Office and the deadline for the examination shall be extended to eight months. The competent authority shall send the single document to the applicant for approval.

Amendment 32 #

Proposal for a regulation
Recital 14 a (new)

(14 a) The Commission should ensure that producers share good practices and methods to implement this sustainability strategy. Sustainability from European producers should be duly reciprocated with sustainability from producers from third countries. Economic agreements where European geographical indications are incorporated should inform the commitment to sustainability of European producers and seek for reciprocity from international partners.

Amendment 320 #

Proposal for a regulation
Article 8 – paragraph 1 a (new)

1a. Where the applicant is a SME or a producer group consisting only of SMEs, the single document shall be prepared by the competent authority of the Member State from where the producer group originates, on the basis of the information provided in accordance with Articles 7 and 9. In the case of cross-border applications, the single document may be prepared by any of the competent authorities concerned. Where a Member State decides to use the direct registration procedure referred to in Article 15, the single document shall be prepared by the Office and the deadline for the examination shall be extended to eight months. The competent authority shall send the single document to the applicant for approval.

Amendment 321 #

Proposal for a regulation
Article 8 – paragraph 1 a (new)

1a. Where the applicant is a micro, small or medium-sized enterprise or a producer group consisting only of micro, small or medium-sized enterprises, the competent authorities at national level shall assist with the preparation of the single document, on the basis of the information provided in the product specification.

Amendment 322 #

Proposal for a regulation
Article 9 – paragraph 1 – point c

~~(c) the name and contact details of the competent authority and/or product certification body verifying compliance with the provisions of the product specification;~~deleted

Amendment 323 #

Proposal for a regulation
Article 9 – paragraph 2

Amendment 324 #

Proposal for a regulation
Article 9 – paragraph 2

Amendment 325 #

Proposal for a regulation
Article 10 – paragraph 1

Amendment 326 #

Proposal for a regulation
Article 10 – paragraph 1

Amendment 327 #

Proposal for a regulation
Article 10 – paragraph 2

2. Where a Member State charges a fee for the administrative costs of filing applications , the level of the fees shall be reasonable, foster the competitiveness of the producers of the geographical indications and shall take into account the situation of micro, small and medium-sized enterprises, enabling them full access to the protection of geographical indications and the safeguarding of their intellectual property rights.

Amendment 328 #

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 take into account the situation of micro, small and medium-sized enterprises (MSMEs). The amount of the fee shall be lower for MSMEs so that no registration procedure is discontinued due to its cost.

Amendment 329 #

Proposal for a regulation
Article 10 – paragraph 2

2. Where a Member State charges a fee, the level of the fees shall not exceed the administrative costs incurred for the registration, and be reasonable, foster the competitiveness of the producers of the geographical indications and shall ~~take into account the situation~~be set in a way which is proportionate to the means of micro, small and medium- sized enterprises when they apply to them.

Amendment 33 #

Sabrina PIGNEDOLI, Franco ROBERTI, Raffaele STANCANELLI

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~~. Indeed, certain Member States do not have a specific national system for the management of geographical indications for craft and industrial products, a~~nd that~~s the local interest ~~in these countries to~~ to protect these geographical indications is minimal. Under these circumstances, it would not be justified to oblige the respective Member State to set up an infrastructure, employ the necessary personnel and purchase facilities for the management of these geographical indications. It is more effective ~~and economical~~ to provide an alternative procedure for the producer groups from these Member States to protect their products by a geographical indication. The “direct registration procedure” ~~has cost advantages reaped by Member States. Pursuant to this derogation,~~ (procedures for registration, amendments to the product specification and cancellation) sh~~ould~~all be managed directly by the Office. In this regard the Office should receive the effective assistance of the administrative authorities of that Member State when required by the Office, through designation of a contact point, as regards in particular aspects related to the examination of the application. In those cases, the Office should be entitled to charge a registration fee, considering that this procedure generates more work for the Office than the management of Union applications. However, the application of the “direct registration procedure” should not exempt Member States from the obligation to designate a competent authority for the controls and enforcement and to take the necessary actions to enforce the rights set out in this Regulation. The competent authority maintained or designated for the management of the geographical indications and the competent authority designated for the controls and enforcement may differ, when a Member State so decides.

Amendment 330 #

Proposal for a regulation
Article 10 – paragraph 2

2. Where a Member State charges a fee, the level of the fees shall ~~be reasonable,~~avoid placing an excessive burden on businesses in order to foster the competitiveness of ~~the~~ producers of ~~the~~ geographical indications a~~nd shall take into account the situation of~~s much as possible and shall consider the specific factors affecting micro, small and medium- sized enterprises.

Amendment 331 #

Proposal for a regulation
Article 10 – paragraph 4

Amendment 332 #

Proposal for a regulation
Article 10 – paragraph 4

Amendment 333 #

Proposal for a regulation
Article 10 – paragraph 4

Amendment 334 #

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. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 65(2).deleted

Amendment 335 #

Proposal for a regulation
Article 11 – paragraph 1

1. Without prejudice to paragraph 4 of this Article and Article 15, each Member State shall maintain or designate a competent authority for the management of the national phase of the registration and other procedures related to the registration for geographical indications for craft and industrial products.

Amendment 336 #

Proposal for a regulation
Article 12 – paragraph 1

The competent authority shall examine the application and shall check within six months of 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 six months, the competent authority shall inform the applicant of the reasons for the delay in writing. The total examination period shall not exceed one year.

Amendment 337 #

Proposal for a regulation
Article 12 – paragraph 1

The competent authority shall examine the application ~~and shall check~~through effective and transparent mechanisms, and shall check within six months of 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 six months, the competent authority shall inform the applicant of the reasons for the delay in writing.

Amendment 338 #

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 proofs 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 339 #

Proposal for a regulation
Article 13 – paragraph 2

Amendment 34 #

Proposal for a regulation
Recital 18

Amendment 340 #

Proposal for a regulation
Article 14 – paragraph 1

1. If the competent authority, after the examination of the application and the assessment of the results of any oppositions received, and any changes to the application agreed with the applicant, finds that the requirements of this Regulation are met, it shall take a favourable decision by a deadline to be determined by national legislation and lodge a Union application for registration in accordance with Article 17.

Amendment 341 #

Proposal for a regulation
Article 14 – paragraph 2

2. The competent authority shall ensure that its decision is made public and that any person having a legitimate interest has an opportunity to lodge an appeal. The competent authority shall ensure that the product specification on which its favourable decision is based is published, and shall provide access, including electronic ~~access~~, to the product specification.

Amendment 342 #

Proposal for a regulation
Article 15 – paragraph 1 – introductory part

1. ~~By way of derogation from Article 11, the Commission shall be empowered to exempt a Member State~~A Member State may opt out from the obligation to designate a competent authority in accordance with Article 11(1) and to handle the management of the applications of geographical indications for craft and industrial products at national level, if the Member State~~, by 6 months from the date of entry into force of this Regulation, provides the Commission with evidence that shows that the following conditions are met~~ informs the Commission of its choice to opt for the direct procedure:

Amendment 343 #

Proposal for a regulation
Article 15 – paragraph 1 – introductory part

Amendment 344 #

Proposal for a regulation
Article 15 – paragraph 1 – point a

~~(a) the Member State concerned does not have a national sui generis system in place for the management of geographical indications for craft and industrial products; an~~deleted

Amendment 345 #

Proposal for a regulation
Article 15 – paragraph 1 – point b

Amendment 346 #

Proposal for a regulation
Article 15 – paragraph 2

~~2. The Commission may request further information from the Member State before adopting a Commission Decision on the derogation referred in paragraph 1.~~deleted

Amendment 347 #

Proposal for a regulation
Article 15 – paragraph 2

2. The Commission may request further information from the Member State ~~before adopting a Commission Decision~~ on the derogation referred in paragraph 1.

Amendment 348 #

Proposal for a regulation
Article 15 – paragraph 3

3. When a Member State makes use of the derogation in accordance with paragraph 1, the concerned application ~~from a producer group of that Member State~~ for registration, cancellation or amendment tof the product specification of a geographical indication originating in the Union shall be addressed directly to the Office. In cases where Article 8(2) applies, the Office shall also prepare the single document on the basis of the information provided in accordance with Articles 7 and 9.

Amendment 349 #

Proposal for a regulation
Article 15 – paragraph 3

3. When a Member State makes use of the d~~erogation in accordance with paragraph 1~~irect procedure, the application from a producer group of that Member State for registration, cancellation or amendment of the product specification of a geographical indication originating in the Union shall be addressed directly to the Office.

Amendment 35 #

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 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. and accessible in all the official languages of the Member States.

Amendment 350 #

4. A Member State that ~~has applied the derogation~~opts out in accordance with paragraph 1, may decide to withdraw its opt-out and designate a competent authority for the management of the applications of geographical indications for craft and industrial products. Such decision shall not affect any ongoing registration procedures. The Member State shall inform in writing the Commission of its decision ~~to withdraw the opt-out~~.

Amendment 351 #

Proposal for a regulation
Article 15 – paragraph 5

Amendment 352 #

Proposal for a regulation
Article 15 – paragraph 5

Amendment 353 #

Proposal for a regulation
Article 15 – paragraph 8

8. Upon request by the Office, within 60 days from such request, the Member State, through the contact point, shall provide assistance in particular for the examination process. Upon request by the Member State, the time limit may be extended by 60 days. Such assistance shall include examining certain specific aspects of the applications lodged by the applicant with the Office, verifying certain information in the applications, issuing declarations concerning such information and replying to other requests for clarifications made by the Office in relation to the applications, notably pursuant to the joint controller roles of the Office and of the competent authorities of the Member State in relation to the processing of personal data in the procedures for which they are competent under the Regulation.

Amendment 354 #

Proposal for a regulation
Article 15 – paragraph 8

Amendment 355 #

Proposal for a regulation
Article 15 – paragraph 9

~~9. If the Member State, through the contact point, does not provide assistance within the time limit referred to in paragraph 8, the application shall be deemed not to be filed.~~deleted

Amendment 356 #

Proposal for a regulation
Article 15 – paragraph 9

9. If the Member State, through the contact point, does not provide assistance within the time limit referred to in paragraph 8, the applicant shall be informed and shall have a period of time in which to respond, at the end of which the application shall be deemed not to be filed.

Amendment 357 #

Proposal for a regulation
Article 16 – paragraph 2

2. The temporary national protection shall cease on the date on which either a decision on the application for registration is adopted ~~or the application is~~, rejected or withdrawn.

Amendment 358 #

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 a Member State to the Office related to an applicant, shall comprise:

Amendment 359 #

Nicolae ŞTEFĂNUȚĂ, Marie-Pierre VEDRENNE, Dita CHARANZOVÁ

Proposal for a regulation
Article 17 – paragraph 3

3. For geographical indications concerning products originating in a third country or countries the application for registration is submitted to the Office, such application for registration shall comprise: (a) the product specification referred to in Article 7 together with its publication reference; (b) the single document referred to in Article 8; (c) the accompanying documentation referred to in Article 9; (d) legal proof of protection of the geographical indication in its country of origin; (e) a power of attorney where the applicant is represented by an agent.deleted

Amendment 36 #

Proposal for a regulation
Recital 23

(23) The Union negotiates international agreements, including those concerning the protection of geographical indications, with its trade partners. Protection of geographical indications for craft and industrial products throughout the Union can also stem from those agreements, irrespective of the international registrations provided under the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications or the application and registration system set out in this Regulation. In its negotiating capacity the Commission should make every effort to extend, update and improve protection of geographical indications pertaining to craft and industrial products with trade partners which are not signatories to the Geneva Act of the Lisbon Agreement by means of bilateral and multilateral agreements, to create symmetry in trade relations and ensure that EU craft and industrial products are reciprocally protected by our trade partners. In order to facilitate the provision to the public of information about the geographical indications protected in the Union either by virtue of the international registrations provided under the Geneva Act or by virtue of the international agreements with the Union trade partners, and in particular to ensure protection and control of the use to which those geographical indications are put, those geographical indications should be entered in the Union register of geographical indications for craft and industrial products.

Amendment 360 #

Proposal for a regulation
Article 17 – paragraph 3 – introductory part

3. For geographical indications concerning products originating in a third country or countries ~~the~~and in order to respect a principle of reciprocity, the application may only come from a third country that recognises and enforces the Union's geographical indications. This application for registration is submitted to the Office, such application for registration shall comprise:

Amendment 361 #

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 registration is submitted to the Office, such application for registration shall comprise the following documents in an official language of the EU or translated into one of the official languages of the EU:

Amendment 362 #

Proposal for a regulation
Article 17 – paragraph 4

Amendment 363 #

Proposal for a regulation
Article 17 – paragraph 5

Amendment 364 #

Proposal for a regulation
Article 17 – paragraph 5

Amendment 365 #

Proposal for a regulation
Article 17 – paragraph 6

~~6. The Commission shall be empowered to adopt~~ delegated ~~acts defining procedures and conditions applicable to the preparation and submission of Union applications for registration.~~

Amendment 366 #

Proposal for a regulation
Article 18 – paragraph 1

Amendment 367 #

Proposal for a regulation
Article 18 – paragraph 2

Amendment 368 #

Proposal for a regulation
Article 18 – paragraph 3

3. Upon submission, the Office shall publish the Union application in the Union register of geographical indications for craft and industrial products in accordance with Regulations (EU) 2018/1725 and (EU) 2016/679.

Amendment 369 #

Proposal for a regulation
Article 19 – paragraph 3

Amendment 37 #

Proposal for a regulation
Recital 23

(23) The Union negotiates international agreements, including those concerning the protection geographical indications, with its trade partners. Protection of geographical indications for craft and industrial products throughout the Union can also stem from those agreements, irrespective of the international registrations provided under the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications or the application and registration system set out in this Regulation. In order to facilitate the provision to the public of information about the geographical indications protected in the Union either by virtue of the international registrations provided under the Geneva Act or by virtue of the international agreements with the Union trade partners, and in particular to ensure protection and control of the use to which those geographical indications are put, those geographical indications should be entered in the Union register of geographical indications for craft and industrial products. When a new international trade agreement is signed by the Commission, producer groups should be duly notified by the closest administration. In case a geographical indication has not been included, the Commission, together with the national, regional or local administration, should establish mechanisms to secure the intellectual property of that geographical indication or producer group in the partner country.

Amendment 370 #

Proposal for a regulation
Article 19 – paragraph 4

Amendment 371 #

Proposal for a regulation
Article 19 – paragraph 4

4. ~~The Office may seek supplementary information from the Member State concerned.~~ If the application is lodged by a producer group from a third country or by the competent authority of a third country, such producer group or competent authority shall provide supplementary information where requested to do so by the Office. The office shall inform the Member State concerned and may request supplementary information from it.

Amendment 372 #

Proposal for a regulation
Article 19 – paragraph 6

Amendment 373 #

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 or in case of third country applications, to the relevant ~~producer group~~applicant or competent authority that has submitted the Union application, ~~from where that application originates~~ and request to complete or to correct the application within 60 days. If the Member State, or in case of third country applications, the relevant ~~producer group~~applicant or competent authority, does not complete or correct the application within the deadline, the application shall be ~~considered to be withdrawn, or if not corrected, it shall be rejected pursuant to Article 24(2)~~rejected and the Office shall inform the applicant that the application will be rejected pursuant to Article 24(2) if not completed or corrected within the following 14 days. The Office shall publish rejected applications in accordance with Regulations (EU) 2018/1725 and (EU) 2016/679.

Amendment 374 #

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 or in case of third country applications, to the relevant producer group or competent authority that has submitted the Union application, from where that application originates and request to complete or to correct the application within 60 days. The period referred to in Article 2 shall be extended by the time needed to provide the necessary responses. If the Member State, or in case of third country applications, the relevant producer group or competent authority, does not complete the application within the deadline, the application shall be considered to be withdrawn, or if not corrected, it shall be rejected pursuant to Article 24(2).

Amendment 375 #

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 or in case of third country applications, to the relevant producer group or competent authority that has submitted the Union application, from where that application originates and request to complete or to correct the application within 60 days. If the Member State, or in case of third country applications, the relevant producer group or competent authority, does not complete the application within the deadline, the application shall be considered to be withdrawn, or if not corrected, it shall be rejected pursuant to Article 24(2). The Office shall publish rejected application.

Amendment 376 #

Proposal for a regulation
Article 19 – paragraph 7

7. Where, based on the examination carried out pursuant to paragraph 1, the Office considers that the conditions laid down in this Regulation are fulfilled, within 7 calendar days, it shall publish for the purposes of opposition in the Union register of geographical indications for craft and industrial products the single document and the reference to the product specification on the webpage of the Member State concerned. The single document shall be published in the official languages of the Union.

Amendment 377 #

Proposal for a regulation
Article 20 – paragraph 1

1. Member States, or their competent authority, shall keep the Office informed of any national administrative and judicial proceedings that may affect the registration of a geographical indication.

Amendment 378 #

Proposal for a regulation
Article 20 – paragraph 2 – introductory part

2. The Office shall be exempted from the obligation to meet the deadline to perform the examination laid down in Article 19(2) ~~and~~, while still having to inform the applicant of the reasons for the delay, where it receives a communication from a Member State, concerning an application for registration in accordance with Article 14(1), which:

Amendment 379 #

Proposal for a regulation
Article 20 – paragraph 2 – introductory part

2. The Office shall be exempted from the obligation to meet the deadline to perform the examination laid down in Article 19(23) and toshall inform the applicant of the reasons for the delay, where it receives a communication from a Member State, concerning an application for registration in accordance with Article 14(1), which:

Amendment 38 #

Proposal for a regulation
Recital 23

(23) The Union negotiates international agreements, including those concerning the protection geographical indications, with its trade partners. Protection of geographical indications for craft and industrial products throughout the Union can also stem from those agreements, irrespective of the international registrations provided under the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications or the application and registration system set out in this Regulation. In its negotiating capacity the Commission should make every effort to extend protection of geographical indications pertaining to craft and industrial products with trade partners which are not party to the Geneva Act of the Lisbon Agreement by agreements with third countries. In order to facilitate the provision to the public of information about the geographical indications protected in the Union either by virtue of the international registrations provided under the Geneva Act or by virtue of the international agreements with the Union trade partners, and in particular to ensure protection and control of the use to which those geographical indications are put, those geographical indications should be entered in the Union register of geographical indications for craft and industrial products.

Amendment 380 #

Proposal for a regulation
Article 20 – paragraph 3

3. The exemption set out in paragraph 2 shall have effect until the Office is informed by the Member State, or its competent authority, that the original application has been restored or that the Member State withdraws its request for suspension.

Amendment 381 #

Proposal for a regulation
Article 21 – title

21 OUnion opposition ~~and comments~~ procedure

Amendment 382 #

Proposal for a regulation
Article 21 – title

Opposition ~~and comments~~ procedure

Amendment 383 #

Proposal for a regulation
Article 21 – paragraph 1

1. Within 3 months from the date of publication of the single document and the reference to the product specification referred to in Article 7 in the Union register of geographical indications for craft and industrial products an opponent may lodge an opposition ~~or notice of comment with the Office~~with the Office (‘Union opponent’) as set out in Article 22 of this Regulation. The applicant and the opponent shall be considered a party to the procedure.

Amendment 384 #

Proposal for a regulation
Article 21 – paragraph 1

1. Within 3 months from the date of publication of the single document and the reference to the product specification referred to in Article 7 in the Union register of geographical indications for craft and industrial products an opponent may lodge an opposition ~~or notice of comment with the Office~~with the Office (Union opponent). The applicant and the opponent shall be considered a party to the procedure.

Amendment 385 #

Proposal for a regulation
Article 21 – paragraph 1

1. Within 3 months from the date of publication of the single document and the reference to the product specification referred to in Article 7 in the Union register of geographical indications for craft and industrial products an opponent may lodge an opposition ~~or notice of comment~~ with the Office. The applicant and the opponent shall be considered a party to the procedure.

Amendment 386 #

Proposal for a regulation
Article 21 – paragraph 2

2. An opponent may be the competent authorities of a Member State, or of a third country concerned pursuant to Article 17(4), or a natural or legal person having legitimate interest and established or resident in a third country concerned pursuant to Article 17(4) or in another Member State that does not qualify as a national opponent pursuant to Article 13(1).

Amendment 387 #

Proposal for a regulation
Article 21 – paragraph 3

3. The Office shall check the admissibility of the opposition, taking into account the grounds of opposition under Article 22. If the Office considers that the opposition is admissible, it shall, within 60 days after the receipt of that opposition, invite the opponent and the applicant to engage in consultations for a reasonable period not exceeding 3 months. At any time during that period, the Office may, at the request of either party, extend the time limit for the consultations by a maximum of 3 months. The Office may offer mediation for the consultations between the applicant and the opponent pursuant to Article 170 of Regulation (EU) 2017(1001).

Amendment 388 #

Proposal for a regulation
Article 21 – paragraph 3

3. The Office shall check the admissibility of the opposition. If the Office considers that the opposition is admissible, it shall, within 630 days after the receipt of that opposition, i~~nvite the~~ssue a written invitation to the Union opponent and the applicant to engage in consultations for a reasonable period not exceeding 3 months. At any time during that period, the Office may, at the request of either party, extend the time limit for the consultations by a maximum of 3 months. The Office ~~may~~shall offer mediation for the consultations between the applicant and the Union opponent pursuant to Article 170 of Regulation (EU) 2017(1001).

Amendment 389 #

Proposal for a regulation
Article 21 – paragraph 3

3. The Office shall check the admissibility of the opposition. If the Office considers that the opposition is admissible, it shall, within 630 days after the receipt of that opposition, invite the Union opponent and the applicant to engage in consultations for a reasonable period not exceeding 3 months. At any time during that period, the Office may, at the request of either party, extend the time limit for the consultations by a maximum of 3 months. The Office ~~may~~shall offer mediation for the consultations between the applicant and the opponent pursuant to Article 170 of Regulation (EU) 2017(1001).

Amendment 39 #

Proposal for a regulation
Recital 23

(23) The Union negotiates international agreements, including those concerning the protection geographical indications, with its trade partners. Protection of geographical indications for craft and industrial products throughout the Union can also stem from those agreements, irrespective of the international registrations provided under the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications or the application and registration system set out in this Regulation. In its negotiating capacity the Commission should to extend protection of geographical indications pertaining to craft and industrial products with trade partners which are not party to the Geneva Act of the Lisbon Agreement by agreements with third countries. In order to facilitate the provision to the public of information about the geographical indications protected in the Union either by virtue of the international registrations provided under the Geneva Act or by virtue of the international agreements with the Union trade partners, and in particular to ensure protection and control of the use to which those geographical indications are put, those geographical indications should be entered in the Union register of geographical indications for craft and industrial products.

Amendment 390 #

Proposal for a regulation
Article 21 – paragraph 4

4. The applicant and the Union opponent shall provide each other during the consultation with the relevant information to assess whether the application for registration complies with the conditions set out in this Regulation.

Amendment 391 #

Proposal for a regulation
Article 21 – paragraph 6

6. Within 1 month from the end of the consultations referred to in paragraph 2, the applicant established in the third country or the competent authority of the Member State or of the third country ~~from which the application for Union registration was lodged~~ shall notify the Office of the result of the consultations, whether an agreement was reached with one or all of the opponents, and of any consequent changes to the application made by that applicant. The opponent may also notify the Office of its position at the end of the consultations.

Amendment 392 #

Proposal for a regulation
Article 21 – paragraph 7

7. Where, following the end of the consultations, the data published in accordance with Article 19(67) have been modified, the Office shall carry out a new examination of the modified application. Where the application for registration has been modified in a substantial manner, and the Office considers that the modified application meets the conditions for registration, within 7 calendar days, it shall publish the modified application in accordance with that paragraph.

Amendment 393 #

Proposal for a regulation
Article 21 – paragraph 8

8. The authorities and persons that may act as an opponent may lodge a notice of comment with the Office. The competent authority or person that lodged a notice of comment shall not be considered to be a party to the procedure.deleted

Amendment 394 #

Proposal for a regulation
Article 21 – paragraph 8

Amendment 395 #

Proposal for a regulation
Article 21 – paragraph 9

~~9. The Office may share the notice of comment with the applicant and the opponent.~~deleted

Amendment 396 #

Proposal for a regulation
Article 21 – paragraph 9

~~9. The Office may share the notice of comment with the applicant and the opponent.~~deleted

Amendment 397 #

Proposal for a regulation
Article 21 – paragraph 10

10. In order to facilitate the official submission of comments and to improve management of the opposition procedure, the Commission may adopt implementing acts laying down the necessary rules to provide for the submission of such official comments and specifying the format and online presentation of oppositions and any comments procedure. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 65(2).deleted

Amendment 398 #

Proposal for a regulation
Article 21 – paragraph 10

10. In order to facilitate ~~the official submission of comments~~ and to improve management of the opposition procedure, the Commission may adopt implementing acts laying down the necessary rules to ~~provide for the submission of such official comments and specifying the format and~~define the format of the online presentation of oppositions and ~~any comments~~the procedure. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 65(2).

Amendment 399 #

Proposal for a regulation
Article 22 – paragraph 2 – point a

(a) the proposed geographical indication does not comply with the requirements for protection laid down in this Regulation or;

Amendment 40 #

Proposal for a regulation
Recital 23

(23) The Union negotiates international agreements, including those concerning the protection geographical indications, with its trade partners. Protection of geographical indications for craft and industrial products throughout the Union ~~can also s~~should be a prerequisitem forom those agreements, irrespective of the international registrations provided under the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications or the application and registration system set out in this Regulation. In order to facilitate the provision to the public of information about the geographical indications protected in the Union either by virtue of the international registrations provided under the Geneva Act or by virtue of the international agreements with the Union trade partners, and in particular to ensure protection and control of the use to which those geographical indications are put, those geographical indications should be entered in the Union register of geographical indications for craft and industrial products.

Amendment 400 #

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, or;

Amendment 401 #

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 402 #

Proposal for a regulation
Article 22 – paragraph 2 – point c

Amendment 403 #

Proposal for a regulation
Article 22 – paragraph 2 – point c

(c) the registration of the proposed geographical indication would ~~jeopardise the existenc~~be detrimental to the use of, an identi~~rely, or partly identical~~cal or similar name or of a trade mark, or t~~he existenc~~o the use of products which have been legally on the market for at least 5 years preceding the date of the publication provided for in Article 18(3).

Amendment 404 #

Proposal for a regulation
Article 22 a (new)

Article 22 a Notice of comment procedure 1. In order to correct inaccuracies in an ongoing registration procedure for a geographical indication, a competent authority of a Member State or of a third country, or a natural or legal person having a legitimate interest and established or resident in a third country or in another Member State may lodge a notice of comment with the Office within three months of the date of publication of the single document and the product specification reference in the Union register. 2. The notice of comment referred to in paragraph 1 shall not be based on the grounds for opposition referred to in Article 22. The competent authority or person that lodges a notice of comment shall not be considered to be a party to the procedure. 3. The Office shall share the notice of comment with the applicant and shall take the notice of comment into consideration when deciding on the application of the registration, unless it is unclear or obviously incorrect. 4. In order to facilitate the management of the notice of comment procedure, the Commission may adopt implementing acts laying down rules on the submission of such notice of comments and specifying their format and online presentation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 65(2).

Amendment 405 #

Proposal for a regulation
Article 23 – paragraph 2

2. The Office may decide to extend the transitional period granted under paragraph 1 up to 15 years, or allowing continued use for up to 15 years, provided it is additionally shown that: (a) the name in the designation referred to in paragraph 1 has been in legal use consistently and fairly for at least 25 years before the application for registration of the concerned geographical indication was submitted to the Office; (b) the purpose of using the name in the designation referred to in paragraph (1) has not, at any time, been to profit from the reputation of the name of the product that has been registered as geographical indication; and (c) the consumer has not been or could not have been misled as to the true origin of the product.deleted

Amendment 406 #

Proposal for a regulation
Article 23 – paragraph 2

2. The Office may decide to extend the transitional period granted under paragraph 1 up to 15 years, or allowing continued use for up to 15 years, provided it is additionally shown that: (a) the name in the designation referred to in paragraph 1 has been in legal use consistently and fairly for at least 25 years before the application for registration of the concerned geographical indication was submitted to the Office; (b) the purpose of using the name in the designation referred to in paragraph (1) has not, at any time, been to profit from the reputation of the name of the product that has been registered as geographical indication; and (c) the consumer has not been or could not have been misled as to the true origin of the product.deleted

Amendment 407 #

Proposal for a regulation
Article 23 – paragraph 2

2. The Office may decide to extend the transitional period granted under paragraph 1 up to 15 years, or allowing continued use for up to 15 years, provided it is additionally shown that: (a) the name in the designation referred to in paragraph 1 has been in legal use consistently and fairly for at least 25 years before the application for registration of the concerned geographical indication was submitted to the Office; (b) the purpose of using the name in the designation referred to in paragraph (1) has not, at any time, been to profit from the reputation of the name of the product that has been registered as geographical indication; and (c) the consumer has not been or could not have been misled as to the true origin of the product.deleted

Amendment 408 #

Proposal for a regulation
Article 23 – paragraph 2

2. The Office may decide to extend the transitional period granted under paragraph 1 up to 15 years, or allowing continued use for up to 15 years, provided it is additionally shown that: (a) the name in the designation referred to in paragraph 1 has been in legal use consistently and fairly for at least 25 years before the application for registration of the concerned geographical indication was submitted to the Office; (b) the purpose of using the name in the designation referred to in paragraph (1) has not, at any time, been to profit from the reputation of the name of the product that has been registered as geographical indication; and (c) the consumer has not been or could not have been misled as to the true origin of the product.deleted

Amendment 409 #

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 150 years, or allowing continued use for up to 15 years, provided it is additionally shown that:

Amendment 41 #

Proposal for a regulation
Recital 23 a (new)

(23a) The EU should also extend promotion campaigns and financial assistance to EU craft and industrial products designated with recognised geographical indications. These campaigns are designed to create new external market opportunities and, in particular, facilitate the internationalisation of micro, small and medium-sized enterprises.

Amendment 410 #

Proposal for a regulation
Article 23 – paragraph 4

4. When using a designation referred to in paragraph 1, the indication of the country of origin shall clearly and visibly appear on the labelling and on the production description when it is marketed on an online sales website.

Amendment 411 #

Proposal for a regulation
Article 23 – paragraph 4

4. When using a designation referred to in paragraph 1, for the purpose of transitional period, the indication of the country of origin shall clearly and visibly appear on the labelling.

Amendment 412 #

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 105 years, with effect from the date on which the application is ~~lodg~~registered with the Office, provided that the operators concerned have legally marketed the products in question, using the names concerned continuously for at least 5 years preceding the lodging of the application to the authorities of that Member State and have referred to that fact in the national opposition procedure referred to in Article 13.

Amendment 413 #

Proposal for a regulation
Article 23 – paragraph 5

Amendment 414 #

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 105 years, with effect from the date on which the application is lodged with the Office, provided that the operators concerned have legally marketed the products in question, using the names concerned continuously for at least 5 years preceding the lodging of the application to the authorities of that Member State and have referred to that fact in the national opposition procedure referred to in Article 13.

Amendment 415 #

Proposal for a regulation
Article 23 – paragraph 6

Amendment 416 #

Proposal for a regulation
Article 24 – paragraph 1

1. After completion of the opposition ~~and notice of comments~~ procedure, the Office shall finalise its examination, taking into account any provisional periods, the outcome of any opposition procedure~~, any notice of comments received~~ and any other matters that come to light in the course of the examination that may give rise to a change in the single document.

Amendment 417 #

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 rejecting the application for registration. Within 7 calendar days, the Office shall publish the rejection of the application in accordance with Regulations (EU) 2018/1725 and (EU) 2016/679.

Amendment 418 #

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, ~~class~~type of the product, indications of the country or countries of origin and the reference to the decision published in the Union register of geographical indications for craft and industrial products shall be published in the Official Journal of the European Union.

Amendment 419 #

Proposal for a regulation
Article 24 – paragraph 7

Amendment 42 #

Proposal for a regulation
Recital 24

(24) For the optimal functioning of the internal market, it is important that producers and other operators concerned, authorities and consumers may quickly and easily have access to the relevant information concerning a registered protected geographical indication. Where applicable, regional or local administrations should be able to provide administrative assistance to producers. At the same time, regional or local entities should encourage and incentivise producers to join other stakeholders managing geographical indications.

Amendment 420 #

Proposal for a regulation
Article 24 – paragraph 7

Amendment 421 #

Proposal for a regulation
Article 25

Decision by the Commission 1. Concerning applications for registration referred to in Article 17, the Commission may take over from the Office, at any time before the end of the procedure, on its own initiative, on the initiative of a Member State or the Office, the power to decide on the application for registration of the proposed geographical indication where such decision may jeopardise the public interest or the Union’s trade or external relations. The Office shall submit a proposal to the Commission for a decision pursuant to Article 24(2) to 24(6). The Commission shall adopt the final act on the application for registration. This paragraph shall apply mutatis mutandis to the cancellation and the amendment of the product specification. 2. In situations referred to in paragraph 1 of this Article, the Commission shall adopt implementing acts on the protection of the geographical indication. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 65(2) and shall be published in the Official Journal of the European Union and in the Union register of geographical indications for craft and industrial products. 3. The Office shall ensure that the Commission has access to the documents concerning the applications for registration, any amendment of the product specification and cancellation through the digital system referred to in Article 18(1) and Article 26(1).Article 25 deleted

Amendment 422 #

Proposal for a regulation
Article 25 – paragraph 1

1. Concerning applications for registration referred to in Articles 15 and 17, the Commission may take over from the Office, at any time before the end of the procedure, on its own initiative, on the initiative of a Member State or the Office, the power to decide on the application for registration of the proposed geographical indication where such decision may jeopardise the public interest or the Union’s trade or external relationsshall decide on the application for registration of the proposed geographical indication. The Office shall submit a proposal to the Commission for a decision pursuant to Article 24(2) to 24(6). The Commission shall adopt the final act on the application for registration. This paragraph shall apply mutatis mutandis to the cancellation and the amendment of the product specification.

Amendment 423 #

Proposal for a regulation
Article 25 – paragraph 3

3. The Office shall ensure that the Commission has access to the documents concerning the applications for registration, any amendment of the product specification and cancellation through the digital system referred to in Article 18(1) and Article 26(1) in accordance with Regulations (EU) 2018/1725 and (EU) 2016/679.

Amendment 424 #

Proposal for a regulation
Article 26 – paragraph 1

Amendment 425 #

Proposal for a regulation
Article 26 – paragraph 1

Amendment 426 #

Proposal for a regulation
Article 26 – paragraph 3 – point b

(b) the ~~class~~type of the product;

Amendment 427 #

Proposal for a regulation
Article 26 – paragraph 3 – point b

(b) the ~~class~~type of the product;

Amendment 428 #

Proposal for a regulation
Article 26 – paragraph 3 – point b

(b) the ~~class of the~~type of product;

Amendment 429 #

Nicolae ŞTEFĂNUȚĂ, Marie-Pierre VEDRENNE, Dita CHARANZOVÁ

Proposal for a regulation
Article 26 – paragraph 3 – point b

(b) the ~~class of the~~type of product;

Amendment 43 #

Proposal for a regulation
Recital 24

(24) For the optimal functioning of the internal market, it is important that producers and other operators concerned, authorities and consumers may quickly and easily have access to the relevant information concerning a registered protected geographical indication. Access to the relevant information should be reliable, free of charge and equally granted to all stakeholders interested.

Amendment 430 #

Proposal for a regulation
Article 26 – paragraph 3 – point b a (new)

(b a) the contact details of the holders of the registered geographical indication;

Amendment 431 #

Proposal for a regulation
Article 26 – paragraph 3 – point c

Amendment 432 #

Proposal for a regulation
Article 26 – paragraph 4

4. Geographical indications 4. concerning products from third countries that are protected in the Union under an international agreement to which the Union is a contracting party shall be entered in the Union register of geographical indications for craft and industrial products. Geographical indications other than those protected in the Union pursuant to Article 7 Regulation EU 2019/~~571~~1753 shall be registered by means of implementing acts adopted by the Commission in accordance with the examination procedure referred to in Article 65(2).

Amendment 433 #

Proposal for a regulation
Article 26 – paragraph 6

6. The Commission shall make public and regularly update both the list of the international agreements referred to in paragraph 2 and the list of geographical indications protected under those agreements. The Commission shall enable easy access to the product specifications behind each geographical indication, regardless of whether they are from the EU or third- countries, including those recognised via trade agreements or via the mechanism foreseen in the Geneva Act.

Amendment 434 #

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 for 10maximum 5 years thereafter. The personal data contained in such documentation shall however be retained for no longer than is necessary for the purposes for which the personal data are processed, according to Regulation (EU) 2016/679 and Regulation (EU) No 2018/1725.

Amendment 435 #

Proposal for a regulation
Article 26 – paragraph 7

Amendment 436 #

Proposal for a regulation
Article 26 – paragraph 7

Amendment 437 #

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 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. Reasons leading to the rejection of an application shall be made accessible as well.

Amendment 438 #

Proposal for a regulation
Article 27 – paragraph 1

1. The Office shall ensure that any person is able to easily download, in a machine-readable, commonly used format, 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 439 #

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 or rejection of the geographical indication, and other 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 44 #

Proposal for a regulation
Recital 26

(26) To tackle the online sale of counterfeits and protect rights-holders and consumers, the Office should establish an information and alert system against the abusive use of craft and industrial geographical indications in the domain name system. This system should inform applicants, on the one hand, about the availability of the geographical indication as a domain name and, on the other hand, provide them with information once a domain name that is conflicting with their geographical indication is registered. Receiving such alerts would allow producers to take appropriate action more quickly and effectively. Registries of country-code top-level domain names, established in the Union, should provide the Office with all the information and data in their possession necessary to run the system as a task carried out in public interest, namely information on the availability of the geographical indication as a domain name and, as far as the alerts are concerned, the particulars of conflicting domain names, the dates of its application and registration. The information and data should be provided in a machine readable format. Making the information and data available to the Office is proportionate as it serves the legitimate purpose of ensuring better protection and enforcement of geographical indications as intellectual property in the online environment. This is even more so as regarding the alerts the transfer of domain name registration data is explicitly limited to those domain names that are identical or similar and therefore potentially capable of infringing the geographical indication concerned.

Amendment 440 #

Proposal for a regulation
Article 27 – paragraph 1

Amendment 441 #

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 local authority 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 in the Union register and in the official extract referred to in paragraph (1) of this Article.

Amendment 442 #

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 the single producer shall be identified as the holder of the registration ~~in the Union register~~ of geographical indications for craft and industrial products in the Union register and in the official extract referred to in paragraph (1) of this Article.

Amendment 443 #

Proposal for a regulation
Article 28 – paragraph 1

1. A producer group, a producer or an authority designated by a Member State having a legitimate interest may apply for the approval of an amendment to the product specification of a registered geographical indication.

Amendment 444 #

Proposal for a regulation
Article 28 – paragraph 1

1. A producer group, a single producer or a competent authority having a legitimate interest may apply for the approval of an amendment to the product specification of a registered geographical indication.

Amendment 445 #

Proposal for a regulation
Article 28 – paragraph 1

1. A producer group or a natural or legal person having a legitimate interest may apply for the approval of an amendment to the product specification of a registered geographical indication.

Amendment 446 #

Proposal for a regulation
Article 28 – paragraph 4

Amendment 447 #

Proposal for a regulation
Article 28 – paragraph 5 a (new)

5 a. 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 natural disaster or a geopolitical event the consequences of such are formally recognised by the competent authorities.

Amendment 448 #

Proposal for a regulation
Article 28 – paragraph 6

6. Applications for amendments referred to in paragraph 2 submitted by a third country concerned pursuant to Article 17(4) or by producers established in a third country concerned pursuant to Article 17(4), shall contain proof that the requested amendment complies with the laws on the protection of geographical indications in force in that third country and in the Member State with which the cross-border geographical area of origin of the product is shared.

Amendment 449 #

Nicolae ŞTEFĂNUȚĂ, Marie-Pierre VEDRENNE, Dita CHARANZOVÁ

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. Where Article 25 applies, the Office shall approve the standard amendments. The Office shall make the those amendments public in the Union register of geographical indications for craft and industrial products, within 7 calendar days after their approval.

Amendment 45 #

Proposal for a regulation
Recital 28

(28) Protection should be granted to names included in the Union register of geographical indications for craft and industrial products to ensure that they are used fairly and in order to prevent practices liable to mislead consumers. In order to strengthen geographical indication protection and to combat more effectively counterfeiting, both in online and offline environments, the protection of geographical indications should also apply to domain names on the internet, thus the establishment of an information and alert system at the EUIPO on the availability of GIs as domain name and on potential infringing domain registrations, requiring EU ccTLD registries to provide EUIPO with relevant information and data, is essential1a. Concerning the protection of geographical indications, it is also important to have due regard to the Agreement on Trade-Related Aspects of Intellectual Property Rights, and in particular Articles 22 and 23 thereof, and to the General Agreement on Tariffs and Trade including Article V thereof on freedom of transit, which were approved by Council Decision 94/800/EC15 . Within such legal framework, in order to strengthen geographical indication protection and to combat counterfeiting more effectively, such protection should also apply with regard to goods entering the customs territory of the Union without being released for free circulation, and placed under special customs procedures such as those relating to transit, storage, specific use or processing. ~~_________________~~ This should be achieved in full conformity with Regulation (EU) No 608/2013 of 12 June 2013 concerning customs enforcement of intellectual property rights and repealing Council Regulation (EC) No1383/2003. _________________ 1a This will boost the already existing information and alert system set up by EUIPO – European Union Intellectual Property Office in collaboration with EURid for EUTMs and .eu domain names 15 Council Decision 94/800/EC of 22 December 1994 concerning the conclusion on behalf of the European Community, as regards matters within its competence, of the agreements reached in the Uruguay Round multilateral negotiations (1986- 1994) (OJ L 336, 23.12.1994, p. 1).

Amendment 450 #

Proposal for a regulation
Article 28 – paragraph 8

Amendment 451 #

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, a third country concerned pursuant to Article 17(4) or any natural or legal person having a legitimate interest, decide to cancel the registration of a geographical indication in the following cases:

Amendment 452 #

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 producer 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 453 #

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 75 years.

Amendment 454 #

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 75 years.

Amendment 455 #

Proposal for a regulation
Article 29 – paragraph 2

2. The Office may, at the request of an authority designated by a Member State, the producer group or producer of the product marketed under the registered name, decide to cancel the corresponding registration.

Amendment 456 #

Proposal for a regulation
Article 29 – paragraph 3

3. Article 6 and Articles 19 to 254 shall apply mutatis mutandis to the cancellation procedure.

Amendment 457 #

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 interested 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. Any natural person affected by the cancellation of the registration of a geographical indication may submit observations during the cancellation procedure. If the geographical indication was registered pursuant to Article 15, the Office shall consult the Advisory Board referred to in Article 33.

Amendment 458 #

Proposal for a regulation
Article 29 – paragraph 5

5. The Commission may adopt implementing acts laying down detailed rules on procedures and form of the cancellation process, as well as on the presentation of the requests referred to in paragraphs 1 and 2 and the observations referred to in paragraph 4 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 65(2).

Amendment 459 #

Proposal for a regulation
Article 30 – paragraph 1

1. Any party to a procedure regulated in this Regulation that is adversely affected by the decision taken by the ~~Office~~Commission in that procedure may lodge an appeal to the Boards of Appeal referred to in Article 34 against the decision. The appealed decisions of the ~~Office~~Commission shall take effect only as from the date of expiration of the appeal period referred to in paragraph 3. The filing of the appeal shall have suspensive effect. Member States shall also have the right to join the procedure.

Amendment 46 #

Proposal for a regulation
Recital 28 a (new)

(28a) To better protect geographical indications, tackle counterfeiting more effectively and in the interests of transparency and providing consumers with comprehensive information, the protection of geographical indications should also apply to names on online shops.

Amendment 460 #

Proposal for a regulation
Article 30 – paragraph 5

5. Following an examination of admissibility of the appeal, the Boards of Appeal shall decide on the appeal. The Boards of Appeal shall either exercise any power within the competence of the geographical indications division which was responsible for the decision appealed or remit the case to that geographical indication division for further prosecution. The Boards of Appeal may, on its own initiative or upon the written, reasoned request of a party, consult the Advisory Board as referred to in Article 33. The Office may offer alternative dispute resolution, like mediation services pursuant to Article 170 of Regulation (EU) 2017/1001, with a view of assisting the parties reach an amicable settlement.

Amendment 461 #

Proposal for a regulation
Article 30 – paragraph 5

5. Following an examination of admissibility of the appeal, the Boards of Appeal shall ~~decide~~propose a decision on the appeal. The Boards of Appeal shall either exercise any power within the competence of the geographical indications division which was responsible for the decision appealed or remit the case to that geographical indication division for further prosecution. The Boards of Appeal may, on its own initiative or upon the written, reasoned request of a party, consult the Advisory Board as referred to in Article 33. The Office may offer mediation services pursuant to Article 170 of Regulation (EU) 2017/1001, with a view of assisting the parties reach an amicable settlement.

Amendment 462 #

Proposal for a regulation
Article 30 – paragraph 6

6. Actions may be brought before the General Court against decisions of the ~~Boards of Appeal~~Commission in relation to appeals, within two months of the date of publication of the decision of the Boards of Appeal, on grounds of infringement of an essential procedural requirement, infringement of the TFEU, infringement of this Regulation or of any rule of law relating to their application or misuse of power. The action shall be open to any party to proceedings before the Boards of Appeal adversely affected by ~~its~~the Commission decision and to any Member State. The General Court shall have jurisdiction to annul or to alter the contested decision.

Amendment 463 #

Proposal for a regulation
Article 30 – paragraph 7

7. The decisions of the ~~Boards~~Commission shall be taken within 6 months after the filing of the notice of Aappeal, and shall take effect only as from the date of expiry of the appeal period or, if an action has been brought before the General Court within that period, as from the date of dismissal of such action or of any appeal filed with the Court of Justice against the decision of the General Court.

Amendment 464 #

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 submission of an application for a geographical indication, the information and alert system shall inform applicants for a geographical indication about the availability of their geographical indication as a domain name, and on an optional basis once a domain name containing an identical or similar name with their geographical indication is registered (domain name alerts). It shall be possible for a producer group to claim a domain name corresponding to the name of a geographical indication. The Office shall provide applicants with support in connection with the procedures enabling them to obtain the rights to the domain name for their geographical indication.

Amendment 465 #

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 ~~submission of an application for a~~registration of the geographical indication, the information and alert system shall inform applicants ~~for~~and right holders of a geographical indication about the availability of their geographical indication as a domain name, and on an optional basis once a domain name containing an identical or similar name with their geographical indication is registered (domain name alerts).

Amendment 466 #

Proposal for a regulation
Article 32 – paragraph 1 – introductory part

1. A Geographical Indications Division, as a department of the Office, shall be responsible for ~~taking~~submitting proposals to the Commission for decisions on behalf of the Office in relation to:

Amendment 467 #

Proposal for a regulation
Article 32 – paragraph 2

2. Opposition and cancellation decision proposals shall be taken by a panel of at least three members. At least one member shall be legally qualified~~. All other decisions of paragraph 1 shall be taken by a single member~~ and at least one member shall be technically qualified.

Amendment 468 #

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~~. All other decisions of paragraph 1 shall be taken by a single member~~ and one shall be an expert in the field.

Amendment 469 #

Proposal for a regulation
Article 32 – paragraph 2

2. Opposition and cancellation decisions shall be taken by a panel of at least three members. At least one member shall be legally qualified~~. All other decisions of paragraph 1 shall be taken by a single member~~ and have appropriate technical knowledge.

Amendment 47 #

Proposal for a regulation
Recital 32

(32) Producer groups play an essential role in the application process for the registration of geographical indications, as well as in the amendment of specifications and cancellation requests. They should be equipped with the necessary means to better identify and market the specific characteristics of their products. The role of the producer group should therefore be clarified. This clarification should include the right to: participate in consultative bodies, exchanging information with public authorities on geographical indication policy-related topics, making recommendations to improve the development of geographical indication policies in particular with regard to sustainability, the fight against fraud and counterfeiting and the right to participate in consultations with the Commission in the run-up to trade negotiations concerning geographical indications of craft and industrial products with third countries.

Amendment 470 #

Proposal for a regulation
Article 33 – paragraph 2 – point c a (new)

(c a) the assessment of the link between the product and its geographical origin;

Amendment 471 #

Proposal for a regulation
Article 33 – paragraph 2 – point d

Amendment 472 #

Proposal for a regulation
Article 33 – paragraph 2 – point d a (new)

(d a) the assessment of the link between the product and the geographical indication territory;

Amendment 473 #

Proposal for a regulation
Article 33 – paragraph 5

5. The Advisory Board shall be composed of at least one representative of each Member State and one representatives of the Commission and their respective alternates. If deemed necessary, recognized expert in the field of geographical indications or of the concerned product, including representatives of regions shall be invited to join the Board on ad hoc basis.

Amendment 474 #

Proposal for a regulation
Article 33 – paragraph 5

Amendment 475 #

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 experts in the field of geographical indications and the product category concerned, including from academia.

Amendment 476 #

Proposal for a regulation
Article 33 – paragraph 5

5. The Advisory Board shall be composed of one representative of each Member State, domain experts and one representatives of the Commission and their respective alternates.

Amendment 477 #

Proposal for a regulation
Article 33 – paragraph 8

8. Procedures concerning the appointment of the members of the Advisory Board and its operation shall be specified in its rules of procedures as approved by the Management Board, shall ensure that no member can find himself or herself in a conflict of interest, and shall be made public.

Amendment 478 #

9. The mandates of members of the Advisory Board shall be up to 5 years. Those mandates may be renew~~abl~~ed once.

Amendment 479 #

Proposal for a regulation
Article 33 – paragraph 9

9. The mandates of members of the Advisory Board shall be up to 5 years. Those mandates may be renewable once.

Amendment 48 #

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. Persons having a legitimate interest in a registered geographical indication should be empowered to request for the revocation or the transfer of the domain name in case the conflicting domain name has been registered by its holder without rights or legitimate interest in the geographical indication or if it has been registered or is being used in bad faith and its use contravenes the protection of a geographical indication. Alternative dispute resolution procedures should not prejudice the possibility of bringing domain name disputes before a national court. In case of conflicts on demain names with non-EU country codes, or with EU country coudes concerning geographical indications originating in third countries, the dispute settlement should be conducted by EUIPO in cooperation with the international dispute settlement systems already in place, such as the ones managed by WIPO and ICANN.

Amendment 480 #

Proposal for a regulation
Article 34 – paragraph 1

In addition to the powers conferred upon it by Article 165 of Regulation (EU) 2017/1001, the Boards of Appeal instituted by that Regulation shall be responsible for ~~deciding~~submitting a proposal to the Commission for a decision on appeals from decisions of the Geographical Indications Division as regards their decisions concerning geographical indications subject to Article 28 of this Regulation.

Amendment 481 #

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, including where those products are parts or components in manufactured products, as well as geographical indications protected by international agreements in the Union, shall be protected against:

Amendment 482 #

Proposal for a regulation
Article 35 – paragraph 1 – introductory part

Amendment 483 #

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 484 #

Proposal for a regulation
Article 35 – paragraph 1 – point b

Amendment 485 #

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, transliterated or accompanied by an expression such as ‘style’, ‘type’, ‘method’, ‘as produced in’, ‘imitation’, ~~‘flavour’~~'fragrance', ‘like’ or similar;

Amendment 486 #

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 or accompanied by an expression such as ‘style’, ‘type’, ‘method’, ‘as produced in’, ‘imitation’, ‘flavour’, 'fragrance', ‘like’ or similar;

Amendment 487 #

Proposal for a regulation
Article 35 – paragraph 1 – point b

Amendment 488 #

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 or applications relating to the products, and the packing of the products in a container liable to convey a false impression as to their origin;

Amendment 489 #

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 or on domain names, and the packing of the products in a container liable to convey a false impression as to their origin;

Amendment 49 #

Proposal for a regulation
Recital 35

(35) In order to avoid creating unfair conditions ~~for~~and distortions of competition, any producer, including a third-country producer, should be able to use a registered geographical indication, provided that the product concerned complies with the requirements of the relevant product specification, or single document or equivalent to the latter i.e. a complete summary of the product specification and clearly specifies the method of controls and checks of conformity with the product specification undertaken. The system set up by the Member States should also guarantee that producers complying with the rules are covered by the verification of compliance of the product specification.

Amendment 490 #

Proposal for a regulation
Article 35 – paragraph 1 a (new)

1 a. The Provisions of paragraph (1) shall also apply where the protected products are parts or components of manufactured products.

Amendment 491 #

Proposal for a regulation
Article 35 – paragraph 2

Amendment 492 #

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 493 #

Proposal for a regulation
Article 35 – paragraph 5

5. The producer group, the geographical indication holder or any producer that is entitled to use the protected geographical indication shall be entitled to prevent all third parties from bringing goods, in the course of trade, into the Union without being released for free circulation there, where such goods, including packaging, come from third countries and are contrary to paragraph 1.

Amendment 494 #

Proposal for a regulation
Article 35 – paragraph 5

5. The producer group, the holder of the registration, or any producer that is entitled to use the protected geographical indication shall be entitled to prevent all third parties from bringing goods, in the course of trade, into the Union without being released for free circulation there, where such goods, including packaging, come from third countries and are contrary to paragraph 1.

Amendment 495 #

Proposal for a regulation
Article 35 – paragraph 5

Amendment 496 #

Proposal for a regulation
Article 36 – paragraph 1

Amendment 497 #

Proposal for a regulation
Article 36 – paragraph 1

Amendment 498 #

Proposal for a regulation
Article 37

Amendment 499 #

Proposal for a regulation
Article 37

Amendment 50 #

Proposal for a regulation
Recital 35

Amendment 500 #

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 501 #

Proposal for a regulation
Article 37 – paragraph 2

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) the relevant Union or national legal acts.deleted

Amendment 502 #

Proposal for a regulation
Article 39

Amendment 503 #

Proposal for a regulation
Article 39

Amendment 504 #

Proposal for a regulation
Article 39

Amendment 505 #

Proposal for a regulation
Article 39

Trade marks 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.Article 39 deleted

Amendment 506 #

Proposal for a regulation
Article 39 – title

TPre-existing trade marks

Amendment 507 #

Proposal for a regulation
Article 40 – paragraph 1

Amendment 508 #

Proposal for a regulation
Article 40 – paragraph 1

1. Member States and, where applicable, the Office 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 509 #

Proposal for a regulation
Article 40 – paragraph 1

Amendment 51 #

Proposal for a regulation
Recital 37

(37) The symbols, indications and abbreviations identifying a registered geographical indication, and the rights therein pertaining to the Union, should be protected in the Union as well as in third countries with the aim of ensuring that they are used on genuine products and that consumers are not misled as to the qualities of products. National, regional or local administrations should assist producer groups to raise awareness about their geographical indications, as well as through the tourist offices for visitors to know the geographical indications of the region they are visiting.

Amendment 510 #

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 511 #

Proposal for a regulation
Article 40 – paragraph 2 – point b

Amendment 512 #

Proposal for a regulation
Article 40 – paragraph 2 – point c

Amendment 513 #

Proposal for a regulation
Article 40 – paragraph 2 – point d – point iii

(iii) carrying out analyses into the economic and ecological performance, sustainability of production, and technical characteristics of the product designated by the geographical indication;

Amendment 514 #

Proposal for a regulation
Article 40 – paragraph 2 – point d – point v

Amendment 515 #

(v) providing advice and training to current and future producers~~, including on gender mainstreaming and equality~~; and

Amendment 516 #

Proposal for a regulation
Article 41 – paragraph 1

Amendment 517 #

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 518 #

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) 2015/243632of 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

Amendment 519 #

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) 2015/243632of 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

Amendment 52 #

Proposal for a regulation
Recital 38

(38) The ~~use of~~ Union symbols and indications must feature on the packaging of craft and industrial products designated by a geographical indication ~~should be recommended~~, as well as on online shops, 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. The use of such symbols or indications should remain voluntary for third-country geographical indications.

Amendment 520 #

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,~~ or protected within the territory of the Union 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~~until the expiry of the trade mark registration, 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. After the expiry of the trade mark registration, products so labelled may be marketed until the stocks are exhausted. _________________ 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).

Amendment 521 #

Proposal for a regulation
Article 43 – paragraph 1

Amendment 522 #

Proposal for a regulation
Article 43 – paragraph 1

1. A registered geographical indication may be used by any producer, geographical indication holder or operator marketing a product conforming to the corresponding product specification ~~or to a single document or an equivalent to the latter~~.

Amendment 523 #

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 ~~may~~shall appear on the labelling, on the on- line sales site concerned and on advertising material. The geographical indication shall be in the same field of vision as the Union symbol.

Amendment 524 #

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 ~~may~~shall appear on the labelling and advertising material or communication materials. The geographical indication shall be in the same field of vision as the Union symbol.

Amendment 525 #

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 ~~may~~shall appear on the labelling and advertising material. The name of the geographical indication shall be in the same field of vision as the Union symbol.

Amendment 526 #

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 ~~may~~shall appear on the labelling and advertising material. The geographical indication shall be in the same field of vision as the Union symbol.

Amendment 527 #

Proposal for a regulation
Article 44 – paragraph 3

Amendment 528 #

Proposal for a regulation
Article 44 – paragraph 3

3. The abbreviation ‘PGI’ corresponding to the indication ‘protected geographical indication’ ~~may~~shall appear on the labelling of products and advertising material designated by a geographical indication of craft and industrial products.

Amendment 529 #

Proposal for a regulation
Article 44 – paragraph 4

Amendment 53 #

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 is~~hould 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. The use of such symbols or indications should remain voluntary for third-country geographical indications.

Amendment 530 #

Proposal for a regulation
Article 44 – paragraph 5

Amendment 531 #

Proposal for a regulation
Article 44 – paragraph 5

Amendment 532 #

Proposal for a regulation
Article 44 – paragraph 5

Amendment 533 #

Proposal for a regulation
Article 44 – paragraph 6

Amendment 534 #

Proposal for a regulation
Article 44 – paragraph 6

Amendment 535 #

Proposal for a regulation
Article 44 – paragraph 7

~~7. Where an application is rejected, any products labelled in accordance with paragraph 4 may be marketed until the stocks are exhausted.~~deleted

Amendment 536 #

Proposal for a regulation
Article 44 – paragraph 7

~~7. Where an application is rejected, any products labelled in accordance with paragraph 4 may be marketed until the stocks are exhausted.~~deleted

Amendment 537 #

Proposal for a regulation
Article 44 – paragraph 7

~~7. Where an application is rejected, any products labelled in accordance with paragraph 4 may be marketed until the stocks are exhausted.~~deleted

Amendment 538 #

Proposal for a regulation
Article 44 – paragraph 8 – introductory part

8. TIn order not to mislead the reasonably cautious consumer as to the origin of the products, the following ~~may~~shall also appear on the labelling:

Amendment 539 #

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; ~~and~~

Amendment 54 #

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. The controls and checks should not only relate to the end product but also associate with the entire process of product development, including the inputs used and the working methods. A summary of the controls and checks undertaken should be made publicly available, as only transparent and traceable data and honest practices would contribute to the preservation of consumer trust, especially in the aftermath of the COVID-19 crisis which significantly enhanced the consumer demand for locally made craft and industrial products, but also increased the awareness with respect to their quality.

Amendment 540 #

Proposal for a regulation
Article 44 – paragraph 8 – point b

Amendment 541 #

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 542 #

Proposal for a regulation
Article 44 – paragraph 9

Amendment 543 #

Proposal for a regulation
Article 45 – paragraph 1 – point b

(b) monitoring of the use of geographical indications in the marketplace, with a view, in particular, to combating unfair commercial practices, including electronic commerce.

Amendment 544 #

Proposal for a regulation
Article 45 – paragraph 1 – point b

(b) monitoring of the use of geographical indications in the marketplace, including on websites and applications accessible from the Union.

Amendment 545 #

Proposal for a regulation
Article 45 – paragraph 2

2. Competent authorities referred to in paragraph 1 shall be transparent, objective and impartial, and shall have at their disposal the qualified staff and resources necessary to carry out their functions.

Amendment 546 #

Proposal for a regulation
Article 46 – paragraph 4

4. In respect of geographical indications that designate products originating in a third country, the verification of compliance with the specifications before placing the product on the market shall be carried out by : (a) a public competent authority designated by the third country; or (b) one or more product certification bodies.deleted

Amendment 547 #

Proposal for a regulation
Article 46 – paragraph 4 – subparagraph 1 (new)

The Commission shall be empowered to adopt delegated acts to define the modalities of such administrative cooperation with third-country authorities to ensure an equivalent level of verification of compliance of geographical indications on products originating in the EU.

Amendment 548 #

Proposal for a regulation
Article 46 – paragraph 6

Amendment 549 #

Proposal for a regulation
Article 46 – paragraph 6

Amendment 55 #

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, for both products originating in the EU and in third countries, is accompanied by effective verification and controls, including the producer’s due diligence.

Amendment 550 #

Proposal for a regulation
Article 46 – paragraph 6 a (new)

6 a. Member States shall draw up and keep up to date a list of producers of products designated by a geographical indication entered in the Union register originating in their territory.

Amendment 551 #

Proposal for a regulation
Article 48 – paragraph 1

Amendment 552 #

Proposal for a regulation
Article 48 – paragraph 2

Amendment 553 #

Proposal for a regulation
Article 48 – paragraph 2

2. The enforcement authority shall regularly 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 or an equivalent to the latter.

Amendment 554 #

Proposal for a regulation
Article 48 – paragraph 2

Amendment 555 #

Proposal for a regulation
Article 48 – paragraph 3

3. Member States shall take appropriate administrative and judicial steps to prevent or stop the use of names on products or services that are produced, operated or marketed physically or via the internet in their territory and that contravenes the protection of geographical indications provided for in Articles 35 and 36.

Amendment 556 #

Proposal for a regulation
Article 48 – paragraph 5

Amendment 557 #

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 market~~pla~~ in the event of repeated infringements by a producer. Such fees shall not exceed the costs incurred for performing the control on a given producer.

Amendment 558 #

Proposal for a regulation
Article 48 – paragraph 5 – subparagraph 1 (new)

As provided for in Article 47(c), the 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 groups, the authorities are required to indicate the stage reached by the procedure initiated by the notification in question.

Amendment 559 #

Proposal for a regulation
Article 48 – paragraph 5 a (new)

5 a. 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 56 #

Proposal for a regulation
Recital 40

Amendment 560 #

Proposal for a regulation
Article 49 – title

49 Self-declaration ~~certification~~ procedure

Amendment 561 #

Proposal for a regulation
Article 49 – paragraph 1

1. Without prejudice to Article 46, Member States may allow a self- declaration for the verification of compliance with the product specification. The producer shall submit such self- declaration to the competent authorities referred to in Article 45(1).deleted

Amendment 562 #

Proposal for a regulation
Article 49 – paragraph 2

2. Member States may allow producers to submit a self-declaration once every 3 years to the competent authorities to ensure their continuous conformity with the product specification in the marketplace. Where the product specification is amended or changed in a way that affects the concerned product, the self-declaration shall be renewed immediately.deleted

Amendment 563 #

Proposal for a regulation
Article 49 – paragraph 3

Amendment 564 #

Proposal for a regulation
Article 49 – paragraph 3

3. Where self-declarations are used competent authorities shall carry out ~~random~~a control within three months. In the event of breaches, Member States shall take all necessary measures to remedy the situation and, if a breach proves to be intentional, the producer concerned may no longer make use of self-declarations.

Amendment 565 #

Proposal for a regulation
Article 49 – paragraph 3

3. Where self-declarations are used competent authorities shall carry out random controls. In the event of breaches, Member States shall take all necessary measures to remedy the situation, including penalties.

Amendment 566 #

Proposal for a regulation
Article 49 – paragraph 4

~~4. The self-declaration shall follow the structure set out in Annex 1 and shall contain all the information and requirements specified in that Annex.~~deleted

Amendment 567 #

Proposal for a regulation
Article 49 – paragraph 5

~~5. The Commission shall be empowered to adopt~~ delegated ~~acts in accordance with Article 66, amending this Regulation and introducing, where relevant, modifications to the information and requirements specified in Annex 1.~~

Amendment 568 #

Proposal for a regulation
Article 50 – paragraph 1

1. Competent authorities may delegate official control tasks to one or more product certification bodies including natural persons. The competent authority shall ensure that the delegated product certification body or natural person, to which such tasks have been delegated, have the knowledge, the expertise, the infrastructure, and the powers needed to effectively perform these tasks.

Amendment 569 #

Proposal for a regulation
Article 50 – paragraph 1

1. Competent authorities may delegate official control tasks to one or more product certification bodies including natural persons. The competent authority shall ensure that the delegated product certification body or natural person, to which such tasks have been delegated, have the powers and the expertise needed to effectively perform these tasks.

Amendment 57 #

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. Member States should be free to establish a third-party verification system operated by the competent authorities, and the product certification bodies, to which those authorities delegate certain official control tasks or a verification system based on a producer’ s self-declaration. The self- declaration should be submitted to the competent authorities assuring conformity with the product specification. Self- declaration should be subject to control by the competent authorities within a maximum of 3 months.

Amendment 570 #

Proposal for a regulation
Article 50 – paragraph 2 – point b – introductory part

(b) the delegated product certification body or the tasked natural person:

Amendment 571 #

Proposal for a regulation
Article 50 – paragraph 2 – point b – point i

(i) is to have the expertise, equipment and infrastructure required to perform the official control tasks delegated to ithem, including for company accounting;

Amendment 572 #

Proposal for a regulation
Article 50 – paragraph 2 – point b – point iii

(iii) is to be transparent, impartial 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 573 #

Proposal for a regulation
Article 50 – paragraph 2 – point b – point iii

(iii) is to be impartial 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~~their professional conduct as regards the performance of those official control tasks delegated to ithem; and

Amendment 574 #

Proposal for a regulation
Article 50 – paragraph 2 – point b – point iv

(iv) is to have sufficient powers to perform the official control tasks delegated to ithem; and

Amendment 575 #

Proposal for a regulation
Article 50 – paragraph 2 – point c

~~(c) where the official control task are~~ delegated to natural persons, those natural persons: (i) are to have the expertise, equipment and infrastructure required to perform those official control tasks delegated to them; (ii) are to be suitably qualified and experienced; (iii) are to act impartially and are to be free from any conflict of interest as regards the exercise of those official control tasks delegated to them; and

Amendment 576 #

Proposal for a regulation
Article 50 – paragraph 2 – point c – point iii

(iii) are to act impartially, in a transparent manner, and are to be free from any conflict of interest as regards the exercise of those official control tasks delegated to them; and

Amendment 577 #

Proposal for a regulation
Article 53 – paragraph 1

1. Member States shall make public the names and ~~addresse~~contacts of the designated competent authorities and delegated product certification bodies including natural persons referred to in Article 46(3) and keep that information up-to-date.

Amendment 578 #

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 natural persons referred to in Article 46(3)and update that information periodically.

Amendment 579 #

Proposal for a regulation
Article 53 – paragraph 2

2. The Office shall make public the names and ~~addresse~~contacts of the competent authorities and product certification bodies referred to in Article 46(4) and update that information periodically.

Amendment 58 #

Proposal for a regulation
Recital 42

(42) To guarantee compliance with the product specification after the product has been put up for sale on the market, the competent authorities should perform official controls in the marketplace on a risk analysis and with appropriate frequency considering the likelihood of non-compliances including fraudulent or deceptive practices. The performance of such controls should not be conducted less than once a year, and it should also consider including sporadic controls irrespective of the computed risk analysis.

Amendment 580 #

Proposal for a regulation
Article 53 – paragraph 3

Amendment 581 #

Proposal for a regulation
Article 55 – title

Orders to act against illegal online content

Amendment 582 #

Proposal for a regulation
Article 58 – paragraph 1

1. A producer whose product, following the verification of compliance referred to in Article 46, is found to comply with the product specification of a geographical indication protected under this Regulation or that has, if applicable in the Member State concerned, properly submitted a self-declaration to the competent authority, shall be entitled to an official certificate, or other proof of certification, of eligibility to produce the product designated by the geographical indication concerned in respect of the production steps performed by the said producer.

Amendment 583 #

Proposal for a regulation
Article 60 – paragraph 1 – point 7 – point b

Regulation (EU) 2019/1753
Article 7 – paragraph 2

Amendment 584 #

Proposal for a regulation
Article 60 – paragraph 1 – point 7 – point e Regulation (EU) 2019/1753

5a. In respect of craft and industrial geographical indications concerning the protection of which a previous refusal has been notified by the Office, the Office may, on its own initiative or following a duly substantiated request by a Member State, a third country concerned pursuant to Article 17(4) of Regulation (EU) 2022/... or a natural or legal person having a legitimate interest, withdraw, in whole or in part, a refusal previously notified to the International Bureau.;

Amendment 585 #

Proposal for a regulation
Article 60 – paragraph 1 – point 9

Regulation (EU) 2019/1753
Article 9 – paragraph 1

— 1. The Commission or, in respect of craft and industrial geographical indications, the Office may, on its own initiative or following a duly substantiated request by a Member State, a third country concerned pursuant to Article 17(4) of Regulation (EU) 2022/... or a natural or legal person having a legitimate interest, invalidate, in whole or in part the effects of protection in the Union of a geographical indication, in one or more of the following circumstances:

Amendment 586 #

Proposal for a regulation
Article 61 – paragraph 1 – point 2

Regulation (EU) 2017/1001
Article 170a – 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 submission of an application for a~~n EU trade mark~~ geographical indication, that information and alert system shall inform applicants ~~for an EU trade mark~~ about the availability of their ~~mark~~indication as a domain name, and applicants for and proprietors of a~~n EU trade mark~~ geographical indication on an optional basis once a domain name containing an identical or similar name with their ~~mark~~indication is registered (domain name alerts).

Amendment 587 #

Proposal for a regulation
Title VI

~~VI TECHNICAL ASSISTANCE 62 Technical assistance of the Office The Commission shall be empowered to adopt~~ delegated acts supplementing this Regulation by rules on entrusting the Office with the examination and other administrative tasks concerning third country geographical indications for craft and industrial products, other than geographical indications under the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications, proposed for protection pursuant to international negotiations or international agreements.

Amendment 588 #

Proposal for a regulation
Article 62 – paragraph 1

~~The Commission shall be empowered to adopt~~ delegated acts supplementing this Regulation by rules on entrusting the Office with the examination and other administrative tasks concerning third country geographical indications for craft and industrial products, other than geographical indications under the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications, proposed for protection pursuant to international negotiations or international agreements.

Amendment 589 #

Proposal for a regulation
Article 62 – paragraph 1 – subparagraph 1 (new)

All geographical indications originating in third countries and registered or recognised in the EU should be backed-up by an equivalent level of verification of compliance and scrutiny to the level applicable to products originating in the EU, regardless of the specific process that has been followed to register or recognise them in the EU. To that end, EUIPO shall cooperate with its non-EU counterparts along the modalities determined under the delegation of powers provided by Article 46(4) second subparagraph.

Amendment 59 #

Proposal for a regulation
Recital 42

(42) To guarantee compliance with the product specification after the product has been put on the market, competent authorities should perform official controls in the market, in person and on online shops including marketplaces, on a risk analysis and with appropriate frequency considering the likelihood of non- compliances including fraudulent or deceptive practices.

Amendment 590 #

Proposal for a regulation
Article 64 – paragraph 1 – subparagraph 1 (new)

The Office shall make that digital system 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 591 #

Proposal for a regulation
Article 64 – paragraph 1 a (new)

The IT system shall be managed according to the obligations pertaining to personal data provided in Regulation (EU) 2016/679 and Regulation (EU) No 2018/1725.

Amendment 592 #

Proposal for a regulation
Article 67 – paragraph 3

Amendment 593 #

Proposal for a regulation
Annex I

~~[...]~~deleted

Amendment 60 #

Proposal for a regulation
Recital 43

(43) Enforcement of geographical indications in the marketplace is important to prevent fraudulent and deceptive practices thus ensuring that the producers of products designated by a geographical indication are properly rewarded for the added value of their products bearing a geographical indication and that illegal users of those geographical indications are prevented from selling their products. Therefore, apart from controls concerning the producers, Member States should also take appropriate administrative and judicial steps to prevent or stop the use of names on products or services that contravene the protected geographical indications, where such products are produced, marketed or such services are marketed, in their territory or online. For the purposes of enforcing geographical indications, measures, procedures and remedies set out in Directive 2004/48/EC17 of the European Parliament and of the Council are available as they are applicable to any infringement of intellectual property rights. _________________ 17 Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights.

Amendment 61 #

Proposal for a regulation
Recital 45

Amendment 62 #

Proposal for a regulation
Recital 46

(46) Where a self-declaration certification procedure is in place, competent authorities should carry out ~~random~~ controls within 3 months after certification.

Amendment 63 #

Proposal for a regulation
Recital 52

(52) In order to strengthen geographical indication protection and to combat counterfeiting more effectively, the protection of geographical indications should apply to both, the offline and online environment including domain names on the internet. Intermediary services, in particular online platforms have become increasingly used for the sale of products, including those designated by geographical indications, and in some cases online platforms might represent an important space as regards preventing fraud. In this regard, information related to the advertising, promotion and sale of goods that contravenes the protection of geographical indications provided for in Article 35, should be considered illegal content within the meaning of Article 2 (g) of Regulation (EU) No xxxx/202219 of the European Parliament and of the Council and be subject of obligations and measures under that Regulation. National and, where applicable, regional or local administrations should introduce this information accordingly and assist, teach and incentivise the private online platforms _________________ 19 Regulation of the European Parliament and of the Council on a Single Market For Digital Services (DSA) and amending Directive 2000/31/EC.

Amendment 64 #

Nicolae ŞTEFĂNUȚĂ, Marie-Pierre VEDRENNE, Dita CHARANZOVÁ

Proposal for a regulation
Recital 52 a (new)

(52 a) In its efforts to build a sustainable and resilient legal framework for a European single digital market where the level-playing field is ensured for all small and medium size enterprises (SMEs), the Union has provided itself with acts such as Regulation(EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC(Digital Services Act)and Regulation XXX/XXX on contestable and fair markets in the digital sector (Digital Markets Act). When it comes to geographical indications, stakeholders that do not depend on public administrations but that seek to raise awareness and provide services for producer groups or other stakeholders related to geographical indications should be able to do so. Forthat reason, the Commission, Member States and, where applicable, regional and local administrations should assist this SMEs in order to create a market of information providers for producer groups, geographical indications and other related activities.

Amendment 65 #

Proposal for a regulation
Recital 53

(53) Taking into account that a product designated by the geographical indication produced in one Member State might be sold in another Member State, administrative assistance between Member States should be ensured to allow effective controls and its practicalities should be laid down. A registry of all EU Member States competent authorities nominated for administrative assistance should be drafted and made easily accessible to each national or regional point of contact for better inter-state cooperation to effectively exploit the benefits of a EU-wide geographical indication scheme.

Amendment 66 #

Massimiliano SALINI, Christophe HANSEN, Iuliu WINKLER, Gabriel MATO, Juan Ignacio ZOIDO ÁLVAREZ

Proposal for a regulation
Article 2 – paragraph 1

1. This Regulation applies to ~~craft and industri~~non- agricultural products listed under the combined nomenclature set out in Annex I to Council Regulation (EEC) No 2658/8724with the exclusion of agricultural products protected by Reg. no. 2019/787, Reg. no. 1308/2013 e Reg. no. 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 67 #

Massimiliano SALINI, Christophe HANSEN, Iuliu WINKLER, Gabriel MATO, Juan Ignacio ZOIDO ÁLVAREZ

Proposal for a regulation
Article 2 – paragraph 1

1. This Regulation only applies to craft and industrial products listed under the combined nomenclature set out in Annex I to Council Regulation (EEC) No 2658/8724 ~~_________________ 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)~~, and hence excludes agrifood products.

Amendment 68 #

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

Amendment 69 #

Massimiliano SALINI, Christophe HANSEN, Iuliu WINKLER, Gabriel MATO, Juan Ignacio ZOIDO ÁLVAREZ

Proposal for a regulation
Article 3 – paragraph 1 – point a

(a) ‘craft products’ means products ~~produced either totally~~made 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~~or digitized means, or whose design activity makes use of design tools, including those of a digital nature, under the direct supervision of the business owner (from design to manufacture);

Amendment 70 #

Proposal for a regulation
Article 3 – paragraph 1 – point a

(a) ‘craft products’ means products produced either ~~total~~mainly by hand or with the aid of manual tools or by mechanical means, w~~henever the~~ ith a direct and indirect manual contribution, where know-how is the most important component of the finished product;

Amendment 71 #

Massimiliano SALINI, Christophe HANSEN, Iuliu WINKLER, Gabriel MATO, Juan Ignacio ZOIDO ÁLVAREZ, Arnaud DANJEAN

Proposal for a regulation
Article 3 – paragraph 1 – point d

(d) ‘p'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 72 #

Proposal for a regulation
Article 3 – paragraph 1 – point e

(e) ‘production step’ means any stage of production, processing or preparation, as illustrated in the product specification, up to the point, where the product is in a form to be placed on the internal market;

Amendment 73 #

Massimiliano SALINI, Christophe HANSEN, Iuliu WINKLER, Gabriel MATO, Juan Ignacio ZOIDO ÁLVAREZ, Arnaud DANJEAN

Proposal for a regulation
Article 3 – paragraph 1 – point e

(e) ‘'production step’' means : ‘any stage of production, processing or preparation covered by the product specification, up to the point, where the product is in a form to be placed on the internal market;

Amendment 74 #

Proposal for a regulation
Article 3 – paragraph 1 – point g

(g) 'producer' means an operator engaged in ~~any~~one or more production steps of a product the name of which is protected as a geographical indication, including elaboration or processing activities, covered by the product specification;

Amendment 75 #

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 development activities, covered by the product specification;

Amendment 76 #

Massimiliano SALINI

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 of the process is defined under the product specification, as 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 77 #

Proposal for a regulation
Article 5 – paragraph 1 – point c

Amendment 78 #

Marie-Pierre VEDRENNE, Nicolae ŞTEFĂNUȚĂ

Proposal for a regulation
Article 5 – paragraph 1 – point c

Amendment 79 #

Marie-Pierre VEDRENNE

Proposal for a regulation
Article 5 – paragraph 1 – point c

Amendment 80 #

Proposal for a regulation
Article 5 – paragraph 1 – point c a (new)

(c a) all imported products that will be part of the assembly of the final product must offer a guarantee that they have been produced in a sustainable way.

Amendment 81 #

Proposal for a regulation
Article 6 – paragraph 1

1. Applications for the registration of geographical indications shall only be submitted by a producer group of a product (‘applicant producer group’), the name of which is proposed for registration. RAt the request of the producer group, regional or local public entities ~~may~~shall help in the preparation of the application and in the related procedure.

Amendment 82 #

Massimiliano SALINI, Christophe HANSEN, Iuliu WINKLER, Gabriel MATO, Juan Ignacio ZOIDO ÁLVAREZ

Proposal for a regulation
Article 6 – paragraph 1

1. Applications for the registration of geographical indications shall only be submitted by a producer group of a product (‘applicant producer group’), the name of which is proposed for registration. Regional or local public entities ~~may help~~shall help and incentivise in the preparation of the application and in the related procedure.

Amendment 83 #

Proposal for a regulation
Article 6 – paragraph 2

Amendment 84 #

Proposal for a regulation
Article 6 – paragraph 2

Amendment 85 #

Proposal for a regulation
Article 6 – paragraph 3 – introductory part

3. A single producer ~~may~~shall be deemed to be an applicant producer group for the purposes of this Title, where both of the following conditions are fulfilled:

Amendment 86 #

Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1 (new)

The Commission shall put in place and maintain an on-line system to enable easy access by consumers to the product specifications behind each geographical indication originating in the EU or in third countries, including geographical indications recognised via trade agreements and under the Geneva Act.

Amendment 87 #

Proposal for a regulation
Article 8 – paragraph 1 – point a – point ii

(ii) a description of the product, including, where appropriate, specific rules concerning packaging and labelling, and the main steps of the production process;

Amendment 88 #

Proposal for a regulation
Article 8 – paragraph 1 – point a – point iii a (new)

(iiia) the principal production stages

Amendment 89 #

Proposal for a regulation
Article 8 – paragraph 1 – point b a (new)

(b a) where applicable, where a micro or small enterprise is not able to do this procedure, the regional or local authority shall assist it in filling in the single document.

Amendment 90 #

Proposal for a regulation
Article 8 – paragraph 1 a (new)

1a. Where the applicant is a micro, small or medium-sized enterprise, or a producer group composed solely of such enterprises, the competent authorities at national level should help draw up the single document, relying in particular on the information provided in the product specification.

Amendment 91 #

Proposal for a regulation
Article 9 – paragraph 2

Amendment 92 #

Nicolae ŞTEFĂNUȚĂ, Dita CHARANZOVÁ

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 take into account the situation of micro, small and medium-sized enterprises (MSMEs). The fee should be lower for MSMEs to avoid putting them off the registration procedure because of the cost.

Amendment 93 #

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 sh~~all take into account the situation of~~ould charge lower fees for micro, small and medium- sized enterprises (MSMEs).

Amendment 94 #

Proposal for a regulation
Article 10 – paragraph 4

Amendment 95 #

Proposal for a regulation
Article 15 – paragraph 1 – introductory part

1. ~~By way of derogation from Article 11, the Commission shall be empowered to exempt a Member State~~A Member State may opt out from the obligation to designate a competent authority in accordance with Article 11(1) and to handle the management of the applications of geographical indications for craft and industrial products at national level, if the Member State~~, by 6 months from the date of entry into force of this Regulation, provides the Commission with evidence that shows that the following conditions are met~~ shall inform the Commission of its decision to opt for the direct procedure:

Amendment 96 #

Proposal for a regulation
Article 15 – paragraph 1 – point a

~~(a) the Member State concerned does not have a national sui generis system in place for the management of geographical indications for craft and industrial products; an~~deleted

Amendment 97 #

Proposal for a regulation
Article 15 – paragraph 1 – point b

Amendment 98 #

Proposal for a regulation
Article 15 – paragraph 2

~~2. The Commission may request further information from the Member State before adopting a Commission Decision on the derogation referred in paragraph 1.~~deleted

Amendment 99 #