33 Amendments of Brando BENIFEI related to 2022/0115(COD)
Amendment 158 #
Proposal for a regulation
Article 1 a (new)
Article 1 a (new)
Amendment 161 #
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Regulation applies to craft and industrinon- agricultural products listed under the combined nomenclature set out in Annex I to Council Regulation (EEC) No 2658/8724, with the exception of agri-food products protected by Regulations (EU) Nos 2019/787, 1308/2013 and 1151/2012 of the European Parliament and of the Council. __________________ 24 Council Regulation (EEC) N0 2685/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff Regulation (OJ L 256, 7.9.1987 p.1)
Amendment 167 #
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) ‘craftnon-agricultural products’ means all products produced either totally by hand or with the aid of manual tools or by mechanical means, whenever the direct manual contribution is the most important component of the finished productother 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 171 #
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
Amendment 174 #
Proposal for a regulation
Article 3 – paragraph 1 – point d
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 177 #
Proposal for a regulation
Article 3 – paragraph 1 – point e
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 188 #
Proposal for a regulation
Article 3 – paragraph 1 – point i
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 195 #
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) The product originates in a specific place, region orgiven place, a well-defined area that is known to the public or a specific country;
Amendment 197 #
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) at least one of the qualifying production steps of the product takes place in the defined geographical area. The qualifying stage, as defined under the product specification, means 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 206 #
Proposal for a regulation
Article 6 – paragraph 3 – point b
Article 6 – paragraph 3 – point b
Amendment 207 #
Proposal for a regulation
Article 6 – paragraph 3 a (new)
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 212 #
Proposal for a regulation
Article 7 – paragraph 1 – point a
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 219 #
Proposal for a regulation
Article 7 – paragraph 1 – point h a (new)
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 223 #
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1a. Product specification shall contain objective and non-discriminatory elements only.
Amendment 226 #
Proposal for a regulation
Article 8 – paragraph 1 – point a – point i a (new)
Article 8 – paragraph 1 – point a – point i a (new)
(ia) the type of product;
Amendment 230 #
Proposal for a regulation
Article 8 – paragraph 1 – point a – point iii a (new)
Article 8 – paragraph 1 – point a – point iii a (new)
(iiia) the main steps of production;
Amendment 254 #
Proposal for a regulation
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2a. The competent authority shall establish an objective and impartial report after the national opposition period.
Amendment 278 #
Proposal for a regulation
Article 19 – paragraph 1 – point a a (new)
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 298 #
Proposal for a regulation
Article 26 – paragraph 3 – point b
Article 26 – paragraph 3 – point b
(b) the class of thetype of product;
Amendment 299 #
Proposal for a regulation
Article 26 – paragraph 7
Article 26 – paragraph 7
7. The Office shall retain documentation related to the registration of a geographical indication in digital or paper form for the period of validity of the geographical indication, and in case of cancellation or refusal for 10 years thereafter.
Amendment 303 #
Proposal for a regulation
Article 28 – paragraph 1
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 317 #
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. Opposition and cancellation decisionsAll 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 #
Proposal for a regulation
Article 32 – paragraph 2
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 dtecisions of paragraph 1 shall be taken by a single memberhnically qualified.
Amendment 319 #
Proposal for a regulation
Article 33 – paragraph 1
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 321 #
Proposal for a regulation
Article 33 – paragraph 2 – point d a (new)
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 323 #
Proposal for a regulation
Article 33 – paragraph 5
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 325 #
Proposal for a regulation
Article 35 – paragraph 1 – introductory part
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 327 #
Proposal for a regulation
Article 35 – paragraph 1 – point a
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 330 #
Proposal for a regulation
Article 35 – paragraph 1 – point b
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’, ‘flavourragrance’, ‘like’ or similar, including where those products are parts or components in manufactured products;
Amendment 333 #
Proposal for a regulation
Article 35 – paragraph 1 – point c
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 346 #
Proposal for a regulation
Article 40 – paragraph 1
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 350 #
Proposal for a regulation
Article 40 – paragraph 2 – point a
Article 40 – paragraph 2 – point a
(a) develop, modify the product specification and manage internal controls that ensure compliance of production steps of product designated by the geographical indication with that specification;
Amendment 351 #
Proposal for a regulation
Article 40 – paragraph 2 – point b
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;