Activities of Clara AGUILERA related to 2022/0089(COD)
Plenary speeches (2)
Geographical Indications for wine, spirit drinks and agricultural products (debate)
Geographical Indications for wine, spirit drinks and agricultural products (debate)
Amendments (74)
Amendment 124 #
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on European Union geographical indicationquality schemes for wine, spirit drinks and agricultural products, and quality schemes for agricultural products, amending Regulations (EU) No 1308/2013, (EU) 2017/1001 and (EU) 2019/787 and repealing Regulation (EU) No 1151/2012
Amendment 212 #
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) gProtected Designations of Origin (PDO) and Protected Geographical iIndications (PGI) for wine, spirit drinks and agricultural products.agricultural products and foodstuffs and Geographical Indications of spirit drinks;
Amendment 216 #
Proposal for a regulation
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) tTraditional sSpecialities gGuaranteed (TSG) and optional quality terms for agricultural products.
Amendment 220 #
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) ‘applicant producer group’ means any association, irrespective of its legal form, mainly composed of producers or processors of the same product that holds or will hold the Geographical Indication;
Amendment 228 #
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) ‘traditional’ and ‘tradition’, associated with a product originating in a geographical area, means proven its historical usage by producers in a community for a period that allows transmission between generations; this period is to be at least 30 years and the said usage may embrace modifications necessitated by changingto adapt hygiene and safety practices; this definition does not apply for the purposes of Title III of this Regulation;
Amendment 239 #
Proposal for a regulation
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) ‘production step’ means any stage of production, processing, preparation or ageing, up to the point where tactivity from the procurement of raw materials to the obtention of a finished product ias in a form to be placdefined oin the internal marketits specification;
Amendment 245 #
Proposal for a regulation
Article 2 – paragraph 1 – point i a (new)
Article 2 – paragraph 1 – point i a (new)
(ia) geographical indication’, unless otherwise stated, means designations of origin and geographical indications of wine, as defined in Article 93 of Regulation (EU) No 1308/2013, designations of origin and geographical indications of agricultural products, as defined in Article 48of this Regulation and geographical indications of spirit drinks, as defined in Article 3(4) of Regulation (EU) 2019/787, that are applied for or entered in the Union register of geographical indications referred to in Article 23
Amendment 246 #
Proposal for a regulation
Article 2 – paragraph 1 – point i b (new)
Article 2 – paragraph 1 – point i b (new)
(ib) ‘wine’ means the products referred to in Part II, points 1, 3 to 6, 8, 9, 11, 15 and 16 of Annex VII to Regulation (EU) No 1308/2013;
Amendment 247 #
Proposal for a regulation
Article 2 – paragraph 1 – point i c (new)
Article 2 – paragraph 1 – point i c (new)
Amendment 248 #
Proposal for a regulation
Article 2 – paragraph 1 – point i d (new)
Article 2 – paragraph 1 – point i d (new)
(id) ‘agricultural products’ means products referred to in Article 5(1) excluding wine and spirit drinks;
Amendment 249 #
Proposal for a regulation
Article 2 – paragraph 1 – point i e (new)
Article 2 – paragraph 1 – point i e (new)
(ie) ‘combined nomenclature’ means the goods nomenclature established by Article 1 of Regulation (EEC) No 2658/87;
Amendment 250 #
Proposal for a regulation
Article 2 – paragraph 1 – point i f (new)
Article 2 – paragraph 1 – point i f (new)
(if) ‘recognised producer group’ means a formal association having legal personality and recognised by the competent national authorities as the sole group to act on behalf of all producers;
Amendment 251 #
Proposal for a regulation
Article 2 – paragraph 1 – point i g (new)
Article 2 – paragraph 1 – point i g (new)
(ig) ‘producer’ means an operator engaged in any production step of a product protected by a geographical indication, covered by the product specification;
Amendment 264 #
Proposal for a regulation
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) that consumers receive reliable information and a guarantee of authenticity of the quality, reputation or other characteristics linked to the place of production of such products and can readily identify them in the marketplace including in the domain name system and in electronic commerce;
Amendment 268 #
Proposal for a regulation
Article 4 – paragraph 1 – point e
Article 4 – paragraph 1 – point e
(e) effective enforcement and marketing throughout the Unionness of controls on compliance with the product specification and on the use of the registered name throughout the Union and in the domain system and in electronic commerce ensuring the integrity of the internal market.
Amendment 274 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. This Title covers wine, spirit drinks and agricultural products, including foodstuffs and fishery and aquaculture products for human consumption, listed under Chapters 1 to 23 of the combined nomenclature set out in Annex I to Council Regulation (EEC) No 2658/8743 , and the additional agricultural products under the combined nomenclature headings and codes set out in Annex I to this Regulation. _________________ 43 Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).
Amendment 283 #
Proposal for a regulation
Article 7
Article 7
Amendment 300 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Applications for the registration of geographical indications 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 bodies may help inPublic bodies may provide technical advice for the preparation of the application and in the related procedure.
Amendment 305 #
Proposal for a regulation
Article 8 – paragraph 3 – point a
Article 8 – paragraph 3 – point a
(a) the person concerned is the only producer willing to submit anof that product at the time of the application for the registration of a geographical indication; and
Amendment 311 #
Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 1 (new)
Article 8 – paragraph 3 – subparagraph 1 (new)
In the case of wines, a single applicant shall be the winemaker.
Amendment 319 #
Proposal for a regulation
Article 9 – paragraph 7
Article 9 – paragraph 7
7. The Member State shall ensure that its decision, be it favourable or not, is made public and that any natural or legal person having a legitimate interest has an opportunity to lodge an appeal. The Member State shall alsoopted and ensure that the product specification on which its favourable decision is based is published, and shall provide electronic access to the product specification.
Amendment 321 #
Proposal for a regulation
Article 9 – paragraph 7 a (new)
Article 9 – paragraph 7 a (new)
7a. In the case of cross-border registration applications, the related national procedures, including the objection phase, shall be carried out in all Member States concerned
Amendment 335 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. A recognised producer group may agree on sustainability undertakings to be adhered to in the production of the product designated by a geographical indication. Such undertakings shall aim to apply a sustainability standard higher than mandated by Union or national law and go beyond good practice in significant respects in terms of social, environmental or economic undertakings. Such undertakings shall be specific, shall take account of existing sustainable practices employed for products designated by geographical indications, and may refer to existing sustainability schemes. For the purposes of this Article, sustainability means sustainability as set out in Article 210(3) (a) of Regulation (EU) No 1308/2013.
Amendment 340 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The sustainability undertakings referred to in paragraph (1) shallmay be included in the product specification or developed in separate initiatives.
Amendment 344 #
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
Amendment 348 #
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
Amendment 369 #
Proposal for a regulation
Article 15 – paragraph 1 – point -a (new)
Article 15 – paragraph 1 – point -a (new)
(-a) The product specification referred to in Article 11;
Amendment 370 #
Proposal for a regulation
Article 15 – paragraph 1 – point d a (new)
Article 15 – paragraph 1 – point d a (new)
(da) the favourable decision of the Member State.
Amendment 371 #
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. The joint application for registration referred to in Article 8(4) shall include, as relevant, the documents listed in paragraph (1) or (2) from all Member States or third countries concerned. The related national procedures, including the opposition stage, shall be carried out in all the Member States concerned.
Amendment 374 #
Proposal for a regulation
Article 15 – paragraph 6
Article 15 – paragraph 6
Amendment 375 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. A Union application for the registration of a geographical indication shall be submitted to the Commission electronically, through a digital system. The digital system shall have the capacity to allow the submission of applications to nationalcompetent authorities of a Member State, and tomay be used by the Member State in its national procedure.
Amendment 376 #
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
Amendment 378 #
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. The Commission shall scrutinise any application for registration that it receives pursuant to Article 16(1). Such scrutiny shall consist of a checkverifying that the requirements laid down in articles 29, 30, 31, 35, 48, 49(1) y (2), 50 y 51.1a) of this Regulation, and in articles 93 and 100 of Regulation (EU) No 1308/2013, and in article 3(4) of the Regulation (EU) 2019/787 are met, and that there are no manifest errors, that the information provided in accordance with Article 15 is complete and that the single document referred to in Article 13 is precise and technical in nature. It shall take into account the outcome of the national procedure carried out by the Member State concerned. It shall focus in particular on the single document referred to in Article 13.
Amendment 397 #
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
Amendment 432 #
Proposal for a regulation
Article 19 – paragraph 10
Article 19 – paragraph 10
10. The Commission shall be empowered to adopt delegated acts, in accordance with Article 84 supplementing this Regulation by detailed procedures and deadlines for the opposition procedure, for the official submission of comments by national authorities and persons with a legitimate interest, which will not trigger the opposition procedure and by rules on entrusting its tasks set out in this Article to EUIPO.
Amendment 454 #
2. Where a producer group has been recognised by the national authorities in accordance with Article 33, that group shall be identified as the rights' holdepresentative of producers of thea product designated by a geographical indication in the Union register of geographical indications and in the official extract referred to in paragraph (1).
Amendment 457 #
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. A producer group having a legitimate interestor, where appropriate, a single applicant having may apply for the approval of an amendment to the product specification of a registered geographical indication. If there is a recognised group of producers, only that group may make an application as indicated in the first paragraph.
Amendment 482 #
Proposal for a regulation
Article 25 – paragraph 10
Article 25 – paragraph 10
Amendment 485 #
Proposal for a regulation
Article 26 – paragraph 1 – point b a (new)
Article 26 – paragraph 1 – point b a (new)
(b a) where there is a request from the majority of producers of the product marketed under the registered name
Amendment 486 #
Proposal for a regulation
Article 26 – paragraph 1 a (new)
Article 26 – paragraph 1 a (new)
1a. Oppositions to a cancellation of the registration shall only be admissible if they demonstrate continued commercial use of the registered name.
Amendment 494 #
Proposal for a regulation
Article 26 – paragraph 6
Article 26 – paragraph 6
Amendment 501 #
Proposal for a regulation
Article 27 – paragraph 1 – introductory part
Article 27 – paragraph 1 – introductory part
1. Geographical indications entered in the Union register of geographical indications traditional terms entered in the eAmbrosia register, and terms referring to certain production methods referred to in Article 53 of Delegated Regulation 2019/33 shall be protected against:
Amendment 512 #
Proposal for a regulation
Article 27 – paragraph 1 a (new)
Article 27 – paragraph 1 a (new)
Amendment 529 #
Proposal for a regulation
Article 27 – paragraph 7 a (new)
Article 27 – paragraph 7 a (new)
7a. Where the geographical indication contains one or more non-generic terms, the use of one, some of them or all of them in the same or in a different order from the one registered, it shall constitute one of the conducts referred to in points (a) and (b) of paragraph 1.
Amendment 540 #
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
Amendment 542 #
Proposal for a regulation
Article 30 – paragraph 5
Article 30 – paragraph 5
Amendment 544 #
Proposal for a regulation
Article 32
Article 32
Amendment 566 #
Proposal for a regulation
Article 33
Article 33
Amendment 584 #
Proposal for a regulation
Article 33 a (new)
Article 33 a (new)
Amendment 595 #
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. The registration of a trade mark the use of which would contravene Article 27 shall be rejected if the application for registration of the trade mark is submitted after the date of submission to the Commission of the application for the registration of the geographical indicationMember State of the application for the registration of the geographical indication, the application for the registration of a traditional term entered in the eAmbrosia register, or a term referring to certain production method referred to in Article 53 of Delegated Regulation 2019/33 since its entry into force.
Amendment 596 #
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. The registration of a trade mark the use of which would contravene Article 27 shall be rejected if the application for registration of the trade mark is submitted after the date of submission to the CommissionMember State of the application for the registration of the geographical indication.
Amendment 597 #
Proposal for a regulation
Article 36 – paragraph 1
Article 36 – paragraph 1
A registered geographical indication may be used by any operator marketing a product conforming to the corresponding product specification or single document or an equivalent to the latter, in the case of third countries, an equivalent to the correspondent product specification.
Amendment 611 #
Proposal for a regulation
Article 37 – paragraph 5 – subparagraph 2
Article 37 – paragraph 5 – subparagraph 2
Amendment 614 #
Proposal for a regulation
Article 37 – paragraph 7
Article 37 – paragraph 7
Amendment 618 #
Proposal for a regulation
Article 37 – paragraph 8
Article 37 – paragraph 8
Amendment 622 #
Proposal for a regulation
Article 37 – paragraph 12 a (new)
Article 37 – paragraph 12 a (new)
12a. Indications, abbreviations and symbols referring to the quality schemes may only be used in connection with products produced in conformity with the rules of the quality scheme to which they apply. This applies in particular to the following indications, abbreviations and symbols: protected designation of origin’, ‘protected geographical indication’, ‘geographical indication’, ‘PDO’, ‘PGI’, and the associated symbols. On the initiative of the Commission or on its behalf, finance, on a centralised basis, administrative support concerning the development, preparatory work, monitoring, administrative and legal support, legal defence, registration fees, renewal fees, trade mark watching fees, litigation fees and any other related measure required to protect the use of the indications, abbreviations and symbols referring to the quality schemes from misuse, imitation, evocation or any other practice liable to mislead the consumer, within the Union and in third countries.
Amendment 624 #
Proposal for a regulation
Article 38 – paragraph 3
Article 38 – paragraph 3
3. When performing the controls and enforcement activities provided for in this Title, the responsible competent authorities and product certification bodies shall comply with the requirements laid down in Regulation (EU) 2017/625. However, Title VI, Chapter 1, of Regulation (EU) 2017/625 shall not apply to controls of geographical indications.
Amendment 636 #
Proposal for a regulation
Article 39 – paragraph 3 – point b
Article 39 – paragraph 3 – point b
(b) one or more product certification bodies or natural person to which responsibilities have been delegated as referred to in Regulation (EU) 2017/625, Title II, Chapter III.
Amendment 638 #
Proposal for a regulation
Article 39 – paragraph 5
Article 39 – paragraph 5
5. Where, in accordance withIf an operation covered by the product specification, a production step is carried out by one or more produceoperators inof a country other than the country of the origin of the geographical indication, the provisions for verification of compliancerelating to the conformity of those produceoperators shall be set out in the product specification. If the relevant production stepoperation concerned takes place in the Union, the producers shall be notified tooperators must notify the competent authorities of the Member State where the production step takes place andccordingly, and shall be subject to verification as a produceroperators of the product designated by the geographical indication.
Amendment 646 #
Proposal for a regulation
Article 41 – paragraph 1 – point a
Article 41 – paragraph 1 – point a
(a) European standard ISO/IEC 17065:2012 ‘Conformity assessment — Requirements for bodies certifying products, processes and services, including European standard ISO/IEC 17020:2012 ‘Conformity assessment — Requirements for the operation of various types of bodies performing inspection’; or.
Amendment 648 #
Proposal for a regulation
Article 41 – paragraph 1 – point b
Article 41 – paragraph 1 – point b
Amendment 651 #
Proposal for a regulation
Article 42 – paragraph 1
Article 42 – 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 39(3),competent authorities responsible for controls in the marketplace and enforcement of geographical indications after the 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 652 #
Proposal for a regulation
Article 42 – paragraph 2
Article 42 – paragraph 2
2. The enforcement authority shall carry out controls of products designated bywith geographical indications to ensure the traceability of conformity with the product specification or the singlwith the document or an equivalent to the latter, in the case of third countries.
Amendment 657 #
Proposal for a regulation
Article 45 – title
Article 45 – title
45 Certificates of authorisation to producecompliance with product specifications
Amendment 662 #
Proposal for a regulation
Article 46
Article 46
Amendment 672 #
Proposal for a regulation
Article 47 – paragraph 1 – point a
Article 47 – paragraph 1 – point a
Amendment 676 #
Proposal for a regulation
Article 47 – paragraph 1 – point b
Article 47 – paragraph 1 – point b
Amendment 680 #
Proposal for a regulation
Article 47 – paragraph 1 – point c
Article 47 – paragraph 1 – point c
Amendment 692 #
Proposal for a regulation
Article 48 – paragraph 6
Article 48 – paragraph 6
Amendment 695 #
Proposal for a regulation
Article 48 – paragraph 7
Article 48 – paragraph 7
Amendment 700 #
Proposal for a regulation
Article 50 – paragraph 3 a (new)
Article 50 – paragraph 3 a (new)
3a. The Commission shall be empowered to adopt delegated acts in accordance with Article 84 concerning restrictions and derogations with regard to the sourcing of feed in the case of a designation of origin.
Amendment 701 #
Proposal for a regulation
Article 50 – paragraph 3 b (new)
Article 50 – paragraph 3 b (new)
3b. The Commission shall be empowered to adopt delegated acts in accordance with Article 84 concerning restrictions and derogations with regard to the slaughtering of live animals or with regard to the sourcing of raw materials. These restrictions and derogations shall, based on objective criteria, take into account quality or usage and recognised know-how or natural factors.
Amendment 750 #
Proposal for a regulation
Article 81 – paragraph 1 – point 2
Article 81 – paragraph 1 – point 2
Regulation (EU) 1308/2013
Article 94 – paragraph 1 – point c
Article 94 – paragraph 1 – point c
(c) a description of the wine or wines, including the principal analytical: (i) in respect of a designation of origin, the principal analytical and organoleptic characteristics; (ii) in respect of a geographical indication, the principal analytical characteristics as well as an evaluation or indication of its organoleptic characteristics;
Amendment 800 #
Proposal for a regulation
Article 84 – paragraph 2
Article 84 – paragraph 2
2. The power to adopt delegated acts referred to in Article 12(4), Article 14(2), Article 15(6), Article 17(5), Article 19(10), Article 23(7), Article 25(10), Article 26(6), Article 28(3), Article 299(10), Article 23(7), Article 28(3), Article 34(3), Article 46(1), Article 46, Article 47(1), Article 48(69(4), Article 48(750(3) ( a), Article 49(4),50 (e) (b) Article 51(3), Article 55(5), Article 56(2), Article 73(10), Article 69(4), Article 70(2), Article 58(3), Article 62(10), Article 67(3), Article 68(6), Article 76(4), Article 77(1), Article 78(3), Article 78(4), shall be conferred on the Commission for a period of 7 years from [date of entry into force of this Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than 9 months before the end of the seven-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than 3 months before the end of each period.