24 Amendments of Ivan DAVID related to 2022/0089(COD)
Amendment 151 #
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) To ensure transparency and uniformity across Member States, it is necessary to establish and maintain an electronic Union register of geographical indications, registered as protected designations of origin or protected geographical indications. The register should provide information to consumers and to those involved in trade. The register should be an electronic database stored within an information system, and should be accessible to the public. It should be developed, kept-up-to date and maintained by the European Union Intellectual Property Office (EUIPO).
Amendment 172 #
Proposal for a regulation
Recital 39
Recital 39
(39) The procedures for registration, amendment and cancellation of geographical indications, including the scrutiny and the opposition procedure, should be carried out in the most efficient way. This can be achieved by using the assistance for the scrutiny of the applications provided by the European Union Intellectual Property Office (EUIPO). While a partial outsourcing to EUIPO has been considered, the Commission would remain responsible for registration, amendment and cancellation, due to a strong relation with the Common Agricultural Policy and to the expertise needed to ensure that specificities of wine, spirit drinks and agricultural products are adequately assessed.
Amendment 193 #
Proposal for a regulation
Recital 56
Recital 56
(56) In order to supplement or amend 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 defining sustainability standards and laying down criteria for the recognition of existing sustainability standards; clarifying or adding items to be supplied as part of accompanying information; entrusting the EUIPO with the tasks related to scrutiny for opposition and the opposition procedure, operation of the register, publication of standard amendments to a product specification, consultation in the context of cancellation procedure, establishment and management of an alert system informing applicants about the availability of their geographical indication as a domain name, scrutiny of third country geographical indications other than geographical indications under the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications34 , proposed for protection pursuant to international negotiations or international agreements; establishing appropriate criteria for monitoring performance of the EUIPO in the execution of the tasks entrusted to it; laying down additional rules on the use of geographical indications to identify ingredients in processed products; laying down additional rules for determining the generic status of term; clarifying or adding items to be supplied as part of accompanying information; to identify ingredients in processed products; establishing the restrictions and derogations with regard to the sourcing of feed in the case of a designation of origin; establishing restrictions and derogations with regard to the slaughtering of live animals or with regard to the sourcing of raw materials; laying down rules for determining the use of the denomination of a plant variety or of an animal breed; laying down rules which limit the information contained in the product specification for geographical indications and traditional specialities guaranteed; laying down further details of the eligibility criteria for traditional specialities guaranteed; laying down additional rules to provide for appropriate certification and accreditation procedures to apply in respect of product certification bodies; laying down additional rules to further detail protection of traditional specialities guaranteed; laying down for traditional specialities guaranteed additional rules for determining the generic status of terms, conditions for use of plant variety and animal breed denominations, and relation to intellectual property rights; defining additional rules for joint applications concerning more than one national territory and complementing the rules of the application process for traditional specialities guaranteed guaranteed; complementing the rules for the opposition procedure for traditional specialities guaranteed to establish detailed procedures and deadlines; supplementing the rules regarding the amendment application process for traditional specialities guaranteed; supplementing the rules regarding the cancellation process for traditional specialities guaranteed; laying down detailed rules relating to the criteria for optional quality terms; reserving an additional optional quality term, laying down its conditions of use; laying down derogations to the use of the term ‘mountain product’ and establishing the methods of production, and other criteria relevant for the application of that optional quality term, in particular, laying down the conditions under which raw materials or feedstuffs are permitted to come from outside the mountain areas. 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-Making35 . 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. _________________ 34 https://www.wipo.int/publications/en/detai ls.jsp?id=3983 35 OJ L 123, 12.5.2016, p. 1.
Amendment 380 #
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. The Commission shall scrutinise anyconduct the examination of the application for registration that it receives pursuant to Article 16(1). Such scrutiny shall consist of a check that there are no manifest errors,. The Commission shall verify 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 383 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Scrutiny shouldall not exceed a period of 65 months. In duly justified cases, the scrutiny period may be extended by a maximum of 3 months. In the event that the scrutiny period exceis extendeds or is likely to exceed 6 monthsbe extended the Commission shall inform the applicant of the reasons for the delay in writing.
Amendment 401 #
Proposal for a regulation
Article 18 – paragraph 2 – introductory part
Article 18 – paragraph 2 – introductory part
2. The Commission shall be exempted from the obligation to meet the deadline to perform the scrutiny referred to in Article 17(2) 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 9(6), which:
Amendment 416 #
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
4. The Commission shall checkonduct the examination of the admissibility of the opposition. If the Commission considers that the opposition is admissible, it shall, within 5 months from the date of publication in the Official Journal of the European Union invite the authority or the person that lodged the opposition and the authority or the applicant producer group that lodged the application to engage in appropriate consultations for a reasonable period that shall not exceed 3 months. At any time during that period, the Commission may, at the request of the authority or the applicant producer group, extend the deadline for the consultations by a maximum of 3 months.
Amendment 452 #
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. Where a producer group has been recognised by the national authorities in accordance with Article 33, or a third country authority, that group shall be identified as the representatives of the rights' holder of the geographical indication in the Union register of geographical indications and in the official extract referred to in paragraph (1).
Amendment 461 #
Proposal for a regulation
Article 25 – paragraph 1 a (new)
Article 25 – paragraph 1 a (new)
1a. Where a recognised producer group does not exist, a producer group or in exceptional and duly justified cases, an individual producer which is the only producer having a legitimate interest may apply for the approval of an amendment to the product specification of a registered geographical indication.
Amendment 475 #
Proposal for a regulation
Article 25 – paragraph 7
Article 25 – paragraph 7
7. Applications for Union amendments submitted by a third country or by producers groups, or in exceptional and duly justified case an individual producer in a third country shall contain proof that the requested amendment complies with the laws on the protection of geographical indications in force in that third country.
Amendment 476 #
Proposal for a regulation
Article 25 – paragraph 8
Article 25 – paragraph 8
8. If an application for a Union amendment to the product specification of a registered geographical indication also includes standard amendments or temporary amendments, the Commission shall scrutinise the Union amendment only. Any standard amendments or temporary amendments shall be deemed as not having been submitted. The scrutiny of such applications shall focus on the proposed Union amendments. Where appropriate, the Commission or the Member State concerned may invite the applicant to modify other elements of the product specifications.
Amendment 478 #
Proposal for a regulation
Article 25 – paragraph 9
Article 25 – paragraph 9
9. Standard amendments shall be scrutinised and approved by Member States or third countries in whose territory the geographical area of the product concerned is located and communicated to the Commission. The Commission shall make those amendments public.
Amendment 490 #
Proposal for a regulation
Article 26 – paragraph 2 a (new)
Article 26 – paragraph 2 a (new)
2a. After the cancellation of the registration of a geographical indication, the use and the protection as another intellectual property right of the registered name shall be prohibited for at least 10 years.
Amendment 503 #
Proposal for a regulation
Article 27 – paragraph 1 – point a
Article 27 – 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 comparable to the products registered under that name or where use of a name exploits, weakens, dilutes, or is detrimental to the reputation of, the protected name, including where those products are used as ingredients;
Amendment 505 #
Proposal for a regulation
Article 27 – paragraph 1 – point b
Article 27 – 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 name is translated, transcribed, transliterated or accompanied by an expression such as ‘style’, ‘type’, ‘method’, ‘as produced in’, ‘imitation’, ‘flavour’, ‘like’ or similar, including where those products are used as ingredients.
Amendment 510 #
Proposal for a regulation
Article 27 – paragraph 1 – point c
Article 27 – 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 on domain names relating to the product concerned, and the packing of the product in a container liable to convey a false impression as to its origin;
Amendment 519 #
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. For the purposes of paragraph (1), point (b), the evocation of a geographical indication shall arise, in particular, where a term, sign, or other labelling or packaging device presents a direct and clear link 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.deleted
Amendment 525 #
Proposal for a regulation
Article 27 – paragraph 4 – point a a (new)
Article 27 – paragraph 4 – point a a (new)
(aa) goods produced in the Union and destined to be exported and marketed in third countries; and
Amendment 526 #
Proposal for a regulation
Article 27 – paragraph 5
Article 27 – paragraph 5
5. The recognised group of producers or any operator that is entitled to use the protected designation of origin or 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 in breach of paragraph (1).
Amendment 527 #
Proposal for a regulation
Article 27 – paragraph 7
Article 27 – paragraph 7
7. Where a geographical indication is a compound name which contains a term which is considered to be generic, the use of that term shall not constitute a conduct referred to in paragraph (1), point (a) and (b).deleted
Amendment 528 #
Proposal for a regulation
Article 27 – paragraph 7 a (new)
Article 27 – paragraph 7 a (new)
7a. Each Member State shall take appropriate administrative and judicial steps to prevent or stop the unlawful use of protected designations of origin and protected geographical indications, as provided for in paragraph 1, that are produced or marketed in that Member State. To that end, Member States shall designate the authorities that are responsible for taking those steps in accordance with procedures determined by each individual Member State. Those authorities shall provide adequate guarantees of objectivity and impartiality, and shall have at their disposal the qualified staff and resources necessary to carry out their functions.
Amendment 780 #
Proposal for a regulation
Article 81 – paragraph 1 – point 3 a (new)
Article 81 – paragraph 1 – point 3 a (new)
Regulation (EU) 1308/2013
Article 104
Article 104
(3a) Article 104 is replaced by the following: "Register 1. The Commission shall adopt implementing acts, containing provisions on establishing and maintaining a publicly accessible electronic register of designation of origins and geographical indications protected under this Regulation (the ‘Union register of geographical indications’). 2. The Union register as referred to in paragraph 1 shall be developed, kept up- to-date and maintained by the EUIPO for the management of geographical indications protected under this Regulation. 3. Designations of origin and 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 may be entered in the Union register of geographical indications. The Commission shall register such designations of origin or geographical indications by means of implementing acts. Unless specifically identified in those agreements as protected designations of origin, the names of such products shall be entered in the Union register of geographical indications as protected geographical indications. 4. Each designation of origin or geographical indication shall be entered in the Union register of geographical indications in its original script. Where the original script is not in Latin characters, the designation of origin or geographical indication shall be transcribed in Latin characters and both versions of the designation of origin or geographical indication shall be entered in the Union register of geographical indications and shall have equal status. 5. The Commission shall make public and in the event of changes, update the list of the international agreements referred to in paragraph (3) as well as the list of geographical indications protected under those agreements. 6. The Commission shall retain documentation related to the registration of a designation of origin or geographical indication in digital or paper form for the period of validity of the designation of origin or geographical indication, and in case of cancellation for 10 years thereafter. 7. The Commission may adopt implementing acts defining the content and presentation of the Union register."
Amendment 781 #
Proposal for a regulation
Article 81 – paragraph 1 – point 3 b (new)
Article 81 – paragraph 1 – point 3 b (new)
Regulation (EU) 1308/2013
Article 104 a (new)
Article 104 a (new)
(3b) The following Article is inserted: Article 104a " Extracts from the Union register 1. Any person shall be able to download an official extract from the Union register that provides proof of registration of the designation of origin or geographical indication, and the relevant data including the date of application for the registration of the designation of origin or geographical indication or other priority date. This official extract may be used as an authentic certificate in legal proceedings, in a court of law, court of arbitration or similar body. 2. Where a producer group has been recognised by the national authorities in accordance with Article 110bis, or by a third country authority, that group shall be identified as the representative rights' holder of the designation of origin or geographical indication in the Union register of geographical indications and in the official extract referred to in paragraph (1). 3. The Commission may adopt implementing acts defining the format and online presentation of extracts from the Union register, and providing for the exclusion or anonymisation of protected personal data."
Amendment 782 #
Proposal for a regulation
Article 81 – paragraph 1 – point 3 c (new)
Article 81 – paragraph 1 – point 3 c (new)
Regulation (EU) 1308/2013
Article 105
Article 105