59 Amendments of Maria-Manuel LEITÃO-MARQUES related to 2022/0089(COD)
Amendment 62 #
Proposal for a regulation
Recital 35
Recital 35
(35) Enforcement of geographical indications in the marketplace is important to prevent fraudulent and deceptive practices thus ensuring that producers 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. Controls should be carried out based on risk assessment or notifications from operators, and appropriate administrative and judicial steps should be taken to prevent or stop the use of names on products or services that contravene the protected geographical indications.
Amendment 73 #
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 free of charge and carried out in the most efficient and transparent 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, tThe Commission wshould 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 75 #
Proposal for a regulation
Recital 39 a (new)
Recital 39 a (new)
(39 a) In order to provide administrative support to the European Commission, the EUIPO should assist it with scrutinising the application for registration, with the publication of the single document in the Union register, after its verification by the Commission, with assisting the Commission in the opposition procedure. Similarly to its role in protecting domain names in trade marks, the EUIPO should establish and manage an alert system that provides information about the availability of a geographical indication as a domain name. The EUIPO should assist the Commission with performing the technical scrutiny of the Union amendments, with carrying out the technical scrutiny of third-country geographical indications and the EUIPO should make updates to the list of international agreement protecting them.
Amendment 88 #
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;clarifying or adding items to be supplied as part of accompanying information; entrusting the EUIPO with the operation of the register, establishment and management of an alert system informing applicants about the availability of their geographical indication as a domain name, 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 terms; 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/detail s.jsp?id=3983 35 OJ L 123, 12.5.2016, p. 1.
Amendment 101 #
Proposal for a regulation
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
(d) simple and efficient registration of geographical indications taking into account the uniform, appropriate and effective protection of intellectual property rights in the internal market, including the Union digital market; and
Amendment 104 #
Proposal for a regulation
Article 4 – paragraph 1 – point e
Article 4 – paragraph 1 – point e
(e) effective enforcement and marketing throughout the Union, in the domain name system and in electronic commerce ensuring the integrity of the internal market.
Amendment 136 #
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 may rely on the assistance of the EUIPO and shall consist of a check 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 138 #
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 143 #
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. Where, based on the scrutiny carried out pursuant to paragraph 1, the Commission considers that the conditions laid down in this Regulation and in Regulations (EU) No 1308/2013 and (EU) 2019/787, as appropriate, are fulfilled, it shall publish within 7 days in the Official Journal of the European Union the single document and the reference to the publication of the product specification.
Amendment 151 #
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
Amendment 158 #
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 171 #
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
4. The Commission shall check 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 inviteand within 30 days after the receipt of that opposition, issue a written invitation to 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 176 #
Proposal for a regulation
Article 19 – paragraph 7
Article 19 – paragraph 7
7. Where, following the end of the consultations referred to in paragraph (4), the data published in accordance with Article 17(4) have been modified, the Commission shall repeat its scrutiny of the application for registration as modified. Where the application for registration has been modified in a substantial manner, and the Commission considers that the modified application meets the conditions for registration, it shall publish the application once more, within 7 calendar days, in accordance with that paragraph.
Amendment 186 #
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 195 #
Proposal for a regulation
Article 20 a (new)
Article 20 a (new)
Article 20 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 Commission 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 of this Article shall not be based on the grounds for opposition referred to in Article 19. The competent authority or person that lodges a notice of comment shall not be considered to be a party to the procedure. 3. The Commission 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 53(2).
Amendment 197 #
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
Amendment 199 #
Proposal for a regulation
Article 21 – paragraph 5
Article 21 – paragraph 5
5. When using a designation referred to in paragraphs 1 and 3, for the purpose of the transitional period, the indication of the country of origin shall clearly and visibly appear on the labelling.
Amendment 200 #
Proposal for a regulation
Article 21 – paragraph 6
Article 21 – paragraph 6
6. 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 lodgregistered with the Commission, 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 9(4).
Amendment 208 #
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. The Commission shall adopt implementing acts, without applying the procedure referred to in Article 53(2), containing provisions on establishing and maintaining a publicly and easily accessible electronic register of geographical indications protected under this Regulation (the ‘Union register of geographical indications’). The register shall have three parts corresponding to geographical indications of wine, of spirit drinks and of agricultural products respectively. The register will comply with Regulations (EU) 2018/1725 and (EU) 2016/679.
Amendment 215 #
Proposal for a regulation
Article 23 – paragraph 6
Article 23 – paragraph 6
6. The Commission 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, andincluding in case of cancellation and rejection, for 10 years thereafter.
Amendment 219 #
Proposal for a regulation
Article 23 – paragraph 7
Article 23 – paragraph 7
Amendment 224 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Any person shall be able to easily download an official extract from the Union register of geographical indications 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. This official extract may be used as an authentic certificate in legal proceedings, in a court of law, court of arbitration or similar body.
Amendment 231 #
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. A recognised producer group having a legitimate interest may apply for the approval of an amendment to the product specification of a registered geographical indication.
Amendment 235 #
Proposal for a regulation
Article 25 – paragraph 1 a (new)
Article 25 – paragraph 1 a (new)
1 a. Where a recognised producer group does not exist, a producer group having a legitimate interest may apply for the approval of an amendment to the product specification of a registered geographical indication.
Amendment 243 #
Proposal for a regulation
Article 25 – paragraph 5
Article 25 – paragraph 5
5. A standtemporardy amendment shall be considered as a temporstandaryd amendment when it concerns a temporary change in the product specification resulting from the imposition of obligatory sanitary and phytosanitary measures by the public authorities or a temporary amendment necessary because of the consequences of a natural disaster or adverse weather conditions or exceptional geopolitical events formally recognised by the competent authorities.
Amendment 252 #
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 255 #
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 by publishing them in the Official Journal of the European Union, L series, within 7 calendar days after their approval.
Amendment 267 #
Proposal for a regulation
Article 25 – paragraph 10 a (new)
Article 25 – paragraph 10 a (new)
10 a. The Commission may be assisted by the EUIPO to perform the technical scrutiny of the Union amendments and prepare the observations, which shall be verified and sent to the applicants by the Commission.
Amendment 270 #
Proposal for a regulation
Article 26 – paragraph 1 – point b
Article 26 – paragraph 1 – point b
(b) where no product has been placed on the market under the geographical indication for at least sefiven consecutive years.
Amendment 284 #
Proposal for a regulation
Article 26 – paragraph 6
Article 26 – paragraph 6
Amendment 289 #
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 292 #
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 295 #
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 297 #
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
Amendment 303 #
Proposal for a regulation
Article 27 – paragraph 4 – point a
Article 27 – paragraph 4 – point a
(a) goods entering the customs territory of the Union without being released for free circulation within that territory; and
Amendment 305 #
Proposal for a regulation
Article 27 – paragraph 4 – point a a (new)
Article 27 – paragraph 4 – point a a (new)
(a a) goods produced in the Union and destined to be exported and marketed in third countries; and
Amendment 307 #
Proposal for a regulation
Article 27 – paragraph 4 a (new)
Article 27 – paragraph 4 a (new)
Amendment 310 #
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 312 #
Proposal for a regulation
Article 27 – paragraph 7
Article 27 – paragraph 7
Amendment 313 #
Proposal for a regulation
Article 27 – paragraph 7 a (new)
Article 27 – paragraph 7 a (new)
7 a. 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 transparency, objectivity and impartiality, and shall have at their disposal the qualified staff and resources necessary to carry out their functions.
Amendment 348 #
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. Country-code tTop-level domain name registries establishedoperating in the Union may,shall, ex-officio or upon the request of a natural or legal person having a legitimate interest or rights, revoke or transfer a domain name registered under such country-code top- level domain to the recognised 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 27.
Amendment 349 #
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. Country-code tTop-level domain name registries establishedoperating in the Union shall ensure that any alternative dispute resolution procedure established to solve disputes relating to the registration of domain names referred to in paragraph (1), shall recognise geographical indications as rights that may prevent a domain name from being registered or used in bad faith.
Amendment 350 #
Proposal for a regulation
Article 34 – paragraph 2 a (new)
Article 34 – paragraph 2 a (new)
2 a. Paragraphs 1 and 2 of this Article shall apply to core platform services provided or offered by registries to business users established in the Union or to end-users established or located in the Union, irrespective of the place of establishment or residence of the registries and irrespective of the law otherwise applicable to the provision or offer of services, in accordance with Article 1 of Regulation (EU) 2022/ ...[DMA].
Amendment 354 #
Proposal for a regulation
Article 34 – paragraph 3
Article 34 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 84 supplementing this Regulation by provisions entrusting EUIPO to establish and manage a domain name information and alert system that would provide the applicant, upon the submission of an application for a geographical indication, with information about the availability of the geographical indication as a domain name and, on optional basis, the registration of a domain name identical to their geographical indication. ThatEUIPO may be empowered under those delegated acts to monitor registration of domain names in the Union which could conflict with the names included in the Union register of geographical indications. Those delegated acts shall also include the obligation for registries of country-code top-level domain names, established and the EURid, operating in the Union, to provide EUIPO with the relevant information and data.
Amendment 357 #
Proposal for a regulation
Article 35 – title
Article 35 – title
Amendment 359 #
Proposal for a regulation
Article 35 – paragraph 1 a (new)
Article 35 – paragraph 1 a (new)
1 a. Any registration in the name of a person other than the producer group of a trade mark incorporating, imitating or evoking the name protected by a geographical indication shall be rejected.
Amendment 362 #
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.
Amendment 375 #
Proposal for a regulation
Article 39 – paragraph 2
Article 39 – paragraph 2
2. Producers are responsible for internal controls that ensureing compliance with the product specification of products designated by geographical indications before the product is placed on the market.
Amendment 377 #
Proposal for a regulation
Article 39 – paragraph 3 – introductory part
Article 39 – paragraph 3 – introductory part
3. In addition to internal controlsactions to ensure compliance referred to in paragraph 2, prior to placing on the market a product designated by a geographical indication and originating in the Union, third party verification of compliance with the product specification, shall be carried out by:
Amendment 380 #
Proposal for a regulation
Article 42 – title
Article 42 – title
Controls and enforcement of geographical indications in the marketplace
Amendment 383 #
Proposal for a regulation
Article 42 – paragraph 3
Article 42 – paragraph 3
3. Member States shall take appropriate administrative and judicial steps to prevent or stop the use of names of products or services, including domain names, that are produced, operated or marketed in their territory and that contravenes the protection of geographical indications provided for in Article 27 and Article 28.
Amendment 384 #
Proposal for a regulation
Article 42 – paragraph 4
Article 42 – paragraph 4
4. The authority designated in accordance with paragraph 1 shall cooperate with the producer groups concerned and coordinate enforcement of geographical indications among relevant departments, agencies and bodies, including police, anti- counterfeiting agencies, customs, intellectual property offices, food law authorities and retail inspectors.
Amendment 392 #
Proposal for a regulation
Article 46 – paragraph 1
Article 46 – paragraph 1
The Commission shall be empowered to adopt delegated acts in accordance with Article 84 supplementing this Regulation by rules on entrusting EUIPO with the, with the assistance of the EUIPO, scrutiny ofise third country geographical indications, 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 400 #
Proposal for a regulation
Article 47 – paragraph 1 – introductory part
Article 47 – paragraph 1 – introductory part
1. Where the Commission exercises any of the empowerments provided for in this Regulation to entrust tasks to EUIPOrelies on the assistance of the EUIPO to carry out tasks, it shall also be empowered to adopt delegated acts in accordance with Article 84 to supplement this Regulation by criteria for monitoring performance in the assistance in the execution of such tasks. Such criteria mayshall include, in particular:
Amendment 402 #
Proposal for a regulation
Article 47 – paragraph 1 – point a
Article 47 – paragraph 1 – point a
Amendment 404 #
Proposal for a regulation
Article 47 – paragraph 1 – point b
Article 47 – paragraph 1 – point b
Amendment 406 #
Proposal for a regulation
Article 47 – paragraph 1 – point c
Article 47 – paragraph 1 – point c
Amendment 411 #
Proposal for a regulation
Article 47 – paragraph 2
Article 47 – paragraph 2
2. No later than 5two years after the first delegation of any tasks to EUIPOdate of entry into force of this Regulation, the Commission shall prepare and submit a report to the European Parliament and to the Council on the results and experience of the assistance in the exercise of these tasks by EUIPO.
Amendment 432 #
Proposal for a regulation
Article 82 – paragraph 1 – point 1
Article 82 – paragraph 1 – point 1
assistance in the administration and promotion of geographical indications, notablyand the tasks conferred on it by means of Commission delegated acts adopted in accordance with Article […] of Regulation (EU) …/….../... of the European Parliament and of the Council [Regulation on GIs].*