45 Amendments of Dan-Ştefan MOTREANU related to 2022/0089(COD)
Amendment 208 #
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) geographical indications for wine, spirit drinks and agricultural products.
Amendment 241 #
Proposal for a regulation
Article 2 – paragraph 1 – point f
Article 2 – paragraph 1 – point f
(f) ‘product certificationdelegated bodies’ means bodies within the meaning of Title II, Chapter III, of Regulation (EU) 2017/625 which certify that products designated by geographical indications or traditional specialities guaranteed comply with the product specification.
Amendment 253 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The Commission 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 pursuant to this Regulation, Regulation (EU) No 1308/2013 and Regulation (EU) 2019/787, in accordance with Regulations (EU) 2018/1725 and (EU) 2016/679.
Amendment 275 #
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, 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 285 #
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) ‘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 48 of 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 291 #
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
Amendment 315 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The Member State shall scrutinise the application for registration in order to check that it meets the conditions for registration of the respective provisions for wine, spirit drinks or agricultural products as appropriate.
Amendment 326 #
Proposal for a regulation
Article 11 – paragraph 1 – point a
Article 11 – paragraph 1 – point a
Amendment 332 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. A 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 or animal health and welfare 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.
Amendment 341 #
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 354 #
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
Amendment 361 #
Proposal for a regulation
Article 13 – paragraph 1 – point a
Article 13 – paragraph 1 – point a
Amendment 366 #
Proposal for a regulation
Article 14 – paragraph 1 – point c – point i
Article 14 – paragraph 1 – point c – point i
Amendment 381 #
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 388 #
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 in the Official Journal of the European Union the single document and the reference to the publication of the product specification.
Amendment 400 #
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 411 #
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. An opposition shall claim that the application could infringe the conditions laid down in this Regulation, Regulations (EU) No 1308/2013 or (EU) 2019/787, as appropriate, and give reasons. An opposition that does not contain the said claim shall be void.
Amendment 420 #
Proposal for a regulation
Article 19 – paragraph 5
Article 19 – paragraph 5
5. The authority or the person that lodged the opposition and the authority or applicant producer group that lodged the application shall start appropriate consultations without undue delay. They shall provide each other with the relevant information to assess whether the application for registration complies with this Regulation, Regulations (EU) No 1308/2013 or (EU) 2019/787, as appropriate.
Amendment 434 #
Proposal for a regulation
Article 20 – paragraph 1 – point a
Article 20 – paragraph 1 – point a
(a) the proposed geographical indication does not comply with the definition of the geographical indication or with the requirements referred to in this Regulation, Regulation (EU) No 1308/2013 or Regulation (EU) 2019/787 as the case may be;
Amendment 453 #
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 460 #
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 464 #
Proposal for a regulation
Article 25 – paragraph 2 a (new)
Article 25 – paragraph 2 a (new)
2a. 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 474 #
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 496 #
Proposal for a regulation
Article 26 – paragraph 6
Article 26 – paragraph 6
Amendment 517 #
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
Amendment 533 #
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. The name of a geographical indication designating a productproduct used as an ingredient shall notmay be used in the food name of the related processed product, except in cases of an agreement with a producer group representing two thirds of the producers, labelling or packaging device or advertising of a processed product subject to the existence of authorisation and control provisions to allow the recognised producer group to ensure a fair use of the GI name.
Amendment 554 #
Proposal for a regulation
Article 32 – paragraph 2 – point b
Article 32 – paragraph 2 – point b
(b) take legal action, including but not limited to action before the civil and criminal courts, to ensure protection of the geographical indication and of the intellectual property rights that are directly connected with it;
Amendment 556 #
Proposal for a regulation
Article 32 – paragraph 2 – point c
Article 32 – 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 those undertakings and assuring adequate publicity for them notably in an information system provided by the Commission;
Amendment 576 #
Proposal for a regulation
Article 33 – paragraph 3 – point c a (new)
Article 33 – paragraph 3 – point c a (new)
(ca) to be consulted in regard to the protection of their name, in the context of international trade negotiations;
Amendment 616 #
Proposal for a regulation
Article 37 – paragraph 7
Article 37 – paragraph 7
Amendment 625 #
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 certificationdelegated 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 626 #
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 certificationdelegated 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 635 #
Proposal for a regulation
Article 39 – paragraph 3 – point b
Article 39 – paragraph 3 – point b
(b) one or more product certificationdelegated bodies to which responsibilities have been delegated as referred to in Regulation (EU) 2017/625, Title II, Chapter III.
Amendment 637 #
(b) one or more product certificationdelegated bodies.
Amendment 640 #
Proposal for a regulation
Article 40 – title
Article 40 – title
Public information on competent authorities and product certificationdelegated bodies
Amendment 641 #
Proposal for a regulation
Article 40 – paragraph 1
Article 40 – paragraph 1
1. Member States shall make public the names and addresses of the competent authorities and product certificationdelegated bodies referred to in Article 39(3) and keep that information up-to-date.
Amendment 642 #
Proposal for a regulation
Article 40 – paragraph 2
Article 40 – paragraph 2
2. The Commission shall make public the names and addresses of the competent authorities and product certificationdelegated bodies referred to in Article 39(4) and update that information periodically.
Amendment 643 #
Proposal for a regulation
Article 40 – paragraph 3
Article 40 – paragraph 3
3. The Commission may establish a digital portal where the names and addresses of the competent authorities and product certificationdelegated bodies referred to in paragraphs 1 and 2 are made public.
Amendment 644 #
Proposal for a regulation
Article 41 – title
Article 41 – title
Accreditation of product certificationdelegated bodies
Amendment 645 #
Proposal for a regulation
Article 41 – paragraph 1 – introductory part
Article 41 – paragraph 1 – introductory part
1. The product certificationdelegated bodies referred to in Article 39(3), point (b) and Article 39(4), point (b) shall comply with and be accredited in accordance with:
Amendment 688 #
Proposal for a regulation
Article 48 – paragraph 3 – point b
Article 48 – paragraph 3 – point b
(b) products and/or products names that, without prejudice to the rules referred to in Article 5(2), are contrary to public policy or to accepted principles of morality and may not be placed on the internal market.
Amendment 690 #
Proposal for a regulation
Article 48 – paragraph 5
Article 48 – paragraph 5
5. For the purposes of paragraphs (1), point (b) and (2), point (b), ‘other characteristic’ may include traditional production practices, traditional product attributes and farming practices that protect environmental value including biodiversity, habitats, nationally recognised environmental zones and landscape.
Amendment 693 #
Proposal for a regulation
Article 48 – paragraph 6 a (new)
Article 48 – paragraph 6 a (new)
6a. In duly justified cases and in order to take into account natural constraints affecting agricultural production in certain mountain or disadvantaged areas, the Commission shall be empowered to adopt a delegated act laying down the conditions under which slaughtering can take place outside of the geographical area;
Amendment 745 #
Proposal for a regulation
Article 81 – paragraph 1 – point 2
Article 81 – paragraph 1 – point 2
Regulation (EU) 1308/2013
Article 94
Article 94
Amendment 758 #
Proposal for a regulation
Article 81 – paragraph 1 – point 3
Article 81 – paragraph 1 – point 3