BETA

27 Amendments of Raffaele STANCANELLI related to 2022/0115(COD)

Amendment 159 #
Proposal for a regulation
Recital 9 a (new)
(9a) The competent authorities should take steps to ensure that a sign, symbol or other aspect of the labelling or method of presentation of a product that has a phonetic or visual similarity to a registered GI is not used illegally for commercial purposes to mislead consumers.
2022/11/11
Committee: JURI
Amendment 162 #
Proposal for a regulation
Recital 13 a (new)
(13a) Because micro, small and medium-sized enterprises have limited resources to deal with administrative tasks, the competent authorities should provide all necessary support tools, including financial support, to assist micro, small and medium-sized enterprises during the registration procedure.
2022/11/11
Committee: JURI
Amendment 217 #
Proposal for a regulation
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, excluding agricultural products and foodstuffs as protected by Regulations (EU) No 2019/787, No 1308/2013 and No 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)
2022/11/11
Committee: JURI
Amendment 220 #
Proposal for a regulation
Article 2 – paragraph 2
2. This Regulation does not apply to spirit drinks as referred in Regulation (EU) 2019/787 of the European Parliament and of the Council25, wines as defined in Regulation (EU) No 1308/2013 of the European Parliament and of the Council26, nor to agricultural products and foodstuffs as protected by Regulation (EU) No 1151/2012 of the European Parliament and of the Council27. _________________ 25 Regulation (EU) 2019/787 of the European Parliament and of the Council of 17 April 2019 on the definition, description, presentation and labelling of spirit drinks, the use of the names of spirit drinks in the presentation and labelling of other foodstuffs, the protection of geographical indications for spirit drinks, the use of ethyl alcohol and distillates of agricultural origin in alcoholic beverages, and repealing Regulation (EC) No 110/2008 (OJ L 130, 17.5.2019, p. 1). 26 Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (OJ L 347, 20.12.2013, p. 671). 27 Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (OJ L 343, 14.12.2012, p. 1).deleted
2022/11/11
Committee: JURI
Amendment 223 #
Proposal for a regulation
Article 3 – paragraph 1 – point a
(a) ‘craft products’ means 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 productor digitised, or where the design activity makes use of design tools, including digital tools, under the direct supervision of the company owner (from design to manufacture);
2022/11/11
Committee: JURI
Amendment 224 #
Proposal for a regulation
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 those listed 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;
2022/11/11
Committee: JURI
Amendment 229 #
Proposal for a regulation
Article 3 – paragraph 1 – point b
(b) ‘industrial products’ means products produced in a standardised way, typically on mass scale and through the use of machines;deleted
2022/11/11
Committee: JURI
Amendment 232 #
Proposal for a regulation
Article 3 – paragraph 1 – point d
(d) ‘producer group’ means any association, irrespective of its legal form, mainly composed of producers or processors, manufacturers, processors or any other operator working with the same product;
2022/11/11
Committee: JURI
Amendment 238 #
Proposal for a regulation
Article 3 – paragraph 1 – point e
(e) ‘production step’ means any stage of production, processing or preparation, as laid down in the product specification for the GI product, up to the point, where the product is in a form to be placed on the internal market;
2022/11/11
Committee: JURI
Amendment 242 #
Proposal for a regulation
Article 3 – paragraph 1 – point f
(f) ‘traditional’ and ‘tradition’, when associated with a product originating in a geographical area, means proven historical usage by producers in a community, with which a particular cultural community is identified. Historical usage means usage for a period that allows transmission between generations;
2022/11/11
Committee: JURI
Amendment 246 #
Proposal for a regulation
Article 3 – paragraph 1 – point g
(g) ‘producer’ means an operator engaged in anyone or more production steps of a product the name of which is protected as a geographical indication, including processing or preparation activities, covered by the product specification;
2022/11/11
Committee: JURI
Amendment 253 #
Proposal for a regulation
Article 3 – paragraph 1 – point i
(i) ‘product certification body’ means a legal person whichbody accredited by a national government authority to certifiesy that products designated by geographical indications comply with the product specification, whether in performance of a delegated official control task or any other mandate;
2022/11/11
Committee: JURI
Amendment 256 #
Proposal for a regulation
Article 3 – paragraph 1 – point j
(j) ‘self-declaration’ means a document with content established in a specific form (determined in advance and uniform) in which a producer, or an authorised representative, indicates on his or her sole responsibility that the product is compliant with the corresponding product specification and that all necessary controls and checks for the proper determination of conformity have been carried out in order to demonstrate the lawful use of the geographical indication to the competent authorities of Member States. ;
2022/11/11
Committee: JURI
Amendment 259 #
Proposal for a regulation
Article 3 – paragraph 1 – point k a (new)
(ka) new point l: ‘technical expert’ means a person who provides specific detailed knowledge and expertise for the performance of the activities of the Office’s Geographical Indications Division, as described in Section 2 of this Regulation.
2022/11/11
Committee: JURI
Amendment 266 #
Proposal for a regulation
Article 5 – paragraph 1 – point c
(c) at least one of the productionqualifying steps of the product takes place in the defined geographical area. As laid down in the specification, a qualifying step means a step in which the product is given the specific features establishing the link between a given quality, reputation or other characteristic of the product and the geographical origin referred to in Article 5(b);
2022/11/11
Committee: JURI
Amendment 276 #
Proposal for a regulation
Article 6 – paragraph 1 a (new)
1a. Member States shall ensure that the administrative burdens associated with the procedures for registering Geographical Indications are kept to a minimum in order to facilitate the registration of the products referred to in Article 2(1);
2022/11/11
Committee: JURI
Amendment 302 #
Proposal for a regulation
Article 7 – paragraph 1 – point i – point i (new)
(i) the name and contact details of the competent authority or product certification body verifying compliance with the provisions of the product specification;
2022/11/11
Committee: JURI
Amendment 309 #
Proposal for a regulation
Article 8 – paragraph 1 – point a – point i – point a (new)
(a) the type of product (craft or industrial);
2022/11/11
Committee: JURI
Amendment 330 #
Proposal for a regulation
Article 10 – paragraph 2
2. Where a Member State charges a fee, the level of the fees shall be reasonable,avoid placing an excessive burden on businesses in order to foster the competitiveness of the producers of the geographical indications and shall take into account the situation ofs much as possible and shall consider the specific factors affecting micro, small and medium- sized enterprises.
2022/11/11
Committee: JURI
Amendment 496 #
Proposal for a regulation
Article 36 – paragraph 1
1. Article 35 is without prejudice to the use of a geographical indication by producers in conformity with Article 43 to indicate that a manufactured product contains, as a part or component, a product designated by that geographical indication provided that such use is made in accordance with honest commercial practices and does not weaken, dilute, or is not detrimental to, the reputation of the geographical indicationdoes not undermine the protection provided under Article 35.
2022/11/11
Committee: JURI
Amendment 498 #
Proposal for a regulation
Article 37
Generic terms 1. Generic terms shall not be registered as a geographical indication. 2. To establish whether or not a term has become generic, account shall be taken of all relevant factors, in particular: (a) the existing situation in areas of consumption; (b) the relevant Union or national legal acts.Article 37 deleted
2022/11/11
Committee: JURI
Amendment 503 #
Proposal for a regulation
Article 39
39 A name shall not be registered as a geographical indication where, in the light of a trade mark’s reputation and renown, registration of the name proposed as a geographical indication could mislead the consumer as to the true identity of the product. A name shall not be registered as a geographical indication where, in the light of a trade mark’s reputation and renown, registration of the name proposed as a geographical indication could mislead the consumer as to the true identity of the product.Article 39 deleted
2022/11/11
Committee: JURI
Amendment 519 #
Proposal for a regulation
Article 42 – paragraph 4
4. Without prejudice to paragraph 2 of this Article, a trade mark the use of which contravenes Article 35, which has been applied for, registered, or established by use in good faith within the territory of the Union, if that possibility is provided for by the legislation concerned, before the date on which the application for registration of the geographical indication is submitted to the Office, may continue to be used and renewed notwithstanding the registration of a geographical indication, provided that no grounds for invalidity or revocation of the trade mark exist under Directive (EU) 2015/243632of the European Parliament and of the Council or Regulation (EU) 2017/1001. In such cases, the use of the geographical indication and that of the relevant trade mark shall be permitted. _________________ 32 Directive (EU) 2015/2436 of the European Parliament and of the Council of 16 December 2015 to approximate the laws of the Member States relating to trade marks (OJ L 336, 23.12.2015, p. 1).deleted
2022/11/11
Committee: JURI
Amendment 543 #
Proposal for a regulation
Article 45 – paragraph 1 – point b
(b) monitoring of the use of geographical indications in the marketplace, with a view, in particular, to combating unfair commercial practices, including electronic commerce.
2022/11/11
Committee: JURI
Amendment 548 #
Proposal for a regulation
Article 46 – paragraph 6
6. The costs of verification of compliance with the product specification may be borne by the producers, which are subject to those controls. Member States may also contribute to those costs. Any charges by a Member State shall be reasonable, encourage competitiveness on the part of producers using the geographical indications and factor in the situation of micro, small and medium- sized enterprises.
2022/11/11
Committee: JURI
Amendment 556 #
Proposal for a regulation
Article 48 – paragraph 5
5. Member States may collect fees or charges to cover the costs of official controls in the marketplace. Any fee or commission charged by a Member State shall be reasonable, encourage competitiveness on the part of producers using geographical indications and factor in the situation of micro, small and medium-sized enterprises.
2022/11/11
Committee: JURI
Amendment 558 #
Proposal for a regulation
Article 48 – paragraph 5 – subparagraph 1 (new)
As provided for in Article 47(c), the applicant producer groups referred to in Article 6 may issue notifications to the authorities designated pursuant to paragraph 1, enabling them to carry out the checks referred to in this title. In this case, at the request of the groups, the authorities are required to indicate the stage reached by the procedure initiated by the notification in question.
2022/11/11
Committee: JURI