32 Amendments of Jorge BUXADÉ VILLALBA related to 2022/0089(COD)
Amendment 67 #
(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 77 #
Proposal for a regulation
Recital 40
Recital 40
Amendment 86 #
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 identifying 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/detai ls.jsp?id=3983 35 OJ L 123, 12.5.2016, p. 1.
Amendment 113 #
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 also ensure that the product specification on which its favourable decision is based is published, and shall provide electronic access to the product specification.
Amendment 115 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. A Member State may, on a temporary basis, grant transitional protection to a name at national level, with effect from the date on which a Union application for registration is lodged with the Commission. Protection shall be granted by the competent national authority and not by local or regional authorities.
Amendment 139 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Scrutiny shouldall not exceed a period of 6six months. In the event that the scrutiny period exceeds or is likely to exceed 6it by no more than three months the Commission shall inform the applicant of the reasons for the delay in writing.
Amendment 173 #
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
4. The Commission shall check and verify 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 178 #
Proposal for a regulation
Article 19 – paragraph 9
Article 19 – paragraph 9
9. After completion of the opposition procedure, the Commission shall finalise its assessment of the Union application for registration, taking into account any request for transitional periods, the outcome of the opposition procedure, any notice of comments received and any other matters arising subsequently to its scrutiny that may imply a change of the single document.
Amendment 179 #
Proposal for a regulation
Article 19 – paragraph 10
Article 19 – paragraph 10
Amendment 212 #
Proposal for a regulation
Article 23 – paragraph 2 a (new)
Article 23 – paragraph 2 a (new)
2a. The Union register referred to in paragraph 1 shall be developed, updated and maintained by the EUIPO in order to manage the geographical indications to which this Regulation applies.
Amendment 230 #
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. A recognised producer group and, exceptionally, other producer groups having a legitimate interest may apply for the approval of an amendment to the product specification of a registered geographical indication.
Amendment 247 #
Proposal for a regulation
Article 25 – paragraph 6
Article 25 – paragraph 6
6. Union amendments shall be analysed and approved by the Commission. The approval procedure shall follow, mutatis mutandis, the procedure laid down from Article 8 to Article 22.
Amendment 257 #
Proposal for a regulation
Article 25 – paragraph 9
Article 25 – paragraph 9
9. Standard amendments shall be approved and assessed 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 259 #
Proposal for a regulation
Article 25 – paragraph 10
Article 25 – paragraph 10
Amendment 277 #
Proposal for a regulation
Article 26 – paragraph 6
Article 26 – paragraph 6
Amendment 290 #
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 the use of those products as ingredients;
Amendment 298 #
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
Amendment 304 #
Proposal for a regulation
Article 27 – paragraph 4 – point a a (new)
Article 27 – paragraph 4 – point a a (new)
Amendment 315 #
Proposal for a regulation
Article 27 – paragraph 7 a (new)
Article 27 – paragraph 7 a (new)
7a. Member States shall ensure effective administrative and judicial protection of protected designations of origin and geographical indications referred to in paragraph 1 of this Regulation insofar as they are produced or marketed in a Member State. Member States shall designate, where appropriate, the competent national authorities for ensuring implementation of the procedures established at national level in order to prevent any initiative or action involving unlawful use of protected geographical indications.
Amendment 316 #
Proposal for a regulation
Article 27 a (new)
Article 27 a (new)
Article 27a Where a recognised geographical indication is split up or renounced, on a voluntary basis, the national authorities of the Member State concerned shall be competent to take measures to prevent unlawful exploitation of the name or reputation of the pre-existing geographical indication and any action giving rise to unfair competition. For any new indication that may result from the splitting up of an existing indication, wording linked to the original geographical indication may not be used on the new label. That ban shall apply on on national, EU and non-EU markets. The geographical demarcation of a new indication resulting from splitting up into an existing and recognised indication shall not match up with areas coming under the existing indication. The Member State concerned shall not allow double registrations that might cause confusion for consumers and harm the image of existing geographical indications.
Amendment 318 #
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. The geographical indication designating a product ingredient shall not be used in the food name of the related processed product, except in cases of an agreement with a producer group representing two thirds ofin writing with the producers group.
Amendment 320 #
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
Amendment 322 #
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
Amendment 328 #
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. A producer group shall be set up on the initiative of interested stakeholders, including farmers, farm suppliers, intermediate processors and final processors, as specified by the national authorities and according to the nature of the product concerned. Member States shall verify that the producer group operates in a transparent and democratic manner and that all producers of the product designated by the geographical indication enjoy right of membership in the group. Member States may provide that public officials, and other stakeholders such as consumer groups, retailers and suppliers, also participate in the works of the producer group.
Amendment 339 #
2. A producer group may be designated as recognised producer group subject to a prior agreement concluded between at least two-thirds of the minimum number of producers of the product bearing a geographical indication, accounting for at least two-thirds of the production of, in accordance with the provisions of the Member State concerned, for a minimum production volume or value for that product in the geographical area referred to in the product specification. As an exception, an authority, as referred to in Article 8(2), and a single producer, as referred to in Article 8(3), shall be deemed to be a recognised producer group.
Amendment 364 #
Proposal for a regulation
Article 37 – paragraph 1 – point a
Article 37 – paragraph 1 – point a
(a) a symbol identifying protected designations of origin of wine and of agricultural products; and
Amendment 366 #
Proposal for a regulation
Article 37 – paragraph 1 – point b
Article 37 – paragraph 1 – point b
(b) a symbol identifying protected geographical indications of wine and of agricultural products and geographical indications of spirit drinks.
Amendment 368 #
Proposal for a regulation
Article 37 – paragraph 3
Article 37 – paragraph 3
3. By way of derogation from paragraph (2), in the case of wine and spirit drinks originating in the Union that are marketed under a geographical indication, Union symbols may be omitted from the labelling and advertising material of the product concerned.
Amendment 370 #
Proposal for a regulation
Article 37 – paragraph 5 – subparagraph 1
Article 37 – paragraph 5 – subparagraph 1
Where wine, agricultural products or spirit drinks are designated by a geographical indication the indications ‘protected designation of origin’ or ‘protected geographical indication’ shall appear on the labelling of wine, the indications ‘protected designation of origin’ or ‘protected geographical indication’ may appear on the labelling of agricultural products and the indication ‘geographical indication’ may appear on the labelling of spirit drinks, respectively.
Amendment 388 #
Proposal for a regulation
Article 46 – paragraph 1
Article 46 – paragraph 1
Amendment 397 #
Proposal for a regulation
Article 47 – paragraph 1
Article 47 – paragraph 1
Amendment 409 #
Proposal for a regulation
Article 47 – paragraph 2
Article 47 – paragraph 2