39 Amendments of Carles PUIGDEMONT I CASAMAJÓ related to 2022/0089(COD)
Amendment 5 #
Proposal for a regulation
Recital 3
Recital 3
(3) In its Communication of 25 November 2020 titled ‘Making the most of the EU’s innovative potential – An intellectual property action plan to support the EU’s recovery and resilience’, the Commission undertook to look at ways to strengthen, modernise, streamline and better enforce geographical indications for agricultural products, wine and spirit drinks. Moreover, in its Communication of 30 June 2021 “A long-term vision for the EU’s rural areas: Towards stronger, connected, resilient and prosperous rural areas by 2040”, the Commission gave geographical indications a role among the flagship initiatives promoting prosperous rural areas, because of their contribution to the economic diversification and specialisation of rural areas. Finally, Regulation (EU) 2021/2117, as part of the reform of the Common Agricultural Policy (CAP), introduced changes to the Union’s system of geographical indications.
Amendment 6 #
Proposal for a regulation
Recital 4
Recital 4
(4) The quality and diversity of the Union’s wine, spirit drinks and agricultural production is one of its important strengths, and prides, giving a competitive advantage to the Union’s producers and making a major contribution to its living cultural and gastronomic heritage. This is due to the skills and determination of Union producers, from labourers, farmers, traders and other professionals, who have kept traditions alive while taking into account the developments of new production methods and material. Moreover, and following the One Health and Health in All Policies principles, geographical indications are also unique labels proving the healthy source of raw materials and production.
Amendment 7 #
Proposal for a regulation
Recital 5
Recital 5
(5) Citizens and consumers in the Union increasingly demand quality as well as traditional products. They are also concerned to maintain the diversity of agricultural production in the Union. This generates a demand for wine, spirit drinks and agricultural products with identifiable specific characteristics, in particular those linked to their geographical origin, both in terms of territory and production process.
Amendment 11 #
Proposal for a regulation
Recital 9
Recital 9
(9) Ensuring uniform recognition and protection throughout the Union for the intellectual property rights related to names protected in the Union is a priority that can be effectively achieved only at Union level. Geographical indications protecting the names of wines, spirit drinks and agricultural products having characteristics, attributes or reputation linked to their place of production are an exclusive Union’s competence. A unitary and exclusive system of geographical indications therefore needs to be provided. Geographical indications are a collective right held by all eligible producers in a designated area willing to adhere to a product specification. Producers acting collectively have more powers than individual producers and take collective responsibilities to manage their geographical indications, including responding to societal demands for products resulting from sustainable production. Operating geographical indications reward producers fairly for their efforts to produce a diverse range of quality products. At the same time, this can benefit the rural economy, which is particularly the case in areas with natural or other specific constraints, such as mountain areas and the most remote regions, where the farming sector accounts for a significant part of the economy and production costs are high. In this way, quality schemes are able to contribute to and complement rural development policy as well as market and income support policies of the CAP. In particular, they may contribute to the developments in the farming sector and, especially, disadvantaged areas. A Union framework that protects geographical indications by providing for their inclusion in a register at Union level facilitates the development of the agricultural sector, since the resulting, more uniform approach ensures fair competition between the producers of products bearing such indications and enhances the credibility of the products in the consumers’ eyes. The system of geographical indications aims at enabling consumers to make more informed purchasing choices and, through labelling and advertising, helping them to correctly identify their products on the market. Geographical indications, being a type of intellectual property right, help operators and companies valorise their intangible assets from which they and consumers benefit. To avoid creating unfair conditions of competition and to sustain the internal market, any producer, including a third country producer, should be able to use a registered name and market products designated as geographical indications throughout the Union and in electronic commerce, provided that the product concerned complies with the requirements of the relevant specification and that the producer is covered by a system of controls. In light of the experience gained from the implementation of Regulations (EU) No 1308/2013, (EU) 2019/787 and (EU) No 1151/2012 of the European Parliament and of the Council27 , there is a need to address certain legal issues, to clarify and simplify some rules and to streamline the procedures. _________________ 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).
Amendment 12 #
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) Tourism should be regarded as an enabler of awareness of geographical indications. Tourism is one of Europe’s main industrial ecosystems, with four closely linked key vectors, namely transport, accommodation, experience and intermediation, and the success of the industry lies in the degree of influence between these four vectors. Geographical indications could play a key role to achieve the Union’s sustainable tourism objectives because the awareness of their existence, and therefore of the producers belonging to them, could help diversify and complement locations and destinations. In this sense, local craft activities, agro-tourism, rural tourism and ecotourism are an integral part of geographical indications’ awareness. Finally, the improved cooperation and coordination between stakeholders, greater involvement of local authorities in tourism and market research, professional communication and marketing strategies are necessary to boost the social, economic and environmental performance of both sustainable tourism and geographical indications.
Amendment 14 #
(11) The Union has for some time been aiming at simplifying the regulatory framework of the Common Agricultural Policy. This approach should also apply to regulations in the field of geographical indications, without calling into question the specific characteristics of each sector. In order to simplify the lengthy registration and amendment procedures, harmonised procedural rules for geographical indications for wine, spirit drinks and agricultural products should be laid down in a single legal instrument, while maintaining product specific provisions for wine in Regulation (EU) No 1308/2013, for spirit drinks in Regulation (EU) 2019/787 and for agricultural products in this Regulation. The procedures for the registration, amendments to the product specification and cancellation of the registration in respect of geographical indications originating in the Union, including opposition procedures, should be carried out by the Member States and the Commission, taking into account the information coming from the producer groups and, where applicable, the regional and local entities that assist in the implementation and management of geographical indications.. The Member States and the Commission, or where applicable regions, should be responsible for distinct stages of each procedure. Member States should be responsible for the first stage of the procedure, which consists of receiving the application from the producer group, assessing it, including running a national opposition procedure, and, following the results of the assessment, submitting the application to the Commission. The Commission should be responsible for scrutinising the application in the second stage of the procedure, including running a worldwide opposition procedure, and taking a decision on granting the protection to the geographical indication or not. Geographical indications should be registered only at Union level. However, with effect from the date of application with the Commission for registration at Union level, Member States should be able to grant transitional protection at national level without affecting the internal market or international trade. The protection afforded by this Regulation upon registration should be equally available to geographical indications of third countries that meet the corresponding criteria and that are protected in their country of origin. The Commission should carry out the corresponding procedures for geographical indications originating in third countries.
Amendment 16 #
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) Quality is ensured in the Union through public policies associated with the production of public goods and its contribution to the transition towards a sustainable food system, with resilient cold and food chains. Therefore, quality should be ensured through a holistic and multidimensional approach, encompassing environmental, economic and social-cultural sustainability. Geographical indications are tools capable of contributing to the maintenance of Local Food Systems, diversification and specialisation of rural economies, safeguarding SMEs, the environmental protection of the rural landscape, preservation of biodiversity and the Natura 2000 network, among others.
Amendment 17 #
Proposal for a regulation
Recital 12
Recital 12
(12) To contribute to the transition to a sustainable food system and respond to societal demands for sustainable, environmentally and climate friendly, animal welfare ensuring, resource efficient, socially and ethically responsible production methods, producers of geographical indications should be encouraged to adhere to sustainability standards that are more stringent than the mandatory ones and go beyond good practice. Such specific requirements could be set out in the product specification. The Commission should ensure that producer groups share good practices and methods to implement this sustainability strategy. Sustainability from European producers should be duly reciprocated with sustainability from producers from third countries. Economic agreements where European geographical indications are incorporated should inform the commitment to sustainability of European producers and seek for reciprocity from international partners. Finally, in order to make local and regional food production systems more sustainable and to contribute to diversified and balanced diets, geographical indications should be included in the mandatory minimum criteria for sustainable food procurement.
Amendment 22 #
Proposal for a regulation
Recital 15
Recital 15
(15) 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 and accessible in all the official languages of the Member States..
Amendment 23 #
Proposal for a regulation
Recital 16
Recital 16
(16) The Union negotiates international agreements, including those concerning the protection of designations of origin and geographical indications, with its trade partners. In order to facilitate the provision to the public of information about the names protected by those international agreements, and in particular to ensure protection and control of the use to which those names are put, those names may be entered in the Union register of geographical indications. Unless specifically identified as designations of origin in such international agreements, the names should be entered in the register as protected geographical indications. When a new international trade agreement is signed by the Commission, producer groups should be duly notified by the closest administration. In case a geographical indication has not been included, the Commission, together with the national, regional or local administration, should establish mechanisms to secure the intellectual property of that geographical indication or producer group in the partner country.
Amendment 29 #
Proposal for a regulation
Recital 17
Recital 17
(17) For the optimal functioning of the internal market, it is important that producers and other operators concerned, authorities and consumers may quickly and easily have access to the relevant information concerning a registered protected designation of origin or protected geographical indication. This information should include, where applicable, the information on the identity of the producer group recognised at national level. Where applicable, regional or local administrations should be able to provide administrative assistance to producer groups. At the same time, regional or local entities should encourage and incentivise producers to join these producer groups or other stakeholders managing geographical indications.
Amendment 33 #
Proposal for a regulation
Recital 24
Recital 24
(24) As producers of products bearing geographical indications are mostly small or medium size enterprises, they face competition from other operators along the food supply chain which can create unfair competition between local producers and those operating on a more extended scale. In this context, in the interest of all the producers concerned, it is necessary to allow one single producer group to perform specific actions in the name of the producers. To that purpose, the category of the recognised producer group should be established, together with the criteria necessary to qualify as a recognised producer group and the related specific additional rights, in particular in order to provide recognised producer groups with the right tools to better enforce their intellectual property rights against unfair practices. National and, where applicable, regional or local administrations should arbiter the producer groups in order to appoint the most suitable as recognised producer group.
Amendment 35 #
Proposal for a regulation
Recital 28
Recital 28
(28) The symbols, indications and abbreviations identifying a registered geographical indication, and the rights therein pertaining to the Union, should be protected in the Union as well as in third countries with the aim of ensuring that they are used on genuine products and that consumers are not misled as to the qualities of products. National, regional or local administrations should assist producer groups to raise awareness about their geographical indications, as well as through the tourist offices for visitors to know the geographical indications of the region they are visiting.
Amendment 41 #
Proposal for a regulation
Recital 33
Recital 33
(33) Information on the competent authorities and product certification bodies should be made public to ensure the transparency and allow interested parties to contact them in all the official languages of Member States.
Amendment 42 #
Proposal for a regulation
Recital 36
Recital 36
(36) Online platforms have become increasingly used for sales of products, including of those designated as geographical indications, and in some cases they might represent an important space as regards preventing fraud. In this regard, this Regulation should establish rules to ensure appropriate labelling of products sold via online platforms, and to provide powers to Member States to disable access to the content that contravenes the rules. These rules should be without prejudice to Regulation (EU) No 2022/XX of the European Parliament and of the Council32 . National and, where applicable, regional or local administrations should introduce this information accordingly and assist, teach and incentivise the private online platforms. _________________ 32 Regulation (EU) […] of the European Parliament and of the Council of […] on a Single Market For Digital Services (DSA) and amending Directive 2000/31/EC (OJ L …, XXX, dd/mm/yyyy, p. X).
Amendment 44 #
Proposal for a regulation
Recital 36 a (new)
Recital 36 a (new)
(36a) In its efforts to build a sustainable and resilient legal framework for a European single digital market where the level-playing field is ensured for all small and medium size enterprises (SMEs), the Union has provided itself with acts such as Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act)and Regulation XXX/XXX on contestable and fair markets in the digital sector (Digital Markets Act). When it comes to geographical indications, stakeholders that do not depend on public administrations but that seek to raise awareness and provide services for producer groups or other stakeholders related to geographical indications should be able to do so. For that reason, the Commission, Member States and, where applicable, regional and local administrations should assist this SMEs in order to create a market of information providers for producer groups, geographical indications and other related activities.
Amendment 51 #
Proposal for a regulation
Recital 43
Recital 43
(43) To implement the rules related to geographical indications, the Commission should be assisted by a committee, composed by the delegates of the Member States, understandable to the consumer..
Amendment 52 #
Proposal for a regulation
Recital 48
Recital 48
(48) In order to avoid creating unfair conditions of competition, any producer, including a producer from a third country, should be able to use a registered name of a traditional speciality guaranteed, provided that the product concerned complies with the requirements of the relevant specification and the producer is covered by a system of controls. For traditional specialities guaranteed produced within the Union, the Union symbol should be indicated on the labelling and it should be possible to associate it with the indication ‘traditional speciality guaranteed’. The use of the names, the Union symbol and the indication should be regulated to ensure a uniform approach across the internal market. Where applicable, regional or local administrations should be able to provide administrative assistance to producer groups of traditional specialities guaranteed.
Amendment 53 #
Proposal for a regulation
Recital 51
Recital 51
(51) Participation in the traditional speciality guaranteed scheme should ensure that any operator complying with the rules of this scheme is entitled to be covered by the verification of compliance with the product specification. Where applicable, regional or local administrations should be able to provide administrative assistance to producer groups. At the same time, regional or local entities should encourage and incentivise producers to join these producer groups or other stakeholders managing traditional specialties guaranteed.
Amendment 54 #
Proposal for a regulation
Recital 52
Recital 52
(52) The procedures for the registration, amendments to the product specification and the cancellation of the registration in respect of traditional specialities guaranteed originating in the Union, including opposition procedures, should be carried out by the Member States and the Commission. The Member States and the Commission should be responsible for distinct stages of each procedure. Member States and, where applicable, regions, should be responsible for the first stage of the procedure, which consists of receiving the application from the producer group, assessing it, including running a national opposition procedure, and, following the results of the assessment, submitting the Union application to the Commission. The Commission should be responsible for scrutinising the application, including running a worldwide opposition procedure, and taking a decision on granting the traditional specialities guaranteed protection or not. The protection afforded by this Regulation upon registration should be equally available to traditional specialities guaranteed of third countries that meet the corresponding criteria and that are protected in their country of origin. The Commission should also carry out the corresponding procedures for traditional specialities guaranteed originating in third countries.
Amendment 55 #
Proposal for a regulation
Recital 53
Recital 53
(53) The optional quality terms scheme was introduced by Regulation (EU) No 1151/2012. It refers to specific horizontal characteristics, of one or more categories of products, farming methods or processing attributes which apply in specific areas. The optional quality term ‘mountain product’ has met the conditions laid down for optional quality terms and was established by that Regulation. It has provided mountain producers with an effective tool to better market their product and to reduce the actual risks of consumer confusion as to the mountain provenance of products on the market. The possibility for producers to use optional quality terms should be maintained, as the scheme has not yet fully met its potential in the Member States due to a short time of its application. Where applicable, regional or local administrations should be able to provide administrative assistance to mountain producers. At the same time, regional or local entities should encourage and incentivise mountain producers to join producer groups or other stakeholders managing ‘mountain products’.
Amendment 71 #
Proposal for a regulation
Article 4 – paragraph 1 – point e a (new)
Article 4 – paragraph 1 – point e a (new)
(ea) the added value associated with geographical indication products is shared across the supply chain to ensure producers may stabilise their prices and invest in the quality and reputation of their products.
Amendment 82 #
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. As part of the scrutiny referred to in paragraph (3), the Member State shall conduct a nator, where applicable, the region shall conduct a national or regional opposition procedure. The national or regional opposition procedure. The national opposition procedure shall ensure publication of the application for registration and provide for a period of at least 2 months from the date of publication within which any natural or legal person having a legitimate interest and established or resident on the territory of the Member State in which the product concerned originates may lodge an opposition to the application for registration with that Member State.
Amendment 83 #
Proposal for a regulation
Article 9 – paragraph 5
Article 9 – paragraph 5
5. The Member State shall establish the modalities of the opposition procedure. These modalities may include criteria for the admissibility of an opposition, a period of consultation between the applicant producer group and each opponent, and submission of a report from the applicant producer group on the outcome of the consultations including any changes the applicant producer group has made to the application for registration. Where applicable, the Member State shall take into account the opinion of its regional administrations.
Amendment 84 #
Proposal for a regulation
Article 9 – paragraph 6
Article 9 – paragraph 6
6. If, after the scrutiny of the application for registration and the assessment of the results of any opposition received and any changes to the application agreed with the applicant producer group, the Member State considers that the requirements of this Regulation are met, it may take a favourable decision and lodge a Union application as referred to in Article 15. Where applicable, the Member State shall take into account the opinion of its regional administrations.
Amendment 85 #
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. Where applicable, the Member State shall take into account the opinion of its regional administrations.
Amendment 86 #
Proposal for a regulation
Article 9 – paragraph 7 a (new)
Article 9 – paragraph 7 a (new)
7a. The national or regional stage of registration shall be facilitated in all the official languages of the Member States.
Amendment 87 #
Proposal for a regulation
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1a. Where applicable, a region, in communication with its Member State, may grant such transitional protection in case a product followed the regional application for registration.
Amendment 95 #
Proposal for a regulation
Article 12 – paragraph 5 a (new)
Article 12 – paragraph 5 a (new)
5a. The Commission shall ensure that producer groups share good practices and methods to implement this sustainability strategy. Sustainability from European producers shall be duly reciprocated with sustainability from producers from third countries.
Amendment 97 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. A Union application for the registration of a geographical indication shall be submitted to the Commission electronically, through a digital system. The digital system shall have the capacity to allow the submission of applications to national authorities of a Member State, and to be used by the Member State in its national procedure. Where applicable, this application may be done through the regional authority of the geographical indication. This submission shall comprise all the official languages of Member States.
Amendment 102 #
Proposal for a regulation
Article 18 – paragraph 2 – point b
Article 18 – paragraph 2 – point b
(b) requests the Commission to suspend the scrutiny because national administrative or judicial proceedings have been initiated to challenge the validity of the application and the Member State considers that those proceedings are based on valid grounds.
Amendment 103 #
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. The exemption shall have effect until the Commission is informed by the Member State or, where applicable, the region that the original application has been restored or that the Member State or the region withdraws its request for suspension.
Amendment 104 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Within 3 months from the date of publication in the Official Journal of the European Union of the single document and the reference to the product specification pursuant to Article 17(4), the authorities of a Member State or where applicable a region, or of a third country, or a natural or legal person having a legitimate interest, established or resident in a third country, may lodge an opposition or a notice of comment with the Commission.
Amendment 105 #
Proposal for a regulation
Article 19 – paragraph 6
Article 19 – paragraph 6
6. Within 1 month from the end of the consultations referred to in paragraph (4), the applicant producer group established in the third country or the authorities of the Member State or, where applicable, the region, or of the third country from which the Union application for registration was lodged shall notify the Commission of the result of the consultations, including all the information exchanged, whether agreement was reached with one or all of the opponents, and of any consequent changes to the application for registration. The authority or person that lodged an opposition to the Commission may also notify the Commission of its position at the end of the consultations.
Amendment 108 #
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 117 #
Proposal for a regulation
Article 27 – paragraph 1 – introductory part
Article 27 – paragraph 1 – introductory part
1. Geographical indications entered in the Union register of geographical indications and those protected by trade and economic agreements signed by the Union with third countries shall be protected against:
Amendment 138 #
Proposal for a regulation
Article 32 – paragraph 2 – point d – point iii a (new)
Article 32 – paragraph 2 – point d – point iii a (new)
(iiia) share good practices, lessons learned and expertise with other producer groups;
Amendment 166 #
Proposal for a regulation
Article 44 – paragraph 1
Article 44 – paragraph 1
1. Member States shall assist each other for the purpose of carrying out the controls and enforcement provided for in this Chapter in accordance with Regulation (EU) 2017/625. Where applicable, regions with competences in management of geographical indications shall also assist each other for the purpose of better enforcement.
Amendment 167 #
Proposal for a regulation
Article 44 – paragraph 4
Article 44 – paragraph 4
4. In case of a possible violation of protection conferred to a geographical indication, Member States or, where applicable, regions, shall take measures to facilitate the transmission, from law enforcement authorities, public prosecutors and judicial authorities, to the competent authorities referred in Article 39(3) of information on such possible violation.