17 Amendments of Salvatore DE MEO related to 2022/0089(COD)
Amendment 169 #
Proposal for a regulation
Recital 31 a (new)
Recital 31 a (new)
(31a) The registered trademarks of Geographical Indications have an asset value which can be determined after a clear and objective analysis by an independent third party. Such a value may be included into the annual balance sheet of both producer groups and individual producers.
Amendment 226 #
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) ‘producer group’ means any association, irrespective of its legal form, mainly composed of producers or processors of the same product and listed in the national control system;
Amendment 270 #
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, in websites and in electronic commerce ensuring the integrity of the internal market.
Amendment 312 #
Proposal for a regulation
Article 9 – paragraph 2 – point c a (new)
Article 9 – paragraph 2 – point c a (new)
(ca) a study on the economic sustainability of the supply chain concerned.
Amendment 445 #
Proposal for a regulation
Article 23 – paragraph 4
Article 23 – paragraph 4
4. Each geographical indication shall be entered in the Union register of geographical indications in descending order of turnover and in its original script. Where the original script is not in Latin characters, the geographical indication shall be transcribed in Latin characters and both versions of the geographical indication shall be entered in the Union register of geographical indications and shall have equal status.
Amendment 472 #
Proposal for a regulation
Article 25 – paragraph 6
Article 25 – paragraph 6
6. Union amendments shall be approved by the Commission. The approval procedure shall follow, mutatis mutandis, within three months from the application for the approcedure laid down from Article 8 to Article 22val of an amendment to the product specification.
Amendment 488 #
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
2. The Commission may also adopts implementing acts cancelling the registration at the request of the group of producers of the product marketed under the registered name.
Amendment 523 #
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. For the purposes of paragraph (1), point (b), tan evocation, to be considered as such, should be in competition with, or take advantage of the reputation of the product which intends to imitate. The evocation of a geographical indication shall arise, in particular, where a term, sign, or other labelling or packaging device presents a direct and clear link with the product covered by the registered geographical indication and takes profit of its consolidated reputation in the mind of the reasonably circumspect consumer, thereby exploiting, weakening, diluting or being detrimental to the reputation of the registered name. A geographical term belonging to a GI denomination, used for products of the same category, is considered as an avocation provided that it is not clearly distinguishable and is confusing compared to the protected GI by the average consumer normally informed and reasonably attentive and circumspect.
Amendment 549 #
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 stakeholderproducers and their associations, 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 552 #
Proposal for a regulation
Article 32 – paragraph 2 – point b
Article 32 – paragraph 2 – point b
(b) assert the right including enforcement actions offline and online and take legal action to ensure protection offline and online of the geographical indication and of the intellectual property rights including websites, domain names and electronic commerce that are directly connected with it, and claim damage;
Amendment 559 #
Proposal for a regulation
Article 32 – paragraph 2 – point d – introductory part
Article 32 – paragraph 2 – point d – introductory part
(d) take action to improve the economic, social and environmental performance of the geographical indication, including:
Amendment 561 #
Proposal for a regulation
Article 32 – paragraph 2 – point d – point iii
Article 32 – paragraph 2 – point d – point iii
(iii) carrying out analyses into the economic performance, sustainability of production, social and environmental performances, nutritional profile, and organoleptic profile, of the product designated by the geographical indication;
Amendment 573 #
Proposal for a regulation
Article 33 – paragraph 3 – introductory part
Article 33 – paragraph 3 – introductory part
3. In addition to the powers and responsibilities referred to in Article 32(2), a recognised producer group may exercise erga omnes the following powers and responsibilities:
Amendment 577 #
Proposal for a regulation
Article 33 – paragraph 3 – point d a (new)
Article 33 – paragraph 3 – point d a (new)
(da) to ask for a contribution fee in relation to the activities rendered for the benefit of the geographical indication to all producers operating in the area of origin and employing the protected denomination. The contribution fee shall be proportional to the certified quantities of the relevant geographical indication.
Amendment 653 #
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 or in websites and that contravenes the protection of geographical indications provided for in Article 27 and Article 28.
Amendment 655 #
Proposal for a regulation
Article 42 – paragraph 4
Article 42 – paragraph 4
4. The authority designated in accordance with paragraph 1 shall 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. In particular, the authority responsible for controls in the marketplace should coordinate with the group of producers concerned as they are delegated to carry out the same controls.
Amendment 699 #
Proposal for a regulation
Article 50 – paragraph 3 a (new)
Article 50 – paragraph 3 a (new)
3a. Member States may adopt acts in accordance with Article 84 temporarily lowering or suspending the percentages referred to in paragraph (1) and (2) due to exceptional circumstances including adverse geopolitical, economic, geographic and climatic conditions.