13 Amendments of Manuela RIPA related to 2022/0089(COD)
Amendment 8 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) Citizens and consumer are entitled to expect that any geographical indication and quality scheme is backed-up with a robust verification and control system, regardless of whether the product originates from the EU or a third country.
Amendment 18 #
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, including animal welfare, biodiversity protection and fair working conditions, that are more stringent than the mandatory ones and go beyond good practice. Such specific requirements cshould be set out in the product specification.
Amendment 21 #
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. The register should enable easy access to the product specifications of each geographical indication and quality scheme, regardless of whether they originate from the EU or third countries, including those recognised via trade agreements and the mechanism foreseen in the Geneva Act.
Amendment 40 #
Proposal for a regulation
Recital 31
Recital 31
(31) The added value of the geographical indications is based on consumer trust. The system of geographical indications significantly relies on self-control, due diligence and individual responsibility of producers, while it is the role of the competent authorities of the Member States to take the necessary steps to prevent or stop the use of names of products, which are in breach of the rules governing geographical indications. The role of the Commission is to intervene in case of a systemic failure to apply Union law. Geographical indications should be subject to the system of official controls, in line with the principles set out in Regulation (EU) 2017/625 of the European Parliament and of the Council30 , which should include a system of controls at all stages of production, processing and distribution, including geographical indications recognised via a trade agreement or under the Geneva Act. Each operator should be subject to a control system that verifies compliance with the product specification. Taking into account that wine is subject to specific controls defined in the sectoral legislation, this Regulation should lay down controls for spirit drinks and agricultural products only. _________________ 30 OJ L 95, 7.4.2017, p. 1.
Amendment 46 #
Proposal for a regulation
Recital 37
Recital 37
(37) Taking into account that a product designated by the geographical indication produced in one Member State might be sold in another Member State, administrative assistance between Member States and with third countries should be ensured to allow effective controls and its practicalities should be laid down.
Amendment 57 #
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, including animal welfare, biodiversity protection and decent work conditions; 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 identify 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; 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/detail s.jsp?id=3983 35 OJ L 123, 12.5.2016, p. 1.
Amendment 160 #
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 certification bodies in the EU Member States and third countries shall comply with the requirements laid down in Regulation (EU) 2017/625, or equivalent legal requirements in third countries. However, Title VI, Chapter 1, of Regulation (EU) 2017/625 shall not apply to controls of geographical indications.
Amendment 170 #
Proposal for a regulation
Article 46 – paragraph 1
Article 46 – paragraph 1
The Commission shall be empowered to adopt delegated acts in accordance with Article 84 supplementing this Regulation by rules on entrusting EUIPO with the scrutiny of third country geographical indications, other thanwith a view to ensuring that geographical indications originating in third countries that are present on the European Union market are subject to an equivalent level of scrutiny to those originating in the EU, including geographical indications under the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications, proposed for protection pursuant to international negotiations or international agreements.
Amendment 175 #
Proposal for a regulation
Article 47 – paragraph 1 – point e
Article 47 – paragraph 1 – point e
(e) user satisfaction, from both within the EU and third countries.
Amendment 180 #
Proposal for a regulation
Article 51 – paragraph 2
Article 51 – paragraph 2
2. The product specification may also include sustainability undertakings, including animal welfare, biodiversity protection and decent work conditions.
Amendment 181 #
Proposal for a regulation
Article 51 – paragraph 2
Article 51 – paragraph 2
2. The product specification mayshould also include sustainability undertakings.
Amendment 184 #
Proposal for a regulation
Article 73 – paragraph 10
Article 73 – paragraph 10
10. The Commission shall be empowered to adopt delegated acts in accordance with Article 84 supplementing this Regulation by additional rules to provide for appropriate certification and accreditation procedures to apply in respect of product certification bodies referred to in paragraphs 2, 5 and 56.
Amendment 187 #
Proposal for a regulation
Article 84 – paragraph 2
Article 84 – paragraph 2
2. The power to adopt delegated acts referred to in Article 12(4), Article 14(2), Article 15(6), Article 17(5), Article 19(10), Article 23(7), Article 25(10), Article 26(6), Article 28(3), Article 29(3), Article 34(3), Article 46(1), Article 46, Article 47(1), Article 48(6), Article 48(7), Article 49(4), Article 51(3), Article 55(5), Article 56(2), Article 73(10), Article 69(4), Article 70(2), Article 58(3), Article 62(10), Article 67(3), Article 68(6), Article 73(10), Article 76(4), Article 77(1), Article 78(3), Article 78(4), shall be conferred on the Commission for a period of 7 years from [date of entry into force of this Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than 9 months before the end of the seven-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than 3 months before the end of each period.