39 Amendments of Paola GHIDONI related to 2022/0089(COD)
Amendment 152 #
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) In the scope of the ongoing and future trade agreements the Union is and will be negotiating; it should put a significant efforts with commercial and diplomatic means in preserving under the agreements the EU GIs system and insuring the protection of century old practices which bring together historical, cultural and gastronomic heritage and insure at the same time sustainable production.
Amendment 153 #
Proposal for a regulation
Recital 16 b (new)
Recital 16 b (new)
(16b) Given their recognised role in creating economic value and jobs, maintaining local traditions and knowledge and protecting natural resources, all European Union Geographical Indications should be protected under bilateral trade agreements through recognition of the European system as a whole;
Amendment 155 #
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) During the process, while negotiating trade agreements, or specific bilateral agreements on GIs, the parties should always bear in mind the specificities they represent and the complex tissue of producers entering into the scope of the protected products; in this regard, special attention should be given to very small, small and medium producers which are the main actors and preservers of the system and the ones insuring the sustainability of the entire production;
Amendment 174 #
Proposal for a regulation
Recital 39
Recital 39
(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 wouldshall 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 180 #
Proposal for a regulation
Recital 40
Recital 40
Amendment 194 #
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 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 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 225 #
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, in accordance with the list present in the national control system;
Amendment 262 #
Proposal for a regulation
Article 4 – paragraph 1 – point b a (new)
Article 4 – paragraph 1 – point b a (new)
(ba) the added value associated with geographical indication products is shared across the supply chain to ensure producers may invest in the quality and reputation of their products;
Amendment 269 #
Proposal for a regulation
Article 4 – paragraph 1 – point e
Article 4 – paragraph 1 – point e
(e) effective enforcement and marketing throughout the Union and in the domain name system, in websites and in electronic commerce ensuring the integrity of the internal market.
Amendment 298 #
Proposal for a regulation
Article 7 – paragraph 1 – point g
Article 7 – paragraph 1 – point g
(g) ‘producer’ means an operator engaged in any production step of a product protected by a geographical indication, including processing activities, covered by the product specification, in accordance with the list present in the national control system;
Amendment 329 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. A producer group may agree on sustainability undertakings to be adhered to in the production of the product designated by a geographical indication. Such undertakings shall aim to apply a sustainability standard higher than mandated by Union or national law and go beyond good practice in significant respects in terms of social, environmental or economic undertakingseconomic, environmental or social sustainability undertakings to be implemented on a voluntary basis by each individual producer. Such undertakings shall be specific, shall take account of existing sustainable practices employed for products designated by geographical indications, and may refer to existing sustainability schemes.
Amendment 343 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The sustainability undertakings referred to in paragraph (1) shallmay be included in the producta document accompanying the specification.
Amendment 347 #
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
Amendment 353 #
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
Amendment 373 #
Proposal for a regulation
Article 15 – paragraph 6
Article 15 – paragraph 6
Amendment 396 #
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
Amendment 431 #
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 450 #
Proposal for a regulation
Article 23 – paragraph 7
Article 23 – paragraph 7
Amendment 471 #
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, the procedure laid down from Article 8 to Article 22 within three months from the application for the approval of an amendment.
Amendment 480 #
Proposal for a regulation
Article 25 – paragraph 10
Article 25 – paragraph 10
Amendment 487 #
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
2. The Commission may alsoshall adopt implementing acts cancelling the registration at the request of the group producers of the product marketed under the registered name.
Amendment 493 #
Proposal for a regulation
Article 26 – paragraph 6
Article 26 – paragraph 6
Amendment 520 #
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 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, albeit figurative or a symbol or other labelling or packaging device presents a direct and clear link with the product covered byor form of presentation presents a phonetic or visual similarity with the registered name, the registered geographical indication in the mind of the reasonably circumspect consumerby unduly capitalising on its image in such a way as to lead a normally informed and reasonably observant and circumspect consumer to assume, by association of ideas, that it in fact relates to the product designated by the protected name and takes profit of its consolidated reputation, thereby exploiting, weakening, diluting or being detrimental to the reputation of the registered name.
Amendment 538 #
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
Amendment 541 #
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
Amendment 587 #
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. Country-code top-levelThe domain name registries established in the Union may, upon the request of a natural or legal person having a legitimate interest or rightsshall, ex-officio, revoke or transfer a domain name registered under such country-code top-level domain to the recognised producer group of the products with the geographical indication concerned, following an appropriate alternative dispute resolution procedure or judicial procedure, if such domain name has been registered by its holder without rights or legitimate interest in the geographical indication or if it has been registered or is being used in bad faith and its use contravenes Article 27.
Amendment 604 #
2. In the case of products originating in the Union that are marketed under a geographical indication, the Union symbol associated with it shall appear on the labelling and advertising material. The geographical indication and an indication of the name of the producer or vendor shall appear in the same field of vision as the Union symbol. The country of origin of a primary ingredient which is not the same as the given country of origin of the geographical indication shall be indicated with reference to Member States or third countries. The labelling requirements laid down in Article 13(1) of Regulation (EU) No 1169/2011 for the presentation of mandatory particulars shall apply to the geographical indication.
Amendment 619 #
8a. Without prejudice to the application of articles 27 and 28 of this regulation and the rights of use acquired with the registration of PDO and PGI products, given its historical-traditional nature, the term "balsamic" cannot be used in the labelling and presentation of a product that satisfies the characteristics of category 1.8 of the Treaty or of products comparable to the same.
Amendment 621 #
Proposal for a regulation
Article 37 – paragraph 10 – point b a (new)
Article 37 – paragraph 10 – point b a (new)
(ba) Without prejudice to articles 27 and 28 of this regulation, the term 'balsamic' cannot appear in the legal denomination of a product which satisfies the characteristics of category 1.8 of the Treaty, or in products comparable to them, with the exception of denominations already registered at Community level as PDO or PGI.
Amendment 654 #
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 that are produced, including domain names, 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 656 #
Proposal for a regulation
Article 43 – paragraph 3 a (new)
Article 43 – paragraph 3 a (new)
3a. Member States shall not adopt national rules, including of a technical nature, on the use of names for products or services that are produced, operated or marketed in their territory, which do not comply with Articles 27 and 28 of this Regulation and with Articles 7 and17 of Regulation (EU) No 1169/2011, and which do not comply with the principle of harmonisation in the Union food law system.
Amendment 664 #
Proposal for a regulation
Article 46
Article 46
Amendment 666 #
Proposal for a regulation
Article 46 a (new)
Article 46 a (new)
Article 46a Assistance and advice in relation to free trade agreements between the EU and third countries 1. Upon request of producers' associations recognized according to art. 33, the EUIPO provides them with assistance and legal-legal advice to support them in the actions promoted for the protection of designations of origin and geographical indications protected under this regulation in third countries, with which the EU has concluded free trade agreements which provide for the protection of designations of origin and geographical indications. 2. For the submission of the application to the EUIPO and for the juridical-legal assistance and consultancy activity referred to in paragraph 1, no costs shall be incurred by recognised producer associations. 3. The EUIPO also provides legal advice during the negotiations for the conclusion of free trade agreements between the EU and third countries pursuant to art. 218 TFEU, concerning the protection of designations of origin and geographical indications. 4. The Commission shall be empowered to adopt delegated acts, in accordance with Article 84, supplementing this Regulation with rules entrusting the EUIPO with the tasks referred to in paragraph 1 and 3.
Amendment 670 #
Proposal for a regulation
Article 47 – paragraph 1
Article 47 – paragraph 1
Amendment 685 #
Proposal for a regulation
Article 47 – paragraph 2
Article 47 – paragraph 2
Amendment 738 #
Proposal for a regulation
Article 81 – paragraph 1 – point 1
Article 81 – paragraph 1 – point 1
Regulation (EU) 1308/2013
Article 93 – paragraph 1 – point b – indent ii
Article 93 – paragraph 1 – point b – indent ii
(ii) as originating in a specific place, region or, in exceptional cases, country;
Amendment 741 #
Proposal for a regulation
Article 81 – paragraph 1 – point 1
Article 81 – paragraph 1 – point 1
Regulation (EU) 1308/2013
Article 93 – paragraph 1 – point b – indent iii
Article 93 – paragraph 1 – point b – indent iii
(iii) as having at least 85 % of the grapes, must or wine used for its production originating exclusively from that geographical area;
Amendment 790 #
Proposal for a regulation
Article 81 – paragraph 1 – point 3 a (new)
Article 81 – paragraph 1 – point 3 a (new)
Regulation (EU) 1308/2013
Article 113 – paragraph –1 (new)
Article 113 – paragraph –1 (new)
(3a) In Article 113, the following paragraph is added: ‘-1. A traditional term shall be comprised in the product specification of the product marketed under a designation of origin or a geographical indication.’.
Amendment 791 #
Proposal for a regulation
Article 81 – paragraph 1 – point 3 b (new)
Article 81 – paragraph 1 – point 3 b (new)
Regulation (EU) 1308/2013
Article 113 a (new)
Article 113 a (new)
(3b) The following Article is added: ‘Article 113a Relationship with designations of origin and geographical indications 1. The registration of a traditional term the use of which would contravene Article 27 of Regulation ... /... (the new GI Regulation) shall be rejected if the application for registration of the traditional term is submitted after the date of submission to the Commission of the application for the registration of the designation of origin or of the geographical indication. 2. Traditional terms registered in breach of paragraph 1 shall be invalidated by the Commission and, where applicable, the competent national authorities.’;