44 Amendments of Andreas SCHWAB related to 2022/0115(COD)
Amendment 122 #
Proposal for a regulation
Recital 12
Recital 12
(12) Where applicable, the information included in the single document shall be made available through the Digital Product Passport as set out by the Regulation establishing a framework for ecodesign requirements for sustainable products and repealing Directive 2009/125/ECMicro and small and medium sized companies often struggle with administrative tasks, therefore the competent authorities should draw up the single document for them on the basis of their product specifications and send it for their approval.
Amendment 126 #
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) The Member States should establish details concerning the national stage procedure, but the admissibility of the opposition and the reasons for denying registration of a geographical indication have to be aligned with the ones on the Union stage.
Amendment 131 #
Proposal for a regulation
Recital 17
Recital 17
(17) It is possible for certain Member States to obtain a derogationpt out from the Member States’ obligation to designate a national authority in respect of geographical indications for craft and industrial products to take charge of the procedures for registration, national opposition, amendments to the product specification and cancellation of the registration under certain circumstances specified in this Regulation. That derogation, that should take the form of a Commission Decision,. That derogation can also takes into account the fact that certain Member States do not have a specific national system for the management of geographical indications for craft and industrial products and that the local interest in these countries to protect these geographical indications is minimal. Under these circumstances, it would not be justified to oblige the respective Member State to set up an infrastructure, employ the necessary personnel and purchase facilities for the management of these geographical indications. It is more effective and economical to provide an alternative procedure for the producer groups from these Member States to protect their products by a geographical indication. The “direct registration procedure” has cost advantages reaped by Member States. Pursuant to this derogation, procedures for registration, amendments to the product specification and cancellation should be managed directly by the Office. In this regard the Office should receive the effective assistance of the administrative authorities of that Member State when required by the Office, through designation of a contact point, as regards in particular aspects related to the examination of the application. In those cases, the Office should be entitled to charge a registration fee, considering that this procedure generates more work for the Office than the management of Union applications. However, the application of the “direct registration procedure” should not exempt Member States from the obligation to designate a competent authority for the controls and enforcement and to take the necessary actions to enforce the rights set out in this Regulation. The competent authority maintained or designated for the management of the geographical indications and the competent authority designated for the controls and enforcement may differ, when a Member State so decides.
Amendment 135 #
Proposal for a regulation
Recital 18
Recital 18
Amendment 138 #
Proposal for a regulation
Recital 22
Recital 22
(22) To ensure transparency and uniformity across Member States, it is necessary to establish and maintain an electronic Union register of geographical indications for craft and industrial products. The register should be an electronic database stored within an information system, and should be easily accessible to the public. The Union register of geographical indications for craft and industrial products should be developed, kept and maintained by the Office and also the personnel for its operation should be provided by the Office.
Amendment 139 #
Proposal for a regulation
Recital 27
Recital 27
(27) It is necessary to establish an Advisory Board, which is a pool of experts, composed of representatives from Member States and the Commission. The purpose of the Advisory Board is to provide the necessary local knowledge and expertise concerning certain products and knowledge about the local circumstances that may influence the outcome of the procedures laid down in this Regulation. In order to support the Office on its assessment of individual applications at any stage of the examination, opposition, appeal or other procedures with specific technical knowledge, the Geographical Indications Division or the Boards of Appeal, at its own initiative or at the request of the Commission, should have the possibility to consult the Advisory Board. The consultation, when necessary, should also include a general opinion on assessing quality criteria, establishing reputation and renowof a geographical indication, determining generic nature of a name, and assessing fair competition in commercial transactions and the risk of confusing consumers. The opinion of the Advisory Board should not be binding. The Advisory Board should also include experts in the field of the concerned product category, including from academia. The appointment procedure of the experts and the operation of the Advisory Board should be specified in the rules of procedure of the Advisory Board approved by the Management Board.
Amendment 143 #
Proposal for a regulation
Recital 36
Recital 36
(36) As it is the first time that an Union- wide geographical indication protection system for craft and industrial product is implemented, it is importantthe Commission, Member States and relevant stakeholders are encouraged to raise awareness among consumers, producers, especially MSMEs and public authorities at national, regional and local level about the initiative.
Amendment 146 #
Proposal for a regulation
Recital 40
Recital 40
(40) The added value of geographical indications is based on consumer trust. Such trust can only be well-founded if the registration of geographical indications is accompanied by effective verification and controls, including the producer’s due diligence.
Amendment 149 #
Proposal for a regulation
Recital 44
Recital 44
(44) Member States should have the possibility to allow producers to fulfil their obligation to perform due diligence by submitting a self-declaration to the competent authorities every three years, demonstrating their continued compliance. Producers should be required to renew their self-declaration immediately where there is an amendment to the product specification or a change affecting the concerned product. The use of self- declaration should not prevent producers from having their conformity fully or partially certified by eligible third parties. A third-party certification should be able to supplement a self-declaration but not replace it.
Amendment 152 #
Proposal for a regulation
Recital 46
Recital 46
Amendment 162 #
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Regulation applies to craft and industrial products listed under the combined nomenclature set out in Annex I to Council Regulation (EEC) No 2658/8724 __________________ 24 Council Regulation (EEC) N0 2685/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff Regulation (OJ L 256, 7.9.1987 p.1)creates a sui generis protection for the geographical indication of craft and industrial products.
Amendment 169 #
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) ‘craft products’ means products produced either totally by hand or with the aid of manual tools or by mechanical means, whenever the direct manual contribution is the most important component of the finished product;
Amendment 172 #
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) ‘industrial products’ means products produced in a standardised way, typically on mass scale and through the use of machines;
Amendment 173 #
Proposal for a regulation
Article 3 – paragraph 1 – point b a (new)
Article 3 – paragraph 1 – point b a (new)
(ba) “geographical indications” means an indication consisting of or containing the name of a geographical area, or another indication known as referring to such area, which identifies a good as originating in that geographical area, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin;
Amendment 215 #
Proposal for a regulation
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
(c) the specification of the defined geographical area creating the link referred to in point (g)as referred to in Article 5 point (b) and details establishing the link between the geographical area and a given quality, the reputation or other characteristic of the product,
Amendment 217 #
Proposal for a regulation
Article 7 – paragraph 1 – point g
Article 7 – paragraph 1 – point g
Amendment 239 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Where a Member State charges a fee, the level of the fees shall be reasonable, foster the competitiveness of the producers of the geographical indications and shall take into account the situation offoresee reductions for micro, small and medium- sized enterprises.
Amendment 244 #
Proposal for a regulation
Article 11 – paragraph 3 – point a a (new)
Article 11 – paragraph 3 – point a a (new)
(aa) The competent authority shall ensure that applicants can submit their applications electronically via the digital system of the Office according to Article 18 paragraph 1 and Article 64.
Amendment 247 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
The competent authority shall examine the application and shall check within six months from the submission of the application that the product complies with the requirements for geographical indications referred to in Article 5 and provides the necessary information for registration referred to in Articles 7, 8 and 9. Where the examination period exceeds or is likely to exceed 6 months, the competent authority shall inform the applicant of the reasons for the delay in writing.
Amendment 250 #
Proposal for a regulation
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
In case Article 8 (1a (new)) applies the competent authority shall prepare the single document on the basis of the information provided according to Articles 7 and 9 and send it to the applicant for approval.
Amendment 253 #
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. The competent authority shall establish the detailed arrangements of the opposition procedure. Those detailed arrangements may include criteria for the admissibility of an opposition, a period of consultation between the applicant and each national opponent, and submission of a report from the applicant on the outcome of the consultations including any changes the applicant has made to the applicationcheck the admissibility of the opposition. If it considers that the opposition is admissible, it shall, within 30 days after the receipt of that opposition, invite the opponent and the applicant to engage in consultations for a reasonable period not exceeding 3 months. At any time during that period, the competent authority may, at the request of either party, extend the time limit for the consultations by a maximum of 3 months.
Amendment 256 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. If the competent authority, after the examination of the application and the assessment of the results of any oppositions received, and any changes to the application agreed with the applicant, finds that the requirements of this Regulation are met, within two months it shall take a favourable decision and within two months from the favourable decision lodge a Union application for registration in accordance with Article 17.
Amendment 257 #
Proposal for a regulation
Article 15 – paragraph 1 – introductory part
Article 15 – paragraph 1 – introductory part
1. By way of derogation from Article 11, the Commission shall be empowered to exempt a Member Staa Member State can be exempted from the obligation to designate a competent authority in accordance with Article 11(1) and to handle the management of the applications of geographical indications for craft and industrial products at national level, if the Member State, by 6 months from the date of entry into force of this Regulation, provideinforms the Commission with evidence that shows that the following conditions are met:about its opt-out.
Amendment 259 #
Proposal for a regulation
Article 15 – paragraph 1 – point a
Article 15 – paragraph 1 – point a
Amendment 260 #
Proposal for a regulation
Article 15 – paragraph 1 – point b
Article 15 – paragraph 1 – point b
Amendment 261 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
Amendment 263 #
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. When a Member State makes use of the derogation in accordance with paragraph 1, the application from a producer groupn applicant of that Member State for registration, cancellation or amendment tof the product specification of a geographical indication originating in the Union shall be addressed directly to the Office. In case Article 8 (2) applies the Office shall also prepare the single document on the basis of the information provided according to Articles 7 and 9.
Amendment 264 #
Proposal for a regulation
Article 15 – paragraph 5
Article 15 – paragraph 5
Amendment 297 #
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. A publicly and easily accessible electronic Union register of geographical indications for craft and industrial products shall be developed, kept and maintained by the Office for the management of geographical indications for craft and industrial products.
Amendment 301 #
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. The Office shall ensure that any person is able to easily download an official extract from the Union register of geographical indications for craft and industrial products that provides proof of registration of the geographical indication, and the relevant data including the date of application for the registration of the geographical indication or other priority date. The official extract may be used as an authentic certificate in legal proceedings, in a court of law, in a court of arbitration or similar body.
Amendment 310 #
Proposal for a regulation
Article 29 – paragraph 1 – point b
Article 29 – paragraph 1 – point b
(b) where no product has been placed on the market under the geographical indication for at least a consecutive period of 75 years.
Amendment 324 #
Proposal for a regulation
Article 33 – paragraph 5
Article 33 – paragraph 5
5. The Advisory Board shall be composed of one representative of each Member State and, one representatives of the Commission and, their respective alternates and experts in the field of the concerned product category, including of academia.
Amendment 348 #
Proposal for a regulation
Article 40 – paragraph 1
Article 40 – paragraph 1
1. Member States shall regularly 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 work of the producer group.
Amendment 356 #
Proposal for a regulation
Article 40 – paragraph 2 a (new)
Article 40 – paragraph 2 a (new)
2a. Producer groups shall ensure that producers within the group continuously comply with the relevant product specification when using of the name and symbol in the market. They may: (a) monitor the commercial use of the geographical indication in the market; (b) develop activities related to ensuring compliance of a product designated by a geographical indication with its product specification; (c) take action to ensure adequate legal protection of the geographical indication, including, where appropriate, informing the competent authorities as referred to in Article 45(1).
Amendment 377 #
Proposal for a regulation
Article 45 – paragraph 2
Article 45 – paragraph 2
2. Competent authorities referred to in paragraph 1 shall be objective and impartial, and shall have at their disposal thesufficiently qualified staff and resources necessary toin order to efficiently carry out their functions.
Amendment 381 #
Proposal for a regulation
Article 47
Article 47
Amendment 382 #
Proposal for a regulation
Article 48 – paragraph 2
Article 48 – paragraph 2
2. The enforcement authority shall regularly carry out controls, based on a risk analysis and on notifications of interested producers of products designated by geographical indications, to ensure conformity with the product specification or the single document or an equivalent to the latter.
Amendment 388 #
Proposal for a regulation
Article 49 – paragraph 1
Article 49 – paragraph 1
1. Without prejudice to Article 46, Member States mayshall allow a self- declaration for the verification of compliance with the product specification. The producer shall submit such self- declaration to the competent authorities referred to in Article 45(1).
Amendment 389 #
Proposal for a regulation
Article 49 – paragraph 2
Article 49 – paragraph 2
2. Member States mayshall allow producers to submit a self-declaration once every 3 years to the competent authorities to ensure their continuous conformity with the product specification in the marketplace. Where the product specification is amended or changed in a way that affects the concerned product, the self-declaration shall be renewed immediately.
Amendment 390 #
Proposal for a regulation
Article 49 – paragraph 3
Article 49 – paragraph 3
Amendment 394 #
Proposal for a regulation
Article 53 – paragraph 2
Article 53 – paragraph 2
2. The Office shall make public the names and addresses of the competent authorities and product certification bodies referred to in Article 46(4) and update that information periodicallywhen changes occur.
Amendment 395 #
Proposal for a regulation
Article 53 – paragraph 3
Article 53 – paragraph 3
3. The Office mayshall establish a digital portal where the names and addresses of the competent authorities and delegated product certification bodies including natural persons referred to in paragraphs 1 and 2 are made public.
Amendment 397 #
Proposal for a regulation
Article 64 – paragraph 1
Article 64 – paragraph 1
The digital system referred to in Article 18(1) and the Union register of geographical indications for craft and industrial products referred to in Article 26 shall be developed, kept and maintained by the Office. The Office shall make that digital system easy accessible and design in such a way, that it can be used by the Member States for their national procedure according to Articles 11 (3 a new) and 18 (1).
Amendment 400 #
Proposal for a regulation
Article 68 – paragraph 2
Article 68 – paragraph 2
2. Eligible Member States shall provide the Commission by [six months after the date of entry into force of this Regulation] with the information requested in Article 15 in order to opt forif they wish to opt out and choose the “direct registration” procedure. On the basis of the information received, the Commission shall adopt a Decision on the right of the concerned Member State to opt for the “direct registration” procedure and hence, to not designate a national authority for the management at national level of the procedures for the application, amendment of the product specification and cancellation as referred to in Article 15.