BETA

11 Amendments of Iuliu WINKLER related to 2022/0115(COD)

Amendment 66 #
Proposal for a regulation
Article 2 – paragraph 1
1. This Regulation applies to craft and industrinon- agricultural products listed under the combined nomenclature set out in Annex I to Council Regulation (EEC) No 2658/8724with the exclusion of agricultural products protected by Reg. no. 2019/787, Reg. no. 1308/2013 e Reg. no. 1151/2012 of the European Parliament and of the Council. _________________ 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)
2022/11/11
Committee: INTA
Amendment 68 #
Proposal for a regulation
Article 2 – paragraph 2
2. This Regulation does not apply to spirit drinks as referred in Regulation (EU) 2019/787 of the European Parliament and of the Council25 , wines as defined in Regulation (EU) No 1308/2013 of the European Parliament and of the Council26 , nor to agricultural products and foodstuffs as protected by Regulation (EU) No 1151/2012 of the European Parliament and of the Council27 . _________________ 25 Regulation (EU) 2019/787 of the European Parliament and of the Council of 17 April 2019 on the definition, description, presentation and labelling of spirit drinks, the use of the names of spirit drinks in the presentation and labelling of other foodstuffs, the protection of geographical indications for spirit drinks, the use of ethyl alcohol and distillates of agricultural origin in alcoholic beverages, and repealing Regulation (EC) No 110/2008 (OJ L 130, 17.5.2019, p. 1). 26 Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (OJ L 347 20.12.2013, p. 671). 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).deleted
2022/11/11
Committee: INTA
Amendment 69 #
Proposal for a regulation
Article 3 – paragraph 1 – point a
(a) ‘craft products’ means products produced either totallymade 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 productor digitized means, or whose design activity makes use of design tools, including those of a digital nature, under the direct supervision of the business owner (from design to manufacture);
2022/11/11
Committee: INTA
Amendment 72 #
Proposal for a regulation
Article 3 – paragraph 1 – point e
(e) ‘production step’ means any stage of production, processing or preparation, as illustrated in the product specification, up to the point, where the product is in a form to be placed on the internal market;
2022/11/11
Committee: INTA
Amendment 74 #
Proposal for a regulation
Article 3 – paragraph 1 – point g
(g) 'producer' means an operator engaged in anyone or more production steps of a product the name of which is protected as a geographical indication, including elaboration or processing activities, covered by the product specification;
2022/11/11
Committee: INTA
Amendment 83 #
Proposal for a regulation
Article 6 – paragraph 2
2. An authority designated by a Member State may be deemed to be an applicant producer group for the purposes of this Title, if it is not feasible for the producers concerned to form a group by reason of their number, geographical location or organisational characteristics. Where such representation takes place, the application referred to in Article 11(3) shall state these reasons for such representation.deleted
2022/11/11
Committee: INTA
Amendment 131 #
Proposal for a regulation
Article 36 – paragraph 1
1. Article 35 is without prejudice to the use of a geographical indication by producers in conformity with Article 43 to indicate that a manufactured product contains, as a part or component, a product designated by that geographical indication provided that such use is made in accordance with honest commercial practices and does not weaken, dilute, or is not detrimental to, the reputation of the geographical indicationdoes not violate the protection afforded by Article 35.
2022/11/11
Committee: INTA
Amendment 132 #
Proposal for a regulation
Article 37
Generic terms 1. Generic terms shall not be registered as a geographical indication. 2. To establish whether or not a term has become generic, account shall be taken of all relevant factors, in particular: (a) the existing situation in areas of consumption; (b) the relevant Union or national legal acts.Article 37 deleted
2022/11/11
Committee: INTA
Amendment 134 #
Proposal for a regulation
Article 39 – paragraph 1
A name shall not be registered as a geographical indication where, in the light of a trade mark’s reputation and renown, registration of the name proposed as a geographical indication could mislead the consumer as to the true identity of the product.deleted
2022/11/11
Committee: INTA
Amendment 141 #
Proposal for a regulation
Article 42 – paragraph 4
4. Without prejudice to paragraph 2 of this Article, a trade mark the use of which contravenes Article 35, which has been applied for, registered, or established by use in good faith within the territory of the Union, if that possibility is provided for by the legislation concerned, before the date on which the application for registration of the geographical indication is submitted to the Office, may continue to be used and renewed notwithstanding the registration of a geographical indication, provided that no grounds for invalidity or revocation of the trade mark exist under Directive (EU) 2015/243632 of the European Parliament and of the Council or Regulation (EU) 2017/1001. In such cases, the use of the geographical indication and that of the relevant trade mark shall be permitted. _________________ 32 Directive (EU) 2015/2436 of the European Parliament and of the Council of 16 December 2015 to approximate the laws of the Member States relating to trade marks (OJ L 336, 23.12.2015, p. 1).deleted
2022/11/11
Committee: INTA
Amendment 162 #
Proposal for a regulation
Article 48 – paragraph 5 a (new)
5 a. As provided in Art. 47(c), applicant producer groups as referred to in Article 6, which have obtained registration, shall be entitled to make reports to the authorities specified under paragraph (1) so that they carry out controls provided for in this title. In this case, at the request of the producer group, the authorities are required to provide feedback on the development of the process that began with the report itself.
2022/11/11
Committee: INTA