22 Amendments of Nicolae ŞTEFĂNUȚĂ related to 2022/0089(COD)
Amendment 13 #
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) A unitary and exclusive system of geographical indications should contribute significantly to increase awareness, recognition and consumer understanding, both in the Union and in third countries, of the symbols, indications and abbreviations demonstrating participation in the European quality schemes and their added value, complementing Regulation (EU) No 1144/2014 of the European Parliament and of the Council of 22 October 2014 on information provision and promotion measures concerning agricultural products implemented in the internal market and in third countries.
Amendment 15 #
Proposal for a regulation
Recital 11
Recital 11
(11) The Union has for some time been aiming at simplifying the regulatory framework of the Common Agricultural Policy. This approach should also apply to regulations in the field of geographical indications, without calling into question the specific characteristics of each sector. In order to simplify the lengthy registration and amendment procedures, harmonised procedural rules for geographical indications for wine, spirit drinks and agricultural products should be laid down in a single legal instrument, while maintaining product specific provisions for wine in Regulation (EU) No 1308/2013, for spirit drinks in Regulation (EU) 2019/787 and for agricultural products in this Regulation. The procedures for the registration, amendments to the product specification and cancellation of the registration in respect of geographical indications originating in the Union, including opposition procedures, should be carried out by the Member States and the Commission. The Member States and the Commission should be responsible for distinct stages of each procedure, which should not result in disproportionate burdens nor entail excessive managing costs, especially for small producers. Member States should be responsible for the first stage of the procedure, which consists of receiving the application from the producer group, assessing it, including running a national opposition procedure, and, following the results of the assessment, submitting the application to the Commission. The Commission should be responsible for scrutinising the application in the second stage of the procedure, including running a worldwide opposition procedure, and taking a decision on granting the protection to the geographical indication or not. Geographical indications should be registered only at Union level. However, with effect from the date of application with the Commission for registration at Union level, Member States should be able to grant transitional protection at national level without affecting the internal market or international trade. The protection afforded by this Regulation upon registration should be equally available to geographical indications of third countries that meet the corresponding criteria and that are protected in their country of origin. The Commission should carry out the corresponding procedures for geographical indications originating in third countries.
Amendment 19 #
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. This register should enable easy access to the product specifications behind each geographical indication and quality schemes, regardless of whether they are from the EU or third- countries, including those recognised via trade agreements or via the mechanism foreseen in the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications1a. Any EU consumer should likewise be able to access the product specifications of all recognised geographical indications and quality schemes in the EU, including those recognised via a trade agreement or via the multilateral recognition system by the Geneva Act. _________________ 1a https://www.wipo.int/publications/en/detai ls.jsp?id=3983
Amendment 27 #
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) International trade agreements with particular provisions on the protection of designations of origin and geographical indications are of particular importance, as they provide market access and opportunities for economic growth and jobs for both EU and third countries right-holders, while protecting against unfair practices and safeguarding consumer safety and health.
Amendment 28 #
Proposal for a regulation
Recital 16 b (new)
Recital 16 b (new)
(16b) In order to unlock the full potential of designations of origin and geographical indications in international trade, this Regulation should be complemented with further cooperation and engagement with third countries through trade policy with a view to enhancing legislative frameworks for the protection and enforcement of designation of origin and geographical indications in third country markets, taking due consideration of the level of development of third countries.
Amendment 31 #
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18a) The Commission should promote the registration of small-scale geographical indications originating in the EU and in third countries, ensuring that the procedures in place do not result in disproportionate burdens nor entail excessive managing costs for those. In order to ensure fair competition and promote international trade, the rules under this Regulation should not therefore create discrimination nor constitute a barrier for potential applicants, particularly producers in the EU and third countries qualifying as micro, small or medium size enterprises.
Amendment 39 #
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. 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. Any geographical indication and quality schemes should be backed-up with robust verification and control systems, regardless of the origin of the product within or outside the Union. _________________ 30 OJ L 95, 7.4.2017, p. 1.
Amendment 45 #
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, as well as with third-countries, should be ensured to allow effective controls and its practicalities should be laid down.
Amendment 61 #
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) producers acting collectively have the necessary powers and responsibilities to manage their geographical indication, including to create value and to respond to societal demands for products resulting from sustainable production in its three dimensions of economic, environmental and social value, and to operate in the marketEuropean single market and international markets;
Amendment 74 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The registration and the protection of geographical indications is without prejudice to the obligation of producers to comply with other Union rules, in particular those relating to the placing of products on the market, sanitary and phytosanitary rules, environmental, social and animal welfare rules, the common organisation of the markets, the competition rules and the provision of food information to consumers. Compliance with these rules shall be verified by appropriate controls.
Amendment 78 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. An authority designated by a Member State or by a third country may be deemed to be an applicant producer group for the purposes of this Title, with respect to geographical indications of a spirit drink, if it is not feasible for the producers concerned to form a group by reason of their number, geographical location or organisational characteristics. In such case, the application referred to in Article 9(2) shall state those reasons.
Amendment 81 #
Proposal for a regulation
Article 8 – paragraph 4 a (new)
Article 8 – paragraph 4 a (new)
4a. The rules established under this Regulation shall not discriminate nor create barriers for all applicants, particularly for producers in the EU and third countries that qualify as micro, small or medium size enterprises within the meaning of the Annex to Recommendation 2003/361/EC.
Amendment 110 #
Proposal for a regulation
Article 23 – paragraph 5 a (new)
Article 23 – paragraph 5 a (new)
5a. The Commission shall also make public the applicable criteria and steps to decide the list of geographical indications protected under international agreements, in order to allow all interested parties, including small-scale geographical indications and those under 5 years of existence, to request the corresponding inclusion in the relevant list for their protection.
Amendment 111 #
Proposal for a regulation
Article 23 – paragraph 5 b (new)
Article 23 – paragraph 5 b (new)
5b. In the context of international trade agreements negotiations, the European Commission shall consult recognised producer groups with regard to the protection of their name.
Amendment 161 #
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. However, Title VI, Chapter 1, of Regulation (EU) 2017/625 shall not apply to controls of geographical indications.
Amendment 162 #
Proposal for a regulation
Article 39 – paragraph 3 a (new)
Article 39 – paragraph 3 a (new)
3a. Internal controls in paragraph 2 and third party verification in paragraph 3 will ensure compliance with current sanitary and phytosanitary rules and environmental, social and animal welfare standards.
Amendment 163 #
Proposal for a regulation
Article 39 – paragraph 6 a (new)
Article 39 – paragraph 6 a (new)
6a. The authority that will verify the specifications and compliance standards in accordance with paragraphs 3, "3-4" and 6, must have knowledge in environmental matters, and specifically in the control of legality in the use of water.
Amendment 171 #
Proposal for a regulation
Article 46 – paragraph 1 a (new)
Article 46 – paragraph 1 a (new)
All geographical indications and quality schemes originating in third countries should be backed-up by an equivalent level of verification of compliance and scrutiny to the level applicable to products originating in the EU, regardless of the specific process that has been followed to register or recognise them in the EU.
Amendment 172 #
Proposal for a regulation
Article 46 – paragraph 1 b (new)
Article 46 – paragraph 1 b (new)
Within the examination of geographical indications from third countries in paragraph 1, the compliance of these third countries with the environmental, health, social and animal welfare regulations contained in the European standards must be demonstrated.
Amendment 173 #
Proposal for a regulation
Article 46 – paragraph 1 c (new)
Article 46 – paragraph 1 c (new)
The Commission will approve equivalences of third countries with EU Member States once the requirements of paragraph 2 have been met.
Amendment 176 #
Proposal for a regulation
Article 47 – paragraph 1 – point e
Article 47 – paragraph 1 – point e
(e) user satisfaction, from both within and outside the EU.
Amendment 185 #
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 cvertification and accreditation procedures to apply in respect ofof compliance by competent authorities and product certification bodies referred to in paragraphs 2 and 5.