19 Amendments of Nicolae ŞTEFĂNUȚĂ related to 2022/0115(COD)
Amendment 11 #
Proposal for a regulation
Recital 5
Recital 5
(5) Unitary protection throughout the Union for the intellectual property rights related to geographical indications can maintain value added and contribute to incentives for the production of quality products, the wide availability of such products for consumers and the creation of valuable and sustainable jobs including better employment opportunities for women and young people, that can hardly be outsourced, especially in rural and less- developed regions. In particular in view of the potential of geographical indications to contribute to sustainable and highly skilled jobs in rural and less developed regions, producers should aim at creating a substantial proportion of the value of the product designated by a geographical indication within the defined geographical area. Such trend should directly contribute to the economic development of less developed regions by reviving local industry and promoting tourism and ultimately, decrease EU dependence from global markets and positively support the EU recovery from the current cost-of- living crisis produced by Russia's unprovoked and unjustified military aggression against Ukraine.
Amendment 14 #
Proposal for a regulation
Recital 7
Recital 7
(7) Making geographically linked products is often based on local know-how and follows local production methods that are rooted in the cultural and, social, religious and ethnic heritage of the home region of such products. Efficient intellectual property protection has the potential to contribute to increased profitability and, attractiveness, preservation and promotion of the traditional craft professions. Specific geographical indication protection is acknowledged so as to safeguard and develop cultural heritage both in the agricultural and the craft and industrial areas. Establishing efficient procedures should be established for the registration of Union geographical indications within the internal market and in the international intellectual property registries and global databases is essential, to protecting the names of craft and industrial products, which take into account for regional and local specificities. The geographical indication system for craft and industrial products should ensure that the production and marketing traditions are maintained and enhanced.
Amendment 18 #
Proposal for a regulation
Recital 8
Recital 8
(8) IDrawing on the success of the GI system for wine, spirit drinks and agricultural products, it is therefore, necessary to firstly, ensure fairequal treatment and fair and open competition for producers of craft and industrial products in the internal market and in foreign markets; secondly, guarantee the availability and allow for full transparency and traceability to consumers of reliable information pertaining to such products; thirdly, safeguard and develop cultural heritage, social, religious, ethnic heritage, foster national identity and traditional know-how; fourthly ensure an efficient registration of geographical indications for craft and industrial products both for the Union and at international level; fifthly provide for an effective enforcement of intellectual property rights throughout the Union and in electronic commerce within the internal marke-commerce services, within the meaning of the Digital Services Act (DSA), within the internal market and by means of bilateral and multilateral agreements negotiated by the EU with trade partners which are not signatories to the Geneva Act of the Lisbon Agreement, and lastly, ensure the link with the international registration and protection system based on the Geneva Act.
Amendment 25 #
Proposal for a regulation
Recital 9
Recital 9
(9) To provide for a full coverage of craft and industrial products eligible for GI protection (i.e. those having characteristics, attributes or reputation linked to their place of production or manufacturing), the scope of this Regulation needs to be determined in line with the relevant international framework, namely, the World Trade Organization, in particular the Agreement on the Trade-Related Aspects of Intellectual Property Rights (TRIPS). Hence, the use of the Combined Nomenclature should be established through direct reference to Annex I to Council Regulation No 2658/8710 . This approach ensures coherence with the scope of the revised GI Regulation for agricultural products, foodstuff, wine and spirits. _________________ 10 Council Regulation (EEC) No 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).
Amendment 30 #
Proposal for a regulation
Recital 14
Recital 14
(14) To qualify for protection in the Member States, geographical indications should be registered only at Union level. However, with effect from the date of application for such registration at Union level, Member States should be able to grant temporary protection at national level without affecting the internal market of the Union 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 already protected in their country of origin, as no producer should be excluded from the GI system whether or not their country of origin recognizes the importance of investing in this instrument. The Office should carry out the corresponding procedures for geographical indications originating in third countries.
Amendment 36 #
Proposal for a regulation
Recital 23
Recital 23
(23) The Union negotiates international agreements, including those concerning the protection of geographical indications, with its trade partners. Protection of geographical indications for craft and industrial products throughout the Union can also stem from those agreements, irrespective of the international registrations provided under the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications or the application and registration system set out in this Regulation. In its negotiating capacity the Commission should make every effort to extend, update and improve protection of geographical indications pertaining to craft and industrial products with trade partners which are not signatories to the Geneva Act of the Lisbon Agreement by means of bilateral and multilateral agreements, to create symmetry in trade relations and ensure that EU craft and industrial products are reciprocally protected by our trade partners. In order to facilitate the provision to the public of information about the geographical indications protected in the Union either by virtue of the international registrations provided under the Geneva Act or by virtue of the international agreements with the Union trade partners, and in particular to ensure protection and control of the use to which those geographical indications are put, those geographical indications should be entered in the Union register of geographical indications for craft and industrial products.
Amendment 43 #
Proposal for a regulation
Recital 24
Recital 24
(24) For the optimal functioning of the internal market, it is important that producers and other operators concerned, authorities and consumers may quickly and easily have access to the relevant information concerning a registered protected geographical indication. Access to the relevant information should be reliable, free of charge and equally granted to all stakeholders interested.
Amendment 45 #
Proposal for a regulation
Recital 28
Recital 28
(28) Protection should be granted to names included in the Union register of geographical indications for craft and industrial products to ensure that they are used fairly and in order to prevent practices liable to mislead consumers. In order to strengthen geographical indication protection and to combat more effectively counterfeiting, both in online and offline environments, the protection of geographical indications should also apply to domain names on the internet, thus the establishment of an information and alert system at the EUIPO on the availability of GIs as domain name and on potential infringing domain registrations, requiring EU ccTLD registries to provide EUIPO with relevant information and data, is essential1a. Concerning the protection of geographical indications, it is also important to have due regard to the Agreement on Trade-Related Aspects of Intellectual Property Rights, and in particular Articles 22 and 23 thereof, and to the General Agreement on Tariffs and Trade including Article V thereof on freedom of transit, which were approved by Council Decision 94/800/EC15 . Within such legal framework, in order to strengthen geographical indication protection and to combat counterfeiting more effectively, such protection should also apply with regard to goods entering the customs territory of the Union without being released for free circulation, and placed under special customs procedures such as those relating to transit, storage, specific use or processing. _________________ This should be achieved in full conformity with Regulation (EU) No 608/2013 of 12 June 2013 concerning customs enforcement of intellectual property rights and repealing Council Regulation (EC) No1383/2003. _________________ 1a This will boost the already existing information and alert system set up by EUIPO – European Union Intellectual Property Office in collaboration with EURid for EUTMs and .eu domain names 15 Council Decision 94/800/EC of 22 December 1994 concerning the conclusion on behalf of the European Community, as regards matters within its competence, of the agreements reached in the Uruguay Round multilateral negotiations (1986- 1994) (OJ L 336, 23.12.1994, p. 1).
Amendment 49 #
Proposal for a regulation
Recital 35
Recital 35
(35) In order to avoid creating unfair conditions forand distortions of competition, any producer, including a third-country producer, should be able to use a registered geographical indication, provided that the product concerned complies with the requirements of the relevant product specification, or single document or equivalent to the latter i.e. a complete summary of the product specification and clearly specifies the method of controls and checks of conformity with the product specification undertaken. The system set up by the Member States should also guarantee that producers complying with the rules are covered by the verification of compliance of the product specification.
Amendment 54 #
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. The controls and checks should not only relate to the end product but also associate with the entire process of product development, including the inputs used and the working methods. A summary of the controls and checks undertaken should be made publicly available, as only transparent and traceable data and honest practices would contribute to the preservation of consumer trust, especially in the aftermath of the COVID-19 crisis which significantly enhanced the consumer demand for locally made craft and industrial products, but also increased the awareness with respect to their quality.
Amendment 58 #
Proposal for a regulation
Recital 42
Recital 42
(42) To guarantee compliance with the product specification after the product has been put up for sale on the market, the competent authorities should perform official controls in the marketplace on a risk analysis and with appropriate frequency considering the likelihood of non-compliances including fraudulent or deceptive practices. The performance of such controls should not be conducted less than once a year, and it should also consider including sporadic controls irrespective of the computed risk analysis.
Amendment 65 #
Proposal for a regulation
Recital 53
Recital 53
(53) 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 should be ensured to allow effective controls and its practicalities should be laid down. A registry of all EU Member States competent authorities nominated for administrative assistance should be drafted and made easily accessible to each national or regional point of contact for better inter-state cooperation to effectively exploit the benefits of a EU-wide geographical indication scheme.
Amendment 80 #
Proposal for a regulation
Article 5 – paragraph 1 – point c a (new)
Article 5 – paragraph 1 – point c a (new)
(c a) all imported products that will be part of the assembly of the final product must offer a guarantee that they have been produced in a sustainable way.
Amendment 93 #
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 ofould charge lower fees for micro, small and medium- sized enterprises (MSMEs).
Amendment 109 #
Proposal for a regulation
Article 19 – paragraph 4 – subparagraph 1 (new)
Article 19 – paragraph 4 – subparagraph 1 (new)
The Office may seek supplementary information from the Member State concerned if a change in a production method, that does not call into question a product’s quality, authenticity, reputation or characteristics attributable to its geographical origin, is due to innovation, whether technological or process-related, as openness to innovation and experimenting are crafts people’s main drivers of digital and green transition. Such change should not alter the registration process nor lead to withdrawal or to a new application process.
Amendment 121 #
Proposal for a regulation
Article 29 – paragraph 1 – point a
Article 29 – paragraph 1 – point a
(a) where compliance with the requirements for the product specification and proper methods of controls and checks of conformity with the product specification can no longer be ensured;
Amendment 126 #
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. The Board should also consider including hearings of recognized experts in the field of GIs on a case-by-case basis, and observers of representative business organizations.
Amendment 155 #
Proposal for a regulation
Article 45 – paragraph 1 – point b a (new)
Article 45 – paragraph 1 – point b a (new)
(b a) in case of any vulnerabilities identified whilst conducting verification and monitoring, these should be communicated to the Office as a matter of urgency.
Amendment 161 #
Proposal for a regulation
Article 48 – paragraph 4 a (new)
Article 48 – paragraph 4 a (new)
4 a. In terms of enforcement of geographical indications rights protection in the marketplace and of combating counterfeiting more effectively, the relevant authorities shall respect the guidelines and good practices measures, procedures and remedies set out in Directive 2004/48/EC of the European Parliament and in full conformity with the Council and European Parliament Regulation No 608/2013 of 12 June 2013 concerning customs enforcement of intellectual property rights and repealing Council Regulation (EC) No 1383/2003.