28 Amendments of Herbert DORFMANN related to 2010/0353(COD)
Amendment 46 #
Proposal for a regulation
Recital 4
Recital 4
(4) Assisting producers, by means of the operation of quality schemes, to be rewarded for their efforts to produce a diversity of quality products, can benefit the rural economy. This is particularly the case in less favoured areas and mountain areas, where the farming sector accounts for a significant part of the economy and production costs are high. In this way quality schemes contribute to and complement rural development policy as well as market and income support policies of the common agricultural policy (CAP).
Amendment 48 #
Proposal for a regulation
Recital 11
Recital 11
(11) The European Union has for some time been pursuing the aim of simplifying the regulatory environment of the CAP. This approach should also be applied to agricultural product quality policy Regulations, without in so doing calling into question the specificity of these products.
Amendment 51 #
Proposal for a regulation
Recital 19
Recital 19
(19) Ensuring uniform respect throughout the Union of the intellectual property rights related to names protected in the Union is also an priority objective that can be achieved more effectively at Union level.
Amendment 64 #
Proposal for a regulation
Recital 57
Recital 57
(57) The role of groups should be clarified and recognised. Groups play an essential role in the application process for the registration of names of designations of origin and geographical indications and traditional specialities guaranteed, including amendments of specifications and cancellation requests. The group can also develop activities related to the surveillance of the enforcement of the protection of the registered names, the compliance of the production with the product specification, the information and promotion of the registered name as well as in general any activity aiming to improve the value of the registered names and effectiveness of the quality schemes, as well as to monitor the position of the products on the market and to regulate this position within prescribed rules. Nevertheless, these activities should not facilitate nor lead to anti-competitive conduct incompatible with Articles 101 and 102 of the Treaty.
Amendment 76 #
Proposal for a regulation
Article 3 – point 2
Article 3 – point 2
(2) ‘group’ means any association, irrespective of its legal form, mainly composed of producers and/or processors working with the same product;, who are representative of the production of that product both in terms of the quantity produced and in terms of the number of producers and/or processors. The Commission shall, by means of delegated acts, lay down the conditions for such representativeness.
Amendment 85 #
Proposal for a regulation
Article 3 – point 6 a (new)
Article 3 – point 6 a (new)
(6a) 'production step' means one of the following: production, processing or preparation and labelling;
Amendment 96 #
Proposal for a regulation
Article 5 – paragraph 1 – point b – subpoint iii
Article 5 – paragraph 1 – point b – subpoint iii
(iii) at least one of the production steps of which, that are critical for fulfilling the conditions set out under (ii), takes place in the defined geographical area.
Amendment 101 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. In order to take into account the specificities related to certain sectors or areas, the Commission may, on a proposal from the applicant group and by means of delegated acts, adopt restrictions and derogations regarding the steps of production which shall take place in the defined geographical area or regarding the sourcing of raw materials.
Amendment 113 #
Proposal for a regulation
Article 8 – paragraph 2 – point a a (new)
Article 8 – paragraph 2 – point a a (new)
(aa) proof that the applicant group within the meaning of Article 46 is representative of producers of the product;
Amendment 115 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
A Member State may, on a transitional basis only, grant protection to a name or accept an amendment to a product specification under this Regulation at national level, with effect from the date on which an application is lodged with the Commission.
Amendment 125 #
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. In the case of products originating in the Union, marketed under a protected designation of origin or a protected geographical indication registered in accordance with the procedures laid down in this Regulation, the indications ‘protected designation of origin’ or ‘protected geographical indication’ or the Union symbols associated with them shall appear on the labelling. In addition,shall appear on the labelling immediately after the designation of origin. The associated Union symbols and/or the corresponding abbreviations "PDO" or "PGI" may appear on the labelling.
Amendment 128 #
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. In the case of products originating in the Union, marketed under a protected designation of origin or a protected geographical indication registered in accordance with the procedures laid down in this Regulation, the indications ‘protected designation of origin’ or ‘protected geographical indication’ or the Union symbols associated with them shall appear on the labelling. In addition, the corresponding abbreviations "PDO" or "PGI" may appear on the labelling. The name or business name or registered trade mark of the producer or at least one of the persons subject to official controls shall also appear on the labelling.
Amendment 134 #
Proposal for a regulation
Article 13 – paragraph 1 – point a
Article 13 – paragraph 1 – point a
(a) any direct or indirect commercial use of a registered name in respect of products not covered by the registration insofar as those products are comparable to the products registered under that name or insofar as using the name exploits the reputation of the protected name, including in cases where they are used as ingredients;
Amendment 135 #
Proposal for a regulation
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
(b) any misuse, imitation or evocation, even if the true origin of the product or service is indicated or if the protected name is translated or accompanied by an expression such as ‘style’, ‘type’, ‘method’, ‘as produced in’, ‘imitation’ or similar, in so far as those products or services are comparable to the products registered under that name or in so far as the misuse, imitation or evocation of the name exploits the reputation of the protected name, including when used as an ingredient;
Amendment 162 #
Proposal for a regulation
Article 23 – paragraph 3 – subparagraph 1
Article 23 – paragraph 3 – subparagraph 1
Amendment 181 #
Proposal for a regulation
Article 29 a (new)
Article 29 a (new)
Amendment 197 #
Proposal for a regulation
Article 33 – paragraph 1 a (new)
Article 33 – paragraph 1 a (new)
1a. Member States also designate the competent authorities to put in place the necessary administrative and judicial steps of article 13(3).
Amendment 198 #
Proposal for a regulation
Article 34 – paragraph 1 – subparagraph 2
Article 34 – paragraph 1 – subparagraph 2
The costs of such verification of compliance with the specifications mayshall be borne by the operators subject to those controls. The Member States may also contribute to the costs.
Amendment 205 #
Proposal for a regulation
Article 41 – paragraph 1 – introductory part
Article 41 – paragraph 1 – introductory part
1. Indications, abbreviations and symbols referring to the quality schemes may only be used in the labelling ofto identify products produced in conformity with the rules of the quality scheme to which they apply. This applies in particular to the following indications, abbreviations and symbols:
Amendment 207 #
Proposal for a regulation
Article 41 – paragraph 3
Article 41 – paragraph 3
3. The Commission shall adopt, by means of implementingdelegated acts, rules for the uniform protection of the indications, abbreviations and symbols referred to in paragraph 1.
Amendment 219 #
Proposal for a regulation
Article 42 – paragraph 1 – point d a (new)
Article 42 – paragraph 1 – point d a (new)
(da) take measures to enhance the value of products and, where necessary, take steps to prevent or counter any measures which tarnish, or are likely to tarnish the image of those products.
Amendment 226 #
Proposal for a regulation
Article 42 a (new)
Article 42 a (new)
Article 42a 1. In the public interest, with the overall objective of ensuring an increasing level of quality of the products covered by this Regulation, and a balance between production and consumption, in order to eliminate speculative behaviour that runs counter to competition rules and is detrimental to quality, Member States may lay down rules at the production level, by way of implementing decisions taken by groups of operators handling the PDO or PGI considered. Such rules shall be proportionate to the objective pursued and shall not: (a) allow for price fixing, including where prices are set for guidance or recommendation; (b) reduce an excessive proportion of the volume that is produced annually and normally available; (c) prevent the entry of new operators 2. The rules referred to in paragraph 1 must be brought to the attention of operators by publication in extenso in an official publication of the Member State concerned. 3. Decisions and actions taken by Member States in accordance with the provisions of this Article shall be notified to the Commission within 30 days.
Amendment 230 #
Proposal for a regulation
Article 43 – paragraph 2
Article 43 – paragraph 2
2. Operators preparing and storing a traditional speciality, protected designation of origin or protected geographical indication or who places such traditional speciality guaranteed, protected designation of origin and protected geographical indication on the market for the first time shall also be subject to the system of controls as referred to in Chapter I of this Title.
Amendment 236 #
Proposal for a regulation
Article 46 – paragraph 1 – subparagraph 1
Article 46 – paragraph 1 – subparagraph 1
Applications for registration of names under the quality schemes referred to in Article 45 may only be submitted by groups as defined in Article 3.
Amendment 238 #
Proposal for a regulation
Article 46 – paragraph 1 – subparagraph 2
Article 46 – paragraph 1 – subparagraph 2
Under exceptional conditions and only if no group exists for a product, a natural or legal person may be treated as a group.
Amendment 240 #
Proposal for a regulation
Article 47 – paragraph 1 – subparagraph 1
Article 47 – paragraph 1 – subparagraph 1
The Commission shall scrutinise by appropriate means an application received pursuant to Article 46, to check that it is justified and meets the conditions of the respective scheme. This scrutiny shouldmust not exceed a period of six months. This period shall be suspended, generally not more than once, should the Commission request any further information. The period shall resume once the Commission has received the information.
Amendment 248 #
Proposal for a regulation
Article 50 – paragraph 1 – subparagraph 1
Article 50 – paragraph 1 – subparagraph 1
1. A group as defined in Article 3 having a legitimate interest may apply for approval of an amendment to a product specification.
Amendment 250 #
Proposal for a regulation
Article 50 – paragraph 2 – subparagraph 1
Article 50 – paragraph 2 – subparagraph 1
2. Where the amendment involves one or more amendments to the specification that are not minor, the amendment application shall follow the procedure laid down in Articles 46, 47, 48 and 49. The scrutiny of the application shall focus exclusively on the proposed amendment.