Activities of Paolo DE CASTRO related to 2022/0089(COD)
Plenary speeches (5)
Geographical Indications for wine, spirit drinks and agricultural products (debate)
Geographical Indications for wine, spirit drinks and agricultural products (debate)
Geographical Indications for wine, spirit drinks and agricultural products (A9-0173/2023 - Paolo De Castro) (vote)
Geographical Indications for wine, spirit drinks and agricultural products (debate)
Geographical Indications for wine, spirit drinks and agricultural products (debate)
Reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council on European Union geographical indications for wine, spirit drinks and agricultural products, and quality schemes for agricultural products, amending Regulations (EU) No 1308/2013, (EU) 2017/1001 and (EU) 2019/787 and repealing Regulation (EU) No 1151/2012
Amendments (15)
Amendment 161 #
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
(24a) Member States should be able to provide that the contribution to costs associated with the exercise of powers and responsibilities by the recognised producer group is compulsory for all producers of products designated by that geographical indication.
Amendment 175 #
Proposal for a regulation
Recital 39
Recital 39
(39) The procedures for registration, amendment and cancellation of geographical indications, including the scrutiny and the opposition procedure, should be carried out in the most efficient way. This can be achieved by using the assistance for the scrutiny of the applications provided by the European Union Intellectual Property Office (EUIPO). While a partial outsourcing to EUIPO has been considered, the Commission would remain responsible for registration, amendment and cancellation, due to a strong relation with the Common Agricultural Policy and to the expertise needed to ensure that specificities of wine, spirit drinks and agricultural products are adequately assessed.
Amendment 192 #
Proposal for a regulation
Recital 55
Recital 55
(55) Provisions concerning geographical indications in Regulations (EU) No 1308/2013, concerning the wine sector, and (EU) 2019/787, concerning the spirit drinks sector, need to be amended in order to align them to the common rules on registration, amendment, opposition, cancellation, protection and controls of the geographical indications set out in this Regulation. In particular for wine, additional changes are needed to the definition of protected geographical indications in line with the Trade Related Agreement on Intellectual Property. For reasons of consistency with this Regulation, the provision on the tasks of the EUIPO laid down in Regulation (EU) 2017/1001 of the European Parliament and of the Council33 should also be amended. _________________ 33 Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade mark (OJ L 154, 16.6.2017, p. 1).
Amendment 197 #
Proposal for a regulation
Recital 56
Recital 56
(56) In order to supplement or amend certain non-essential elements of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of defining sustainability standards and laying down criteria for the recognition of existing sustainability standards; clarifying or adding items to be supplied as part of accompanying information; entrusting the EUIPO with the tasks related to scrutiny for opposition and the opposition procedure,the tasks related to operation of the register, publication of standard amendments to a product specification, consultation in the context of the cancellation procedure, establishment and management of an alert system informing applicants about the availability of their geographical indication as a domain namedevelopment of a Union alert system to fight against online counterfeiting of geographical indications, informing applicants about the availability of their geographical indication as a domain name, monitoring of the registration of domain names in the Union which would conflict with the names included in the Union register of geographical indications, scrutiny of third country geographical indications other than geographical indications under the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications34 , proposed for protection pursuant to international negotiations or international agreements;, establishing appropriate criteria for monitoring performance of the EUIPO in the execution of the tasks entrusted to it; laying down additional rules on the use of geographical indications to identify ingredients in processed products; laying down additional rules for determining the generic status of terms;, establishing the restrictions and derogations with regard to the sourcing of feed in the case of a designation of origin;, establishing restrictions and derogations with regard to the slaughtering of live animals or with regard to the sourcing of raw materials; laying down rules for determining the use of the denomination of a plant variety or of an animal breed; laying down rules which limit the information contained in the product specification for geographical indications and traditional specialities guaranteed; laying down further details of the eligibility criteria for traditional specialities guaranteed; laying down additional rules to provide for appropriate certification and accreditation procedures to apply in respect of product certification bodies; laying down additional rules to further detail protection of traditional specialities guaranteed; laying down for traditional specialities guaranteed additional rules for determining the generic status of terms, conditions for use of plant variety and animal breed denominations, and relation to intellectual property rights; defining additional rules for joint applications concerning more than one national territory and complementing the rules of the application process for traditional specialities guaranteed guaranteed; complementing the rules for the opposition procedure for traditional specialities guaranteed to establish detailed procedures and deadlines; supplementing the rules regarding the amendment application process for traditional specialities guaranteed; supplementing the rules regarding the cancellation process for traditional specialities guaranteed; laying down detailed rules relating to the criteria for optional quality terms; reserving an additional optional quality term, laying down its conditions of use; laying down derogations to the use of the term ‘mountain product’ and establishing the methods of production, and other criteria relevant for the application of that optional quality term, in particular, laying down the conditions under which raw materials or feedstuffs are permitted to come from outside the mountain areas. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making35 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 34 https://www.wipo.int/publications/en/detail s.jsp?id=3983 35 OJ L 123, 12.5.2016, p. 1.
Amendment 201 #
Proposal for a regulation
Recital 57 a (new)
Recital 57 a (new)
(57a) Producer groups should prepare a sustainability report comprised of a description of the impact on sustainability of the method of obtaining the product designated by a geographical indication, and of the information necessary to understand how sustainability affects the development, performance and position of that product.
Amendment 215 #
Proposal for a regulation
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) traditional specialities guaranteed; and optional quality terms for agricultural products.
Amendment 217 #
Proposal for a regulation
Article 1 – paragraph 1 – point b a (new)
Article 1 – paragraph 1 – point b a (new)
(ba) optional quality terms for agricultural products.
Amendment 508 #
Proposal for a regulation
Article 27 – paragraph 1 – point b
Article 27 – paragraph 1 – point b
(b) any misuse, counterfeiting, imitation or evocation, even if the true origin of the products or services is indicated or if the protected name is translated or accompanied by an expression such as ‘style’, ‘type’, ‘method’, ‘as produced in’, ‘imitation’, ‘flavour’, ‘like’ or similar.
Amendment 560 #
Proposal for a regulation
Article 32 – paragraph 2 – point d – point ii
Article 32 – paragraph 2 – point d – point ii
(ii) dissemination of information and promotion activities aiming at communicating the attributes of the product designated by a geographical indication to consumers, including the development of tourism services relating to sustainable and responsible rural tourism in the geographical area referred to in the product specification;
Amendment 563 #
Proposal for a regulation
Article 32 – paragraph 2 a (new)
Article 32 – paragraph 2 a (new)
2a. By way of derogation from paragraph 2 of this Article, Member States may decide to grant one, two or more, or all of the powers and responsibilities referred to in that paragraph only to the recognised producer groups referred to in Article 33.
Amendment 572 #
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
2. A producer group may be designated as recognised producer group subject to a prior agreement concluded between at least two-thirds of the producers of the product bearing a geographical indication, accounting for at least two-thirds of the production of that product in the geographical area referred to in the product specification. As an exception, Member States may confer on an authority, as referred to in Article 8(2), and on a single producer, as referred to in Article 8(3), shall be deemed to be a recognised producer groupthe powers and responsibilities referred to in paragraph 3 of this Article and in Article 32(2).
Amendment 589 #
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. Country-code top-level dDomain name registries establishedoperating in the Union may,shall, ex-officio or upon the request of a natural or legal person having a legitimate interest or rights, revoke or transfer a domain name registered under such country-code top- level domain to the recognised producer group of the products with the geographical indication concerned, following an appropriate alternative dispute resolution procedure or judicial procedure, if such domain name has been registered by its holder without rights or legitimate interest in the geographical indication or if it has been registered or is being used in bad faith and its use contravenes Article 27.
Amendment 590 #
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. Country-code top-level dDomain name registries establishedoperating in the Union shall ensure that any alternative dispute resolution procedure established to solve disputes relating to the registration of domain names referred to in paragraph (1), shall recognise geographical indications as rights that may prevent a domain name from being registered or used in bad faith.
Amendment 707 #
Proposal for a regulation
Article 54 – paragraph 2 – subparagraph 2
Article 54 – paragraph 2 – subparagraph 2
For the purposes of this Chapter, agricultural products means agricultural products intended for human consumption listed in Annex I to the Treaty on the Functioning of the European Union and other agricultural products and foodstuffs listednot listed in that Annex but processed using products listed in that Annex, set out in Annex II to this Regulation.
Amendment 803 #
Proposal for a regulation
Annex II – paragraph 1 – point i a (new)
Annex II – paragraph 1 – point i a (new)
(ia) cigars,