76 Amendments of Gabriel MATO related to 2022/0089(COD)
Amendment 60 #
Proposal for a regulation
Article 2 – paragraph 1 – point i a (new)
Article 2 – paragraph 1 – point i a (new)
(ia) 'sustainability undertaking' means an undertaking promoting sustainable production in its three dimensions, by contributing to one or more social, environmental and economic objectives.
Amendment 62 #
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) that 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 market;
Amendment 72 #
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. a fair return for producers for the qualities of their products
Amendment 73 #
Proposal for a regulation
Article 4 – paragraph 1 b (new)
Article 4 – paragraph 1 b (new)
1b. support to agricultural and processing activities and the farming systems associated with high-quality products, thereby contributing to the achievement of rural development policy objectives
Amendment 76 #
Proposal for a regulation
Article 7 – paragraph 1 – point g a (new)
Article 7 – paragraph 1 – point g a (new)
(ga) 'association of producer groups' means an organisation that promotes the interests of producers of products designated by different geographical indications.
Amendment 80 #
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 88 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. A producer group may agree on sustainability undertakings to be adhered to in the production of the product designated by a geographical indication. Such undertakings shall aim to apply a sustainability standard higher than mandated by Union or national law and go beyond good practice in significant respects in terms of social, environmental or economic undertakings. Such undertakings shall be specific, shall take account of existing sustainable practices employed for products designated by geographical indications, and may refer to existing sustainability schemes.
Amendment 91 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The sustainability undertakings referred to in paragraph (1) shallmay be included in the product specification.
Amendment 92 #
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
Amendment 94 #
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
Amendment 101 #
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
Amendment 109 #
Proposal for a regulation
Article 19 – paragraph 11
Article 19 – paragraph 11
Amendment 114 #
Proposal for a regulation
Article 25 – paragraph 10
Article 25 – paragraph 10
Amendment 116 #
Proposal for a regulation
Article 26 – paragraph 6
Article 26 – paragraph 6
Amendment 118 #
Proposal for a regulation
Article 27 – paragraph 1 – point a
Article 27 – paragraph 1 – point a
(a) any direct or indirect commercial use of the geographical indication in respect of products not covered by the registration, where those products are comparable to the products registered under that name or where use of a name exploits, weakens, dilutes, or is detrimental to the reputation of, the protected name, including where those products are used as ingredients;
Amendment 121 #
Proposal for a regulation
Article 27 – paragraph 1 – point b
Article 27 – paragraph 1 – point b
(b) any misuse, imitation or evocation, even if the true origin of the products or services is indicated or if the protected name is translated, transcribed, transliterated or accompanied by an expression such as ‘style’, ‘type’, ‘method’, ‘as produced in’, ‘imitation’, ‘flavour’, ‘like’ or similar, including when those products are used as ingredients.
Amendment 122 #
Proposal for a regulation
Article 27 – paragraph 1 – point c
Article 27 – paragraph 1 – point c
(c) any other false or misleading indication as to the provenance, origin, nature or essential qualities of the product that is used on the inner or outer packaging, advertising material, documents or information provided on websites or on domain names relating to the product concerned, and the packing of the product in a container liable to convey a false impression as to its origin;
Amendment 124 #
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
Amendment 126 #
Proposal for a regulation
Article 27 – paragraph 4 – point a a (new)
Article 27 – paragraph 4 – point a a (new)
(aa) goods produced in EU and destined to be exported and commercialised in third countries
Amendment 129 #
Amendment 144 #
Proposal for a regulation
Article 33 – paragraph 3 – point d a (new)
Article 33 – paragraph 3 – point d a (new)
Amendment 145 #
Proposal for a regulation
Article 33 – paragraph 3 a (new)
Article 33 – paragraph 3 a (new)
3a. In the context of international trade agreements negotiations, the European Commission shall consult recognised producer groups with regards to the protection of their name
Amendment 150 #
Proposal for a regulation
Article 33 a (new)
Article 33 a (new)
Amendment 153 #
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. Country-code tTop-level domain 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 155 #
Proposal for a regulation
Article 34 – paragraph 3
Article 34 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts in accordance withArticle84 supplementing this Regulation by provisions entrusting EUIPO to establish and manage a domain name information and alert system that would provide the applicant, upon the submission of an application for a geographical indication, with information about the availability of the geographical indication as a domain name and, on optional basis, the registration of a domain name identical to their geographical indication. ThatEUIPO may be empowered under those delegated acts to monitor registration of domain names in the Union which could conflict with the names included in the Union register of geographical indications. Those delegated act shall also include the obligation for registries of country-code top-level domain names, established and the EURid, operating in the Union, to provide EUIPO with the relevant information and data.
Amendment 169 #
Proposal for a regulation
Article 46 – paragraph 1
Article 46 – paragraph 1
Amendment 174 #
Proposal for a regulation
Article 47 – paragraph 1 – introductory part
Article 47 – paragraph 1 – introductory part
1. Where the Commission exercises any of the empowerments provided for in this Regulation to entrust tasks to EUIPO, it shall also be empowered to adopt delegated acts in accordance with Article 84 to supplement this Regulation by criteria for monitoring performance in the execution of such tasks. Such criteria mayshall include, in particular :
Amendment 178 #
Proposal for a regulation
Article 47 – paragraph 2
Article 47 – paragraph 2
2. No later than 52 years after the first delegation of any tasks to EUIPO, the Commission shall prepare and submit a report to the European Parliament and to the Council on the results and experience of the exercise of these tasks by EUIPO.
Amendment 208 #
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) geographical indications for wine, spirit drinks and agricultural products.
Amendment 235 #
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) ‘traditional’ and ‘tradition’, associated with a product originating in a geographical area, means proven historical usage of the name by producers in a community for a period that allows transmission between generations; this period is to be at least 30 years and the said usage may embrace modifications necessitated by changing hygiene and safety practices;
Amendment 241 #
Proposal for a regulation
Article 2 – paragraph 1 – point f
Article 2 – paragraph 1 – point f
(f) ‘product certificationdelegated bodies’ means bodies within the meaning of Title II, Chapter III, of Regulation (EU) 2017/625 which certify that products designated by geographical indications or traditional specialities guaranteed comply with the product specification.
Amendment 253 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The Commission and the Member States shall process and make public the personal data received in the course of the procedures for registration, approval of amendments, cancellation, opposition, granting of transitional period and control pursuant to this Regulation, Regulation (EU) No 1308/2013 and Regulation (EU) 2019/787, in accordance with Regulations (EU) 2018/1725 and (EU) 2016/679.
Amendment 275 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. This Title covers wine, spirit drinks and agricultural products, including foodstuffs and fishery and aquaculture products, listed under Chapters 1 to 23 of the combined nomenclature set out in Annex I to Council Regulation (EEC) No 2658/8743 , and the additional agricultural products under the combined nomenclature headings and codes set out in Annex I to this Regulation. _________________ 43 Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).
Amendment 285 #
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) ‘geographical indication’, unless otherwise stated, means designations of origin and geographical indications of wine, as defined in Article 93 of Regulation (EU) No 1308/2013, designations of origin and geographical indications of agricultural products, as defined in Article 48 of this Regulation and geographical indications of spirit drinks, as defined in Article 3(4) of Regulation (EU) 2019/787, that are applied for or entered in the Union register of geographical indications referred to in Article 23;
Amendment 291 #
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
Amendment 315 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The Member State shall scrutinise the application for registration in order to check that it meets the conditions for registration of the respective provisions for wine, spirit drinks or agricultural products as appropriate.
Amendment 326 #
Proposal for a regulation
Article 11 – paragraph 1 – point a
Article 11 – paragraph 1 – point a
Amendment 332 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. A producer group may agree on sustainability undertakings to be adhered to in the production of the product designated by a geographical indication. Such undertakings shall aim to apply a sustainability standard higher than mandated by Union or national law and go beyond good practice in significant respects in terms of social, environmental or, economic or animal health and welfare undertakings. Such undertakings shall be specific, shall take account of existing sustainable practices employed for products designated by geographical indications, and may refer to existing sustainability schemes.
Amendment 354 #
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
Amendment 361 #
Proposal for a regulation
Article 13 – paragraph 1 – point a
Article 13 – paragraph 1 – point a
Amendment 366 #
Proposal for a regulation
Article 14 – paragraph 1 – point c – point i
Article 14 – paragraph 1 – point c – point i
Amendment 381 #
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. The Commission shall scrutinise anyconduct the examination of the application for registration that it receives pursuant to Article 16(1). Such scrutiny shall consist of a check that there are no manifest errors,. The Commission shall verify that the information provided in accordance with Article 15 is complete and that the single document referred to in Article 13 is precise and technical in nature. It shall take into account the outcome of the national procedure carried out by the Member State concerned. It shall focus in particular on the single document referred to in Article 13.
Amendment 388 #
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. Where, based on the scrutiny carried out pursuant to paragraph 1, the Commission considers that the conditions laid down in this Regulation and in Regulations (EU) No 1308/2013 and (EU) 2019/787, as appropriate, are fulfilled, it shall publish in the Official Journal of the European Union the single document and the reference to the publication of the product specification.
Amendment 400 #
2. The Commission shall be exempted from the obligation to meet the deadline to perform the scrutiny referred to in Article 17(2) and toshall inform the applicant of the reasons for the delay where it receives a communication from a Member State, concerning an application for registration in accordance with Article 9(6), which:
Amendment 411 #
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. An opposition shall claim that the application could infringe the conditions laid down in this Regulation, Regulations (EU) No 1308/2013 or (EU) 2019/787, as appropriate, and give reasons. An opposition that does not contain the said claim shall be void.
Amendment 414 #
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
4. The Commission shall checkonduct the examination of the admissibility of the opposition. If the Commission considers that the opposition is admissible, it shall, within 5 months from the date of publication in the Official Journal of the European Union invite the authority or the person that lodged the opposition and the authority or the applicant producer group that lodged the application to engage in appropriate consultations for a reasonable period that shall not exceed 3 months. At any time during that period, the Commission may, at the request of the authority or the applicant producer group, extend the deadline for the consultations by a maximum of 3 months.
Amendment 420 #
Proposal for a regulation
Article 19 – paragraph 5
Article 19 – paragraph 5
5. The authority or the person that lodged the opposition and the authority or applicant producer group that lodged the application shall start appropriate consultations without undue delay. They shall provide each other with the relevant information to assess whether the application for registration complies with this Regulation, Regulations (EU) No 1308/2013 or (EU) 2019/787, as appropriate.
Amendment 434 #
Proposal for a regulation
Article 20 – paragraph 1 – point a
Article 20 – paragraph 1 – point a
(a) the proposed geographical indication does not comply with the definition of the geographical indication or with the requirements referred to in this Regulation, Regulation (EU) No 1308/2013 or Regulation (EU) 2019/787 as the case may be;
Amendment 453 #
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. Where a producer group has been recognised by the national authorities in accordance with Article 33, or a third country authority, that group shall be identified as the representatives of the rights' holder of the geographical indication in the Union register of geographical indications and in the official extract referred to in paragraph (1).
Amendment 460 #
Proposal for a regulation
Article 25 – paragraph 1 a (new)
Article 25 – paragraph 1 a (new)
1a. Where a recognised producer group does not exist, a producer group or in exceptional and duly justified cases, an individual producer which is the only producer having a legitimate interest may apply for the approval of an amendment to the product specification of a registered geographical indication;
Amendment 464 #
Proposal for a regulation
Article 25 – paragraph 2 a (new)
Article 25 – paragraph 2 a (new)
2a. Where a recognised producer group does not exist, a producer group or in exceptional and duly justified cases, an individual producer which is the only producer having a legitimate interest may apply for the approval of an amendment to the product specification of a registered geographical indication.
Amendment 474 #
Proposal for a regulation
Article 25 – paragraph 7
Article 25 – paragraph 7
7. Applications for Union amendments submitted by a third country or by producers groups, or in exceptional and duly justified case an individual producer in a third country shall contain proof that the requested amendment complies with the laws on the protection of geographical indications in force in that third country.
Amendment 496 #
Proposal for a regulation
Article 26 – paragraph 6
Article 26 – paragraph 6
Amendment 517 #
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
Amendment 533 #
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. The name of a geographical indication designating a productproduct used as an ingredient shall notmay be used in the food name of the related processed product, except in cases of an agreement with a producer group representing two thirds of the producers, labelling or packaging device or advertising of a processed product subject to the existence of authorisation and control provisions to allow the recognised producer group to ensure a fair use of the GI name.
Amendment 547 #
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. A producer group shall be set up on the initiative of interested stakeholders, including farmers, farm suppliers, intermediate processors and finaland may be composed of producers or processors, as specified by the competent national authorities with regard to constitution rules, and according to the nature of the product concerned. Member States shall verify that the producer group operates in a transparent and democratic manner and that all producers of the product designated by theWithout prejudice to Article 32.2, national authorities may, in accordance with national laws, define the tasks, powers and responsibilities granted to a producer group. Member States may lay down rules to ensure that only one group can operate for each geographical indication enjoy right ofand that membership inof the group. Member States may provide that public officials, and other stakeholders such as consumer groups, retailers and suppliers, also participate in the works of the producer group. and participation in operating costs is compulsory for all GI producers. A producer group may be set up at the initiative of a Member State.
Amendment 554 #
Proposal for a regulation
Article 32 – paragraph 2 – point b
Article 32 – paragraph 2 – point b
(b) take legal action, including but not limited to action before the civil and criminal courts, to ensure protection of the geographical indication and of the intellectual property rights that are directly connected with it;
Amendment 556 #
Proposal for a regulation
Article 32 – paragraph 2 – point c
Article 32 – paragraph 2 – point c
(c) agree sustainability undertakings, whether or not included in the product specification or as a separate initiative, including arrangements for verification of compliance with those undertakings and assuring adequate publicity for them notably in an information system provided by the Commission;
Amendment 576 #
Proposal for a regulation
Article 33 – paragraph 3 – point c a (new)
Article 33 – paragraph 3 – point c a (new)
(ca) to be consulted in regard to the protection of their name, in the context of international trade negotiations;
Amendment 616 #
Proposal for a regulation
Article 37 – paragraph 7
Article 37 – paragraph 7
Amendment 625 #
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 certificationdelegated bodies 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 626 #
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 certificationdelegated bodies 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 635 #
Proposal for a regulation
Article 39 – paragraph 3 – point b
Article 39 – paragraph 3 – point b
(b) one or more product certificationdelegated bodies to which responsibilities have been delegated as referred to in Regulation (EU) 2017/625, Title II, Chapter III.
Amendment 637 #
(b) one or more product certificationdelegated bodies.
Amendment 640 #
Proposal for a regulation
Article 40 – title
Article 40 – title
Public information on competent authorities and product certificationdelegated bodies
Amendment 641 #
Proposal for a regulation
Article 40 – paragraph 1
Article 40 – paragraph 1
1. Member States shall make public the names and addresses of the competent authorities and product certificationdelegated bodies referred to in Article 39(3) and keep that information up-to-date.
Amendment 642 #
Proposal for a regulation
Article 40 – paragraph 2
Article 40 – paragraph 2
2. The Commission shall make public the names and addresses of the competent authorities and product certificationdelegated bodies referred to in Article 39(4) and update that information periodically.
Amendment 643 #
Proposal for a regulation
Article 40 – paragraph 3
Article 40 – paragraph 3
3. The Commission may establish a digital portal where the names and addresses of the competent authorities and product certificationdelegated bodies referred to in paragraphs 1 and 2 are made public.
Amendment 644 #
Proposal for a regulation
Article 41 – title
Article 41 – title
Accreditation of product certificationdelegated bodies
Amendment 645 #
Proposal for a regulation
Article 41 – paragraph 1 – introductory part
Article 41 – paragraph 1 – introductory part
1. The product certificationdelegated bodies referred to in Article 39(3), point (b) and Article 39(4), point (b) shall comply with and be accredited in accordance with:
Amendment 660 #
Proposal for a regulation
Article 45 – paragraph 2
Article 45 – paragraph 2
2. The proof of certificationompliance referred to in paragraph 1 shall be made available on request to enforcement authorities, customs or other authorities in the Union engaged in verifying the use of geographical indications on goods declared for free circulation or placed on the internal market. The producer may make the proof of certificationompliance available to the public or to any person who requests such proof in the course of business.
Amendment 688 #
Proposal for a regulation
Article 48 – paragraph 3 – point b
Article 48 – paragraph 3 – point b
(b) products and/or products names that, without prejudice to the rules referred to in Article 5(2), are contrary to public policy or to accepted principles of morality and may not be placed on the internal market.
Amendment 690 #
Proposal for a regulation
Article 48 – paragraph 5
Article 48 – paragraph 5
5. For the purposes of paragraphs (1), point (b) and (2), point (b), ‘other characteristic’ may include traditional production practices, traditional product attributes and farming practices that protect environmental value including biodiversity, habitats, nationally recognised environmental zones and landscape.
Amendment 693 #
Proposal for a regulation
Article 48 – paragraph 6 a (new)
Article 48 – paragraph 6 a (new)
6a. In duly justified cases and in order to take into account natural constraints affecting agricultural production in certain mountain or disadvantaged areas, the Commission shall be empowered to adopt a delegated act laying down the conditions under which slaughtering can take place outside of the geographical area;
Amendment 745 #
Proposal for a regulation
Article 81 – paragraph 1 – point 2
Article 81 – paragraph 1 – point 2
Regulation (EU) 1308/2013
Article 94
Article 94
Amendment 758 #
Proposal for a regulation
Article 81 – paragraph 1 – point 3
Article 81 – paragraph 1 – point 3