Progress: Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | JURI | ROZIÈRE Virginie ( S&D) | ESTARÀS FERRAGUT Rosa ( PPE), DZHAMBAZKI Angel ( ECR), WIKSTRÖM Cecilia ( ALDE), ANDERSSON Max ( Verts/ALE) |
Committee Opinion | CULT | DIACONU Mircea ( ALDE) | Emma McCLARKIN ( ECR), Curzio MALTESE ( GUE/NGL), Momchil NEKOV ( S&D) |
Committee Opinion | IMCO | DANTI Nicola ( S&D) | Robert ROCHEFORT ( ALDE), Ulrike TREBESIUS ( ECR) |
Committee Opinion | INTA | MOSCA Alessia Maria ( S&D) | Emma McCLARKIN ( ECR), Tokia SAÏFI ( PPE) |
Lead committee dossier:
Legal Basis:
RoP 54
Legal Basis:
RoP 54Subjects
- 2.10.03 Standardisation, EC/EU standards and trade mark, certification, compliance
- 3.50.15 Intellectual property, copyright
- 3.50.16 Industrial property, European patent, Community patent, design and pattern
- 4.45.06 Heritage and culture protection, movement of works of art
- 4.60.02 Consumer information, advertising, labelling
Events
The European Parliament adopted by 608 votes to 43, with 43 abstentions, a resolution on the possible extension of geographical indication (GI) protection of the European Union to non-agricultural products, in response to the Commission Green Paper on the same issue.
European legislative proposal : whilst welcoming the Commission’s initiative of consulting stakeholders in order to determine whether EU geographical indication (GI) protection could be extended to cover non-agricultural products, as well as the outcome of the consultation which was concluded in October 2014, Parliament clearly favoured an EU system of protection based on geographical indications for non-agricultural products, as part of a broader strategy for promoting high-quality EU products. It asked the Commission to propose a legislative proposal with the aim of establishing a single European system of protection of geographical indications for non-agricultural products , and of ensuring that the effects of the new system on producers, their competitors, consumers and Member States were fully considered.
Members stressed that such an instrument would need to be accompanied by information and communication campaigns.
Benefits of a uniform protection at EU level : Parliament stressed that it would be highly recommended for the EU to adopt legislation on non-agricultural GIs, in order to: (i) fully exploit the positive economic effects of protecting the distinctiveness and quality of such products, (ii) provide consumers with reliable information on their place and method of production, and (iii) preserve the know-how and jobs relating to them.
The resolution emp hasised that the recognition of protection of non-agricultural GIs and traditional, high-quality know-how:
was both a defensive and offensive interest in the framework of the common commercial policy; fostered innovation and the creation of new start-ups, in particular for small enterprises and micro-enterprises, which were the source of 80 % of typical locally-made products that could be protected under the geographical indications system; combatted counterfeit or imitation products ; ensured a more socially, economically and environmentally sustainable approach to economic development inside and outside the EU; contributed to fair competition and consumer protection; help stop the depopulation and destruction of rural areas and the flow of young people leaving these areas.
Parliament recognised the importance of investing in education and training in this field, and encouraged Member States to make optimal use of the available EU funding and programmes for the support of vocational training for specialists involved in the production and promotion of environment-friendly local and regional artisanal and industrial products. It also e ncouraged the Member States to exchange good practices in creating and supporting initiatives aimed at stimulating the traditional artisanal sector.
Relations with third countries : Members considered that open-ended lists of all products, both agricultural and non-agricultural, that were protected by geographical indications should be incorporated into future EU trade agreements with non-member countries.
Extending the scope of the GI protection system to cover non-agricultural products could: (i) help make the EU’s position on GIs even stronger and more cogent, in multilateral forums; (ii) stimulate European exports and gain market share while achieving international recognition of the products in question; (iii) strengthen the Union’s hand in the WTO; (iv) be an advantage in negotiating trade agreements with third countries.
The Commission was called upon to include in its upcoming communication on the EU’s trade and investment strategy a coherent and well-prepared strategy for all GIs , which ensures that they are observed and recognised.
Protection at EU level : Parliament asked the Commission to create a system based on best practices and transparent and non-discriminatory principles, which was effective, responsive and free of unnecessary administrative burdens and deterrent costs for producers who voluntarily decide to register a product under a geographical indication scheme.
Such a system should ensure strict controls and should include appropriate means of dealing with fraud. Furthermore, the system should:
represent a guarantee which is intuitively perceptible to consumers who sought high-quality products in terms of authenticity and origin which have a strong link to the geographical area concerned and are supported by reliable and clear information; have a broad definition that would make it possible to recognise the link between a product and the area covered enabling the inclusion of names which, though not geographical, were unambiguously associated with a given place. Members recommend that the protection scheme should include non-verbal signs and symbols that were unmistakably associated with a particular region.
The label/distinguishing sign/mark/logo for non-agricultural GIs should be simple and easily recognisable, should reflect the regional/local identity of the goods, and should be expressed in at least the language of the product’s place of origin and that of the country into which it is imported.
Registration process : Parliament recommended a compulsory registration procedure , as this would provide greater security, especially as regards the enforcement of rights in the event of a dispute. Registration should take place in two stages :
firstly, on-the-spot checks should be made by national or regional authorities to ascertain that specific characteristics are not being interfered with; secondly, there should be a single European registration system to ensure compliance with common criteria in all parts of the EU. In this regard, Members proposed that the system should be managed at EU level by the Office for Harmonization in the Internal Market (OHIM).
Specifications should include at least the following criteria: raw materials used, description of the production process, proof of the link with the territory, and elements of corporate social responsibility. The system must be accompanied by the creation of a single standardised and public European register for non-agricultural products benefiting from geographical indication protection.
Parliament also stressed the relevance of quality checks , and advocated, in addition, that an inspection, infringement and penalty scheme be set up to monitor geographical indications on products marketed in Europe.
The Committee on Legal Affairs adopted the own-initiative report by Virginie ROZIÈRE (S&D, FR) on the possible extension of geographical indication (GI) protection of the European Union to non-agricultural products.
The Committee on the Internal Market and Consumer Protection, exercising its prerogatives as an associated committee in accordance with Rule 54 of the Parliament’s Rules of Procedure, also gave an opinion on the report.
Legislative proposal : Members asked the Commission to propose a legislative proposal with the aim of establishing a single European system of protection of geographical indications for non-agricultural products , and of ensuring that the effects of the new system on producers, their competitors, consumers and Member States were fully considered. They stressed that such an instrument would need to be accompanied by information and communication campaigns.
Benefits of a uniform protection at EU level : the report stressed that it would be highly recommended for the EU to adopt legislation on non-agricultural GIs, in order to: (i) fully exploit the positive economic effects of protecting the distinctiveness and quality of such products, (ii) provide consumers with reliable information on their place and method of production, and (iii) preserve the know-how and jobs relating to them.
Members emphasised that the recognition of protection of non-agricultural GIs and traditional, high-quality know-how:
was both a defensive and offensive interest in the framework of the common commercial policy; fostered innovation and the creation of new start-ups, in particular for small enterprises and micro-enterprises, which were the source of 80 % of typical locally-made products that could be protected under the geographical indications system; combatted counterfeit or imitation products ; ensured a more socially, economically and environmentally sustainable approach to economic development inside and outside the EU; contributed to fair competition and consumer protection .
Members stressed that preserving traditional know-how and production could help stop the depopulation and destruction of rural areas and the flow of young people leaving these areas. They called on the Commission and Member States to promote trans regional and transnational cooperation and the pooling of best practices among non-agricultural product clusters and related sectors.
Relations with third countries : the committee considered that open-ended lists of all products, both agricultural and non-agricultural, that were protected by geographical indications should be incorporated into future EU trade agreements with non-member countries. Extending the scope of the GI protection system to cover non-agricultural products could: (i) help make the EU’s position on GIs even stronger and more cogent, in multilateral forums; (ii) stimulate European exports and gain market share while achieving international recognition of the products in question; (iii) strengthen the Union’s hand in the WTO; (iv) be an advantage in negotiating trade agreements with third countries.
The Commission was called upon to include in its upcoming communication on the EU’s trade and investment strategy a coherent and well-prepared strategy for all GIs , which ensures that they are observed and recognised.
Principles and scope of geographical indication protection at EU level : the report asked the Commission to create a system based on best practices and transparent and non-discriminatory principles, which was effective, responsive and free of unnecessary administrative burdens and deterrent costs for producers who voluntarily decide to register a product under a geographical indication scheme.
Such a system should ensure strict controls and should include appropriate means of dealing with fraud. Furthermore, the system should:
represent a guarantee which is intuitively perceptible to consumers who sought high-quality products in terms of authenticity and origin which have a strong link to the geographical area concerned and are supported by reliable and clear information; have a broad definition that would make it possible to recognise the link between a product and the area covered enabling the inclusion of names which, though not geographical, were unambiguously associated with a given place; Members recommend that the protection scheme should include non-verbal signs and symbols that were unmistakably associated with a particular region.
The label/distinguishing sign/mark/logo for non-agricultural GIs should be simple and easily recognisable, should reflect the regional/local identity of the goods, and should be expressed in at least the language of the product’s place of origin and that of the country into which it is imported.
Registration process : the report recommended a compulsory registration procedure , as this would provide greater security, especially as regards the enforcement of rights in the event of a dispute. Registration should take place in two stages : firstly, on-the-spot checks should be made by national or regional authorities to ascertain that specific characteristics are not being interfered with; and secondly, there should be a single European registration system to ensure compliance with common criteria in all parts of the EU.
Members believed that specifications should include at least the following criteria: raw materials used, description of the production process, proof of the link with the territory, and elements of corporate social responsibility.
The system must be accompanied by the creation of a single standardised and public European register for non-agricultural products benefiting from geographical indication protection. The report stressed the relevance of quality checks , and advocated, in addition, that an inspection, infringement and penalty scheme be set up to monitor geographical indications on products marketed in Europe.
PURPOSE: to launch a debate on the possible extension of geographical indication protection of the European Union to non-agricultural products (Commission Green Paper).
BACKGROUND: g eographical indications (GIs) are indications that identify goods as originating in a country, region or locality where a particular quality, reputation or other characteristic of the product is essentially attributable to its geographical origin, for example Bordeaux (wine), Vetro di Murano (glass) or Prosciutto di Parma.
GIs are self-evidently relevant to agricultural products, foodstuff, wines and other alcoholic beverages. However, the use of GIs is not limited to agricultural products . A GI may also highlight specific qualities of a product that are due to human factors found in the product’s place of origin, such as specific manufacturing skills and traditions. This is the case, for instance, for handicrafts, which are generally handmade using local natural resources and usually embedded in the traditions of local communities, e.g. Bohemian crystal, Scottish tartans, Carrara marble or Meissner porcelain.
The EU is bound by rules on protecting GIs under the agreement on trade related aspects of intellectual property rights ( TRIPS ), which applies to all 159 members of the World Trade Organisation (WTO), and covers both agricultural and non-agricultural products.
At EU level , unitary GI protection is currently provided for wines, spirit drinks, aromatised wines and for agricultural products and foodstuffs. There is currently no harmonisation or unitary GI protection in place for non-agricultural products at EU level .
According to a study published by the Commission in 2013, existing legal instruments available for producers at national and at European level are insufficient.
CONTENT: this Green Paper aims to consult with all stakeholders in the broadest possible manner on whether there is a need, in the EU, to increase GI protection for non-agricultural products, and if so what approach should be taken.
The document consists of two parts:
The first part concerns the current means of protection provided at national and EU level and the potential economic, social and cultural benefits that could be achieved by improved GI protection in the EU. The Commission considers that there seems to be potential benefits of a harmonised EU GI system for producers of non-agricultural products:
· increasing the distinctiveness and attractiveness of their products thanks to guaranteeing quality and origin throughout the EU could boost sales and there would be more effective and uniform EU-wide protection against losses caused by, counterfeiting and imitation;
· provide consumers with certainty that a product has a particular quality, characteristics, and/or reputation due to its particular place of origin, if this is something they value;
· create a positive impact on negotiating trade agreements with third countries interested in securing better protection for their non-agricultural GIs in the EU;
· preserve and value European traditions, know-how, the diversity of cultural expression and cultural heritage and help build social capital in a region.
The second part includes more technical questions to seek the views of interested parties on possible options for EU-level GI protection for non-agricultural products. These issues concern:
· the label (names and symbols) to be used to refer to a product eligible for a GI protection;
· the need to add any further exceptions to GI protection other than those already provided in TRIPS;
· the possibility to differentiate between various protection schemes depending on the categories of non-agricultural products involved (a sectoral approach would establish specific rules for different categories of products, or a cross-cutting approach would set out the core elements of the system generally, to apply to any category of product;
· the link be between non-agricultural products and their place of origin , in order to qualify for GI protection in any new system;
· the introduction of a quality benchmark for non-agricultural products and how the specific characteristics of the product should be defined to ensure quality and geographic origin meets the required standards;
· the need for reputation to be required in order to obtain GI protection for non-agricultural products.
The Green Paper also questions whether harmonising national legislation on GIs would be sufficient to effectively protect GIs for non-agricultural products across the internal market, or would a single EU-level protection system be more appropriate.
All interested parties are requested to send their responses to the Commission by 28 October 2014.
Documents
- Commission response to text adopted in plenary: SP(2015)774
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament: T8-0331/2015
- Debate in Parliament: Debate in Parliament
- Committee report tabled for plenary: A8-0259/2015
- Committee opinion: PE554.925
- Committee opinion: PE551.753
- Committee opinion: PE554.841
- Amendments tabled in committee: PE557.320
- Committee draft report: PE554.895
- Contribution: COM(2014)0469
- Contribution: COM(2014)0469
- Non-legislative basic document published: EUR-Lex
- Non-legislative basic document published: COM(2014)0469
- Committee draft report: PE554.895
- Amendments tabled in committee: PE557.320
- Committee opinion: PE554.841
- Committee opinion: PE551.753
- Committee opinion: PE554.925
- Commission response to text adopted in plenary: SP(2015)774
- Contribution: COM(2014)0469
- Contribution: COM(2014)0469
Activities
- Jonathan ARNOTT
- Soledad CABEZÓN RUIZ
- Norbert ERDŐS
- Notis MARIAS
- Stefano MAULLU
Plenary Speeches (2)
- Ioan Mircea PAŞCU
- Virginie ROZIÈRE
Plenary Speeches (2)
- Catherine STIHLER
Plenary Speeches (2)
- Louis ALIOT
- Marina ALBIOL GUZMÁN
- Jean ARTHUIS
- Marie-Christine ARNAUTU
- Inés AYALA SENDER
- Guillaume BALAS
- Zigmantas BALČYTIS
- Hugues BAYET
- José BLANCO LÓPEZ
- David BORRELLI
- Marie-Christine BOUTONNET
- Renata BRIANO
- Steeve BRIOIS
- Gianluca BUONANNO
- Alain CADEC
- James CARVER
- Nicola CAPUTO
- Nessa CHILDERS
- Salvatore CICU
- David COBURN
- Alberto CIRIO
- Therese COMODINI CACHIA
- Pál CSÁKY
- Javier COUSO PERMUY
- Michel DANTIN
- William (The Earl of) DARTMOUTH
- Rachida DATI
- Angélique DELAHAYE
- Isabella DE MONTE
- Gérard DEPREZ
- Marielle DE SARNEZ
- Mireille D'ORNANO
- Edouard FERRAND
- Lorenzo FONTANA
- Doru-Claudian FRUNZULICĂ
- Francisco de Paula GAMBUS MILLET
- Enrico GASBARRA
- Elena GENTILE
- Arne GERICKE
- Lidia Joanna GERINGER DE OEDENBERG
- Sylvie GODDYN
- Bruno GOLLNISCH
- Tania GONZÁLEZ PEÑAS
- Françoise GROSSETÊTE
- Sergio GUTIÉRREZ PRIETO
- Brian HAYES
- Mary HONEYBALL
- Ian HUDGHTON
- Pablo IGLESIAS
- Cătălin Sorin IVAN
- Petr JEŽEK
- Marc JOULAUD
- Ivan JAKOVČIĆ
- Krišjānis KARIŅŠ
- Philippe JUVIN
- Barbara KAPPEL
- Afzal KHAN
- Bernd KÖLMEL
- Béla KOVÁCS
- Gabrielius LANDSBERGIS
- Constance LE GRIP
- Marine LE PEN
- Bernd LUCKE
- Svetoslav Hristov MALINOV
- Vladimír MAŇKA
- Ivana MALETIĆ
- Andrejs MAMIKINS
- Jiří MAŠTÁLKA
- Dominique MARTIN
- Barbara MATERA
- David MARTIN
- Jean-Luc MÉLENCHON
- Miroslav MIKOLÁŠIK
- Louis MICHEL
- Bernard MONOT
- Marlene MIZZI
- Luigi MORGANO
- Sophie MONTEL
- Krisztina MORVAI
- Alessia Maria MOSCA
- József NAGY
- Momchil NEKOV
Plenary Speeches (1)
- Franz OBERMAYR
- Rolandas PAKSAS
- Alojz PETERLE
- Florian PHILIPPOT
- Marijana PETIR
- Andrej PLENKOVIĆ
- Salvatore Domenico POGLIESE
- Franck PROUST
- Laurenţiu REBEGA
- Robert ROCHEFORT
- Liliana RODRIGUES
- Claude ROLIN
- Fernando RUAS
- Lola SÁNCHEZ CALDENTEY
- Olga SEHNALOVÁ
Plenary Speeches (1)
- Ricardo SERRÃO SANTOS
- Remo SERNAGIOTTO
- Jill SEYMOUR
- Maria Lidia SENRA RODRÍGUEZ
- Siôn SIMON
- Branislav ŠKRIPEK
- Monika SMOLKOVÁ
- Davor ŠKRLEC
- Csaba SÓGOR
- Igor ŠOLTES
- Renato SORU
- Joachim STARBATTY
- Beatrix von STORCH
- Pavel SVOBODA
- Richard SULÍK
- Patricija ŠULIN
- Kay SWINBURNE
- Eleftherios SYNADINOS
- Adam SZEJNFELD
- Tibor SZANYI
- Claudia ȚAPARDEL
- Isabelle THOMAS
- Pavel TELIČKA
- Ulrike TREBESIUS
- Mihai ŢURCANU
- Mylène TROSZCZYNSKI
- Elena VALENCIANO
- Ángela VALLINA
- Derek VAUGHAN
- Marie-Christine VERGIAT
- Miguel VIEGAS
- Dame Glenis WILLMOTT
- Pablo ZALBA BIDEGAIN
- Anna ZÁBORSKÁ
- Damiano ZOFFOLI
Plenary Speeches (1)
- Jana ŽITŇANSKÁ
Votes
A8-0259/2015 - Virginie Rozière - Vote unique #
Amendments | Dossier |
256 |
2015/2053(INI)
2015/05/12
INTA
49 amendments...
Amendment 1 #
Draft opinion Paragraph 1 1. Stresses the importance of agricultural geographical indications (GIs) in the broader spectrum of intellectual property rights, a
Amendment 10 #
Draft opinion Paragraph 2 a (new) 2a. Believes that an EU level system of protection for non-agricultural GIs should cover non-geographical names which are unambiguously associated with a given place;
Amendment 11 #
Draft opinion Paragraph 2 a (new) 2a. Notes that industrial and handicraft products connected with their origin or rooted in their territory are central to the economy and society in many of Europe’s regions in that they generate non- relocatable activities directly linked to local ways of life, especially in rural areas; stresses that the adoption at European level of a system to protect industrial and handicraft products connected with their origin or rooted in their territory would allow the originality of our industrial and handicraft products to be maintained and prevent product standardisation;
Amendment 12 #
Draft opinion Paragraph 2 a (new) 2a. Stresses that protection for the geographical indications of non- agricultural products will help preserve the cultural and artistic heritage constituted by Europe’s local and regional traditions;
Amendment 13 #
Draft opinion Paragraph 3 3. Stresses that
Amendment 14 #
Draft opinion Paragraph 3 3. Stresses that the recognition of protection of non-agricultural GIs is both a defensive and offensive interest in the framework of the common commercial policy and it can be an effective tool in
Amendment 15 #
Draft opinion Paragraph 3 3. Stresses that the recognition of protection of non-agricultural GIs and traditional, high-quality know-how is both a defensive and offensive interest in the framework of the common commercial policy and it can be an effective tool in countering imitation and counterfeit products and in ensuring fair competition and consumer safety;
Amendment 16 #
Draft opinion Paragraph 3 3. Stresses that the recognition of protection of non-agricultural GIs is both a defensive and offensive interest in the framework of the common commercial policy and
Amendment 17 #
Draft opinion Paragraph 3 3. Stresses that the recognition of protection of non-agricultural GIs is both a defensive and offensive interest
Amendment 18 #
Draft opinion Paragraph 3 3. Stresses that the recognition of protection of non-agricultural GIs is both a defensive and offensive interest in the framework of the common commercial policy and it can be an effective tool in countering imitation and counterfeit products and in ensuring fair competition, making it possible to identify more effectively product authenticity, originality and quality;
Amendment 19 #
Draft opinion Paragraph 3 a (new) 3a. Believes that the extension of protection for EU geographical indications to non-agricultural products would be a way to stimulate European exports and gain market share while achieving international recognition of the products in question and developing their high-quality image and reputation through trade and trade negotiations;
Amendment 2 #
Draft opinion Paragraph 1 1. Stresses the importance of geographical indications (GIs)
Amendment 20 #
Draft opinion Paragraph 3 a (new) 3a. Considers that uniform protection of geographical indications for non- agricultural products in the EU could be an advantage in negotiating trade agreements with third countries, in particular trading partners that provide protection for non-agricultural GIs;
Amendment 21 #
Draft opinion Paragraph 4 4. Is of the opinion that a coherent, simple and bureaucratically and economically non-burdensome EU-level system of GI protection for
Amendment 22 #
Draft opinion Paragraph 4 4. Is of the opinion that a coherent, simple and bureaucratically and economically non-burdensome EU-level system of GI protection for non-agricultural products would enable the EU to achieve similar protection for such European products outside the EU in the framework of international trade negotiations and at the same time establish a quality benchmark for such products;
Amendment 23 #
Draft opinion Paragraph 4 4. Is of the opinion that special (sui generis) legislation for non-agricultural products of the Member States is not enough and that a coherent, simple and bureaucratically and economically non- burdensome EU-level system of GI protection for non-agricultural products would enable the EU to achieve similar protection for such European products outside the EU in the framework of international trade negotiations;
Amendment 24 #
Draft opinion Paragraph 4 4. Is of the opinion that a coherent, simple, transparent, and bureaucratically and economically non-burdensome EU-level system of GI protection for non- agricultural products would enable the EU to achieve
Amendment 25 #
Draft opinion Paragraph 4 4. Is of the opinion that a coherent, simple and not bureaucratically and
Amendment 26 #
Draft opinion Paragraph 4 4. Is of the opinion that an EU-level system of GI protection for non-agricultural products which is coherent, simple and bureaucratically and economically non- burdensome
Amendment 27 #
Draft opinion Paragraph 4 4. Is of the opinion that
Amendment 28 #
Draft opinion Paragraph 4 a (new) 4a. Believes that the establishment of such a system at the EU level could positively influence renewed discussions of the widening of GIs protection and the creation of a multilateral GIs register within the Doha Development Agenda of the World Trade Organisation;
Amendment 29 #
Draft opinion Paragraph 4 a (new) 4a. Underlines that the absence of a harmonised and coherent EU system of GI protection for non-agricultural products negatively affects the EU's capacity to negotiate the issue bilaterally with EU trading partners such as the US and Canada, and multilaterally within the WTO;
Amendment 3 #
Draft opinion Paragraph 1 1. Stresses th
Amendment 30 #
Draft opinion Paragraph 5 5. Considers that the
Amendment 31 #
Draft opinion Paragraph 5 5. Considers that the protection of non- agricultural GIs at EU level would be a positive signal for the ongoing discussions on GIs at multilateral level, that it would strengthen the EU’s hand in calling for an increase in the standard level of protection applying to all products and that it is fully in line with the TRIPS Agreement;
Amendment 32 #
Draft opinion Paragraph 5 a (new) 5a. Considers also important, in the framework of the EU trade and investment strategy, a fair and equitable access to non-agricultural GIs in third countries, especially the poorest ones in the framework also of a reform of the article 23rd of the TRIPS agreement;
Amendment 33 #
Draft opinion Paragraph 5 a (new) 5a. Notes that the protection of non- agricultural GIs must be accompanied by a more effective strategy for the protection and enforcement of intellectual property rights in third countries, so as to step up measures to combat counterfeit or imitation products;
Amendment 34 #
Draft opinion Paragraph 5 b (new) 5b. Considers important to guarantee the same safeguards provided to Non- agricultural products to agricultural GIs in relation to the TRIPS agreement. Calls the Commission in this framework to assess the TRIPS protection to date, particularly in relation to clear, consistent and structured notification and registration systems, and consistency in treatment;
Amendment 35 #
Draft opinion Paragraph 5 c (new) 5c. Calls on the Commission also to assess the consistency of protection actually guaranteed by the TRIPS agreement with the necessary implementation of a Human Right Based approach in trade policies, inside and outside EU, as recently recalled by UN special rapporteur on promotion of a democratic and equitable international order;
Amendment 36 #
Draft opinion Paragraph 5 d (new) 5d. Expresses concerns over the compatibility of the extension of Igs to non-agricultural goods with the ongoing FTAs negotiations, in particular the TTIP and CETA;
Amendment 37 #
Draft opinion Paragraph 6 6. Is of the opinion that the creation of a single EU-level protection of non- agricultural GIs that includes a registration scheme recognised at EU level,
Amendment 38 #
Draft opinion Paragraph 6 6. Is of the opinion that the creation of a single EU-level protection of non- agricultural GIs that includes a registration scheme recognised at EU level, without lowering the standards of protection already existing in some Member States, would be the best way to be more effective both within the EU and in negotiations with third countries; takes the view that this would contribute to consumer protection by ensuring compliance with health standards and deter unfair competition;
Amendment 39 #
Draft opinion Paragraph 6 6. Is of the opinion that the creation of a
Amendment 4 #
Draft opinion Paragraph 2 2. Recalls that it would be highly recommended for the European Union to
Amendment 40 #
Draft opinion Paragraph 6 6. Is of the opinion that the creation of a single EU-level protection of non- agricultural GIs
Amendment 41 #
Draft opinion Paragraph 6 6. Is of the opinion that the creation of a single EU-level protection of non- agricultural GIs that includes
Amendment 42 #
Draft opinion Paragraph 6 a (new) 6a. Calls on the Commission to explore the possibility to experiment alternative schemes of non-agricultural GIs protection as Territorial Participatory Processes of Mutual Recognition, in particular for small scale producers and localized typical productions;
Amendment 43 #
Draft opinion Paragraph 6 a (new) 6a. Stresses that some of our major trade partners, such as India and China, have already introduced systems to protect geographical indications for non- agricultural products;
Amendment 44 #
Draft opinion Paragraph 7 7. Calls on the Commission to include a coherent and well prepared strategy on all GIs in
Amendment 45 #
Draft opinion Paragraph 7 7. Calls on the Commission to include a coherent and well prepared strategy on all GIs, including plans for an ex-ante impact assessment on the effects on non- agricultural products, in the upcoming
Amendment 46 #
Draft opinion Paragraph 7 7. Calls on the Commission to include a coherent and well prepared strategy on all GIs, which ensures that they are observed and recognised, in the upcoming communication on the EU’s trade and investment strategy.
Amendment 47 #
Draft opinion Paragraph 7 a (new) 7a. Recalls that a better protection of extended GIs needs to be compatible with the existing European and international legal framework and meet both economic and stakeholders needs. In this regards is of the opinion that a future strategy on GIs should determine whether the specificities of non-agricultural products would justify adding other exceptions to those set out in Articles 22-23-24 of the TRIPS agreement and whether such protection would match the safeguards already provided to agricultural GIs at EU level;
Amendment 48 #
Draft opinion Paragraph 7 b (new) 7b. Considers that a coherent strategy on a broader GIs protection should include a review on the current functioning of EU customs and the need to harmonise control operations putting in place common systems to check compliance with legal requirements and prevent the entry and distribution of counterfeited goods;
Amendment 49 #
Draft opinion Paragraph 7 c (new) 7c. Stress the importance to find an appropriate link between a potential GIs system for non-agricultural products and international trademark law to avoid any legal uncertainty and confusion. In this regards, recalls the need to have a particular attention for future patents, design, trademark registration for non- agricultural GIs when exported to third countries;
Amendment 5 #
Draft opinion Paragraph 2 2. Recalls that it would be highly recommended for the European Union to adopt legislation on non-agricultural GIs, in order to increase
Amendment 6 #
Draft opinion Paragraph 2 2. Recalls that it would be highly recommended for the European Union to adopt legislation on non-agricultural GIs, in order to
Amendment 7 #
Draft opinion Paragraph 2 2.
Amendment 8 #
Draft opinion Paragraph 2 2. Recalls that
Amendment 9 #
Draft opinion Paragraph 2 2. Recalls that it would be highly recommended for the European Union to adopt legislation on non-agricultural GIs, in order to increase the distinctiveness
source: 557.174
2015/05/13
IMCO
89 amendments...
Amendment 1 #
Draft opinion Paragraph -1 (new) -1. Notes that the Commission Green Paper entitled ‘Making the most out of Europe’s know-how: a possible extension of geographical indication protection of the European Union to non-agricultural products’ follows on from its communication entitled ‘A Single Market for Intellectual Property Rights’ (2011), the ‘Study on geographical indications protection for non-agricultural products in the Internal Market’ and the public hearing held following the publication of that study;
Amendment 10 #
Draft opinion Paragraph 1 1. Considers that the lack of a unitary system for the protection of geographical indications relating to non-agricultural products creates a highly fragmented situation in Europe, arising from different national and local, sectoral or transversal rules, which have distorting effects, which hamper the harmonious development of the common market, as well as homogeneous protection and effective competition on equal terms, which prevent consumers from receiving accurate, truthful and comparable information that allows them to make better informed decisions and which are an obstacle to consumer protection;
Amendment 11 #
Draft opinion Paragraph 2 2.
Amendment 12 #
Draft opinion Paragraph 2 2. Welcomes, therefore, the publication of the Green Paper (COM(2014)469) by the Commission and
Amendment 13 #
Draft opinion Paragraph 2 2. Welcomes, therefore, the publication of the Green Paper (COM(2014)469) by the Commission and
Amendment 14 #
Draft opinion Paragraph 2 2.
Amendment 15 #
Draft opinion Paragraph 2 a (new) 2a. Believes that such a system should establish minimum standards, based on proposals by the regional or national level, as appropriate, in order to allow for registered geographical indications;
Amendment 16 #
Draft opinion Paragraph 3 Amendment 17 #
Draft opinion Paragraph 3 3. Hopes, furthermore, that the Commission will submit
Amendment 18 #
Draft opinion Paragraph 3 3. Hopes, furthermore, that the Commission will submit without delay a legislative proposal with the aim of establishing a single European system of protection of geographical indications for non-agricultural products on a voluntary basis;
Amendment 19 #
Draft opinion Paragraph 3 3.
Amendment 2 #
Draft opinion Paragraph -1 a (new) -1a. Welcomes the outcome of the public consultation which the Commission held on the Green Paper and which concluded on 28 October 2014;
Amendment 20 #
Draft opinion Paragraph 3 3. Hopes, furthermore, that the Commission will submit without delay a legislative proposal with the aim of establishing a single European system of protection of geographical indications for non-agricultural products on a voluntary basis;
Amendment 21 #
Draft opinion Paragraph 4 4. Considers that this system should be based on the general principles governing the system in force for agricultural and food products, and calls on the
Amendment 22 #
Draft opinion Paragraph 4 4. Considers that this system should be based on the general principles governing the system in force for agricultural and food products, and calls on the Commission to learn the necessary lessons from the experience gained in that sector, with the aim of creating a system based on best practices and transparent and non- discriminatory principles, and which is effective, responsive and free of unnecessary administrative burden for the operators involved and includes appropriate means of dealing with fraud;
Amendment 23 #
Draft opinion Paragraph 4 4. C
Amendment 24 #
Draft opinion Paragraph 4 4. Considers that this system should be based on the general principles governing the system in force for agricultural and food products, and calls on the Commission to learn the necessary lessons from the experience gained in that sector, with the aim of creating a system based on best practices and transparent and non- discriminatory principles, and which is effective, responsive and free of unnecessary administrative burden and deterrent costs for the operators involved;
Amendment 25 #
Draft opinion Paragraph 4 4. Considers that
Amendment 26 #
Draft opinion Paragraph 4 4. Considers that this system should be voluntary, and based on the general principles governing the system in force for agricultural and food products, and calls on the Commission to learn the necessary lessons from the experience gained in that sector, with the aim of creating a system based on best practices and transparent and non-
Amendment 27 #
Draft opinion Paragraph 5 5.
Amendment 28 #
Draft opinion Paragraph 5 5.
Amendment 29 #
Draft opinion Paragraph 5 5. Is strongly convinced that extending protection of geographical indications to non-agricultural products could have many and varied positive effects for citizens, consumers, producers and the whole European economic and social fabric, as well as positive effects on trade relations which the EU maintains or is negotiating with third countries;
Amendment 3 #
Draft opinion Paragraph -1 b (new) -1b. Points out that, although it has had such a system for food and agricultural products for many years now, the EU currently does not have a unitary system for the protection of geographical indications for non-agricultural products, as a result of which those products are not protected in Member States in which they are not covered by national legislation and, at the same time, products that enjoy national or regional protection in individual Member States are not properly protected at EU level;
Amendment 30 #
Draft opinion Paragraph 5 5. Is
Amendment 31 #
Draft opinion Paragraph 5 5. Is strongly convinced that extending protection of geographical indications to non-agricultural products could have many
Amendment 32 #
Draft opinion Paragraph 6 Amendment 33 #
Draft opinion Paragraph 6 – introductory part 6. Considers that th
Amendment 34 #
Draft opinion Paragraph 6 – indent 1 -
Amendment 35 #
Draft opinion Paragraph 6 – indent 1 - protect consumers more effectively and help them to make better informed choices about buying products, increasing transparency, furnishing more information about quality and origin
Amendment 36 #
Draft opinion Paragraph 6 – indent 1 - protect consumers more effectively and help them to make better informed choices about buying products, increasing
Amendment 37 #
Draft opinion Paragraph 6 – indent 1 - protect consumers more effectively and help them to make better informed choices about buying products, increasing transparency, furnishing more information about quality
Amendment 38 #
Draft opinion Paragraph 6 – indent 1 - protect consumers more effectively and help them to make better informed choices about buying products, increasing transparency, furnishing more information about quality and origin
Amendment 39 #
Draft opinion Paragraph 6 – indent 1 - protect consumers more effectively, enhance consumers' trust in the labelled products and help them to make better informed choices about buying products, increasing transparency, furnishing more information about quality and origin and ensuring traceability;
Amendment 4 #
Draft opinion Paragraph 1 1.
Amendment 40 #
Draft opinion Paragraph 6 – indent 1 - protect consumers more effectively and help them to make better informed choices about buying products, increasing transparency
Amendment 41 #
Draft opinion Paragraph 6 – indent 1 - protect consumers more effectively
Amendment 42 #
Draft opinion Paragraph 6 – indent 1 a (new) - contribute to the sustainability of jobs created in poorly developed areas that have a wide range of traditional products to offer. Jobs created by these types of products cannot be moved in other regions due to its ties to the product;
Amendment 43 #
Draft opinion Paragraph 6 – indent 1 a (new) - help, in particular, small and micro- enterprises, which are the source of close to 80% of the typical locally made products that could be protected under the geographical indications system; this would give them an opportunity to boost sales by means of more effective marketing operations and an incentive to cooperate more closely, given the collective nature of the scheme;
Amendment 44 #
Draft opinion Paragraph 6 – indent 1 b (new) - contribute to the increase in sales of such products in poorer regions and guarantee consumer protection due to its high quality;
Amendment 45 #
Draft opinion Paragraph 6 – indent 1 c (new) - help develop new strategies to support entrepreneurship, at local and regional level, by allocating new funds to encourage training or business development with traditional products, while also bearing the geographic identity of the respective area which is an efficient way to also promote the region;
Amendment 46 #
Draft opinion Paragraph 6 – indent 1 d (new) - contribute to the development of new local programs in order to train and encourage endangered traditional occupations, while also conserving the unique and diverse heritage of each region;
Amendment 47 #
Draft opinion Paragraph 6 – indent 1 e (new) - help develop new strategies at local and regional level to support the participation of traditional products at trade fairs and exhibitions, in particular by means of stands aimed at enhancing the image area, the region of origin of these products;
Amendment 48 #
Draft opinion Paragraph 6 – indent 2 - help effectively to combat counterfeiting,
Amendment 49 #
Draft opinion Paragraph 6 – indent 2 - help effectively to combat counterfeiting, fraudulent use of the name of a geographical origin and other unfair practices which
Amendment 5 #
Draft opinion Paragraph 1 1. Considers that the lack of a unitary system for the protection of geographical indications relating to non-agricultural products creates an inadequate and highly fragmented situation in Europe, arising from the fact that some Member States offer no specific protection and others have different national and local, sectoral or transversal rules, which have distorting effects, which hamper the harmonious development of the common market, as well as homogeneous protection and effective competition on equal terms, which prevent consumers from receiving accurate, truthful and comparable information and which are an obstacle to consumer protection;
Amendment 50 #
Draft opinion Paragraph 6 – indent 2 a (new) - foster commercial expansion outside the EU and help to promote products as a result of the added value afforded by protected geographical indications;
Amendment 51 #
Draft opinion Paragraph 6 – indent 2 a (new) - make it easier to establish uniform, effective oversight procedures, thus giving consumers and producers the chance to protect themselves against counterfeiting, imitation and other illegal practices;
Amendment 52 #
Draft opinion Paragraph 6 – indent 2 b (new) - foster innovation in traditional production processes and the creation of new start-ups for traditional products, thus helping to create jobs for young people and maintain local communities in less favoured areas by generating sustainable competitive growth;
Amendment 53 #
Draft opinion Paragraph 6 – indent 3 - promote and facilitate access to the common market for European craft products, which are the fruit of traditional knowledge and skills, helping to conserve precious know-how which characterises entire social and local communities and which represents a significant element in the historical, cultural, economic and social heritage of European nations;
Amendment 54 #
Draft opinion Paragraph 6 – indent 3 - promote and facilitate access to the common market, under the same terms and subject to the same controls, for European craft products, which are the fruit of traditional knowledge and skills, helping to conserve precious know-how which characterises entire social and local communities and which represents a significant element in the historical, cultural, economic and social heritage of Europe;
Amendment 55 #
Draft opinion Paragraph 6 – indent 3 - promote and facilitate access to the common market and markets outside the EU for European craft products, which are the fruit of traditional knowledge and skills
Amendment 56 #
Draft opinion Paragraph 6 – indent 4 Amendment 57 #
Draft opinion Paragraph 6 – indent 4 - promote the development of new, skilled employment with links to local areas, with particular reference to rural areas, depressed areas and to the poorest regions, imparting a fresh impetus to vocational and craft training closely connected to the development of localities and production areas;
Amendment 58 #
Draft opinion Paragraph 6 – indent 4 - promote the maintenance of infrastructure and the development of new, skilled employment with links to local areas, with particular reference to depressed areas and to the poorest regions, imparting a fresh impetus to vocational and craft training closely connected to the development of localities and production areas;
Amendment 59 #
Draft opinion Paragraph 6 – indent 4 - promote the development of new, skilled employment with links to local areas, with
Amendment 6 #
Draft opinion Paragraph 1 1. Considers that the lack of an EU unitary system for the protection of geographical indications relating to non-agricultural products creates a highly fragmented situation in Europe, arising from different national and local, sectoral or transversal rules, which have distorting effects, which hamper the harmonious development of the
Amendment 60 #
Draft opinion Paragraph 6 – indent 5 - help to increase the overall attractiveness of an area and to preserve national and local identities, as well as facilitating the generation of useful synergies to promote local areas and their distinctiveness, with consequent benefits also from the point of view of tourism, culture and trade;
Amendment 61 #
Draft opinion Paragraph 6 – indent 5 - help to increase the overall attractiveness of an area and to preserve local identities, as well as facilitating the generation of useful synergies to promote local areas and their distinctiveness, with consequent benefits also from the point of view of tourism, culture and trade, and making the most of the strong link between products and the specific geographical area in which they are produced;
Amendment 62 #
Draft opinion Paragraph 6 – indent 5 a (new) - bring a positive impact in the EU trade relations with third countries;
Amendment 63 #
Draft opinion Paragraph 6 a (new) 6a. Believes, that effects of a single European system of protection of geographical indications for non- agricultural products will depend on whether all necessary information concerning this system will reach producers and consumers; stresses that informed consumers, promotion and accessible protection will play an important role in this regard;
Amendment 64 #
Draft opinion Paragraph 7 7. Considers that the new system, as happened in the past with agrofood products, should represent a guarantee which is intuitively perceptible to consumers who seek high-quality products, regarding authenticity and origin, based on reliable and clear information; stresses that the system must be transparent, as this is of key importance to consumer confidence, which is a cornerstone of the market economy;
Amendment 65 #
Draft opinion Paragraph 7 7. Considers that the new system,
Amendment 66 #
Draft opinion Paragraph 7 7. Considers that the new system, as happened in the past with agrofood products, should represent a guarantee which is intuitively perceptible to consumers who seek high-quality products, regarding authenticity and origin, based on reliable and clear information; considers that open-ended lists of all products, both agricultural and non-agricultural, protected by geographical indications should be incorporated into future EU trade agreements with non-member countries;
Amendment 67 #
Draft opinion Paragraph 7 7. Considers that
Amendment 68 #
Draft opinion Paragraph 7 a (new) 7a. Believes that any new proposal in this area should not negatively affect the possibility for commercial products where a particular style or characteristic is replicated or inspires a product, but which is only similar and does not represent itself as being from that geographic locations;
Amendment 69 #
Draft opinion Paragraph 7 a (new) 7a. Points out that this new protection scheme is not intended to replace existing instruments, and that the key word should be compatibility of new geographical indications with effective existing rights and systems;
Amendment 7 #
Draft opinion Paragraph 1 1. Considers that the lack of a unitary system for the protection of geographical indications relating to non-agricultural products creates a highly fragmented situation in Europe, arising from differen
Amendment 70 #
Draft opinion Paragraph 8 Amendment 71 #
Draft opinion Paragraph 8 8. Stresses that this system must
Amendment 72 #
Draft opinion Paragraph 8 8. Stresses that this system must be accompanied by the creation of a single European register
Amendment 73 #
Draft opinion Paragraph 8 8. Stresses that this system must be accompanied by the creation of a single European register, that it should be characterised by a cross-cutting approach in order to maximise its economic and social impact, and that it should significantly enhance the existing link between products and their area of origin, in order to increase the credibility and authenticity of a product
Amendment 74 #
Draft opinion Paragraph 8 8. Stresses that this system must be accompanied by the creation of a single
Amendment 75 #
Draft opinion Paragraph 8 8. Stresses that this system must be accompanied by the creation of
Amendment 76 #
Draft opinion Paragraph 8 8. Stresses that this system must be accompanied by the creation of a single European register,
Amendment 77 #
Draft opinion Paragraph 8 8. Stresses that this system must be accompanied by the creation of a single, standardised and public European register, that it should be characterised by a cross- cutting approach in order to maximise its economic and social impact, and that it should significantly enhance the existing link between products and their area of origin, in order to increase the credibility and authenticity of a product and guarantee its origin and traceability;
Amendment 78 #
Draft opinion Paragraph 8 a (new) 8a. Stresses the need to check and monitor whether the specific characteristics, quality and origin of a geographical indications for non- agricultural products are maintained during the whole period of protection in this system, believes that producers would be also motivated to maintain the given quality standards;
Amendment 79 #
Draft opinion Paragraph 9 Amendment 8 #
Draft opinion Paragraph 1 1. Considers that the lack of a
Amendment 80 #
Draft opinion Paragraph 9 9. Considers, at the same time, that the system should allow reasonable margins of
Amendment 81 #
Draft opinion Paragraph 9 a (new) 9a. Proposes that producer groups, their associations, chambers of commerce and local authorities should be authorised to apply for registration of a GI for non- agricultural products;
Amendment 82 #
Draft opinion Paragraph 10 Amendment 83 #
Draft opinion Paragraph 10 10. Considers that the system must be based on compliance with a clear product specification, as in the case of agrofood products, but without discouraging innovation and the natural evolution of production processes and technology.
Amendment 84 #
Draft opinion Paragraph 10 10. Considers that the system must be based on compliance with a clear product specification, as in the case of agrofood products, but without
Amendment 85 #
Draft opinion Paragraph 10 a (new) 10a. Believes that with the introduction of a single European registry for non- agricultural products with geographical indication, a control system should also be considered in order to identify counterfeit products;
Amendment 86 #
Draft opinion Paragraph 10 a (new) 10a. Takes the view that extending the scope of the geographical indication protection system to cover non- agricultural products could help to make the EU’s position in this area still stronger and more cogent, both in bilateral trade negotiations and in multilateral forums, the ultimate aim being to provide a high level of protection for all high-quality European products outside the EU; believes that a comprehensive EU geographical indications system would make it easier to carry out joint promotional campaigns outside the EU, which would help the enterprises concerned and make for a more cohesive single market;
Amendment 87 #
Draft opinion Paragraph 10 b (new) 10b. Considers that with the introduction of a single European registry for non- agricultural products with geographical indication a unique digital presentation system should be created for all products already contained in the register in order to stimulate European craft products, with the role to preserve, inform and protect the consumers.
Amendment 88 #
Draft opinion Paragraph 10 b (new) 10b. Believes that extending the scope of the geographical indication protection system to cover non-agricultural products should form part of a broader strategy for promoting high-quality EU products, based on a stronger commitment from the EU institutions to treat manufacturing and craft industries as a driving force for growth and the completion of the single market;
Amendment 89 #
Draft opinion Paragraph 10 c (new) 10c. Takes the view that, under the new EU legislative framework for procurement, a product quality and origin certification system could be of use to contracting authorities in connection with technical specifications, certification and award criteria, in particular at local and regional level.
Amendment 9 #
Draft opinion Paragraph 1 1. Considers that the
source: 557.204
2015/05/19
CULT
65 amendments...
Amendment 1 #
Draft opinion Paragraph 1 1. Welcomes the current discussions about a possible extension of the Geographical Indication (GI) protection of the European Union to non-agricultural products; considers that the EU is particularly rich in such authentic products based on local know-how and traditional local and regional production methods and often rooted in the heritage of a specific geographical area;
Amendment 10 #
Draft opinion Paragraph 1 d (new) 1d. Emphasises that one of the main challenges faced by the sector of cultural heritage is the gradual extinction of traditional skills and crafts;
Amendment 11 #
Draft opinion Paragraph 2 2. Recalls that, currently, there is no uniform GI protection for non-agricultural products at EU level but several legal frameworks ensuring only national or regional protection.
Amendment 12 #
Draft opinion Paragraph 2 2. Recalls that, currently, there is no uniform GI protection for non-agricultural products at EU level but several legal frameworks ensuring only national or regional protection. In this context, underlines the fact that the present legal frameworks may result in consumer deception
Amendment 13 #
Draft opinion Paragraph 2 2. Recalls that, currently, there is no uniform GI protection for non-agricultural products at EU level but several legal frameworks ensuring only national or regional protection. In this context, underlines the fact that the present legal frameworks may result in consumer deception and countless cases of counterfeiting; therefore, a uniform EU system
Amendment 14 #
Draft opinion Paragraph 2 2. Recalls that, currently, there is no uniform GI protection for non-agricultural products at EU level but several legal frameworks ensuring only national or regional protection. In this context, underlines the fact that the present legal frameworks may result in consumer deception and countless cases of counterfeiting; therefore, a
Amendment 15 #
Draft opinion Paragraph 2 2. Recalls that, currently, there is no uniform GI protection for non-agricultural products at EU level but
Amendment 16 #
Draft opinion Paragraph 2 2. Recalls that, currently, there is no uniform GI protection for non-agricultural products at EU level but several legal frameworks ensuring only national or regional protection. In this context, underlines the fact that the present legal frameworks may result in consumer deception and countless cases of counterfeiting; therefore, a uniform EU system could better inform consumers about the authenticity of products
Amendment 17 #
Draft opinion Paragraph 2 2. Recalls that, currently, there is no uniform GI protection for non-agricultural products at EU level but several – mostly divergent – legal frameworks ensuring only national or regional protection. In this context, underlines the fact that the present legal frameworks, which differ significantly in terms of definition, procedures, the degree of protection, and enforcement, may result in consumer deception and countless cases of counterfeiting; therefore, a uniform EU system could better inform consumers about the authenticity of products and protect the rightful owners of a registered product;
Amendment 18 #
Draft opinion Paragraph 2 2. Recalls that, currently, there is no uniform GI protection for non-agricultural products at EU level but several legal frameworks ensuring only national or regional protection. In this context, underlines the fact that the present legal frameworks may result in consumer deception and countless cases of counterfeiting; therefore, a uniform EU
Amendment 19 #
Draft opinion Paragraph 2 2. Recalls that, currently, there is no uniform GI protection for non-agricultural products at EU level but several legal frameworks ensuring only national or regional protection, that do not cover the cross-border products. In this context, underlines the fact that the discrepancies between the present legal frameworks may result in consumer deception and countless cases of counterfeiting; therefore, a uniform EU system could better inform consumers about the authenticity of products and protect the rightful owners of a registered product;
Amendment 2 #
Draft opinion Paragraph 1 1. Welcomes the current discussions about a possible extension of the Geographical Indication (GI) protection of the European Union to non-agricultural products; considers that the EU is particularly rich in such authentic products based on local know-how and traditional production methods and often rooted in the cultural, social and historical heritage of a specific geographical area;
Amendment 20 #
Draft opinion Paragraph 2 2. Recalls that, currently, there is no uniform GI protection for non-agricultural products at EU level but several legal frameworks ensuring
Amendment 21 #
Draft opinion Paragraph 2 a (new) 2a. Stresses that increased centralisation of policies could result in reduced creativity, plurality and diversity;
Amendment 22 #
Draft opinion Paragraph 2 a (new) 2a. Underlines that a uniform GI protection would contribute not only toward promoting traditional products, but also toward the recognition of the quality of the raw materials it uses and the need for excellence at all stages of the production process;
Amendment 23 #
Draft opinion Paragraph 2 a (new) 2a. Takes the view that extending the scope of the geographical indication protection system to cover non- agricultural products could help to make the EU’s position on GIs still stronger and more cogent, both in bilateral trade negotiations and in multilateral forums, the ultimate aim being to provide a high level of protection for all high-quality European products outside the EU;
Amendment 24 #
Draft opinion Paragraph 2 b (new) 2b. Highlights that the promotion of local and regional traditional products is essential not only for the preservation of the European cultural heritage, but would also guarantee fair remuneration for producers and the widest possible availability of those products;
Amendment 25 #
Draft opinion Paragraph 3 3. Stresses the economic potential of the GI system in terms of tourism promotion and jobs creation, especially in rural or poor areas, and supporting SMEs and individual producers, who are central to the production of handicrafts and other traditional objects
Amendment 26 #
Draft opinion Paragraph 3 3. Stresses the economic potential of the GI system in terms of jobs creation, especially in rural or poor areas, and supporting SMEs and individual producers, who are central to the production of handicrafts and other traditional objects; moreover, GIs are a powerful tool for increasing the overall attractiveness and distinctiveness of a region, boosting the sales of a category of products and
Amendment 27 #
Draft opinion Paragraph 3 3. Stresses the economic potential of the GI system in terms of jobs creation, especially in rural or poor areas, and supporting SMEs and individual producers, who are central to the production of handicrafts and other traditional objects; moreover, GIs are a powerful tool for increasing the overall attractiveness of a region, boosting the sales of a category of products and promoting tourism in the area; with the potential to protect and promote minority and regional identities and languages;
Amendment 28 #
Draft opinion Paragraph 3 3. Stresses the economic potential of the GI system in terms of jobs creation, especially in rural or
Amendment 29 #
Draft opinion Paragraph 3 3. Stresses the economic, cultural and social potential of the GI system in terms of high quality jobs creation, especially in rural or poor areas, and supporting SMEs and individual producers, who are central to the production of handicrafts and other traditional objects; moreover, GIs are a powerful tool for increasing the overall attractiveness of a region, boosting the sales of a category of products and promoting tourism in the area;
Amendment 3 #
Draft opinion Paragraph 1 1. Welcomes the current discussions about a possible extension of the Geographical Indication (GI) protection of the European Union to non-agricultural products; considers that the EU is particularly rich in such authentic products based on local know-how and traditional production methods and often rooted in the heritage of a specific geographical area, and calls for geographical indication protection to be taken into account in the TTIP negotiations;
Amendment 30 #
Draft opinion Paragraph 3 a (new) 3a. Points out that geographical indications provide an assurance of product quality for consumers, as well as being a recognition of know-how and a means of protection for producers;
Amendment 31 #
Draft opinion Paragraph 3 a (new) 3a. Considers that a uniform EU system could increase the attractiveness of the heritage-related professions;
Amendment 32 #
Draft opinion Paragraph 3 a (new) 3a. Calls for such products to be made a central focus of regional development, research and innovation projects and of Horizon 2020 and cohesion funding;
Amendment 33 #
Draft opinion Paragraph 3 a (new) 3a. Stresses that preserving of traditional know-how and production can help to stop the depopulation and destruction of rural areas and the flow of young people that are leaving those areas;
Amendment 34 #
Draft opinion Paragraph 3 a (new) 3a. To ensure that any mark or logo of the GI indicator will always reflect the regional/local identity of the goods;
Amendment 35 #
Draft opinion Paragraph 4 4. Highlights the importance of the cultural and social components of the non- agricultural products that will be included in this process and stresses the need for preserving the
Amendment 36 #
Draft opinion Paragraph 4 4. Highlights the importance of the cultural and social components of the non- agricultural products that will be included in this process and stresses the need for preserving, passing on and increasing the knowledge of the traditional know-how and skills associated with them;
Amendment 37 #
Draft opinion Paragraph 4 4. Highlights the importance of the cultural, educational and social components of the non-
Amendment 38 #
Draft opinion Paragraph 4 4. Highlights the importance of the cultural
Amendment 39 #
Draft opinion Paragraph 4 4. Highlights the importance of the cultural and social components of the non- agricultural products that will be included in this process and stresses the need for preserving the traditional know-how and skills associated with them and for fostering closer cooperation with the creative industries, not least with a view to highlighting the quality of the materials used and of the end products;
Amendment 4 #
Draft opinion Paragraph 1 1. Welcomes the current discussions about a possible extension of the Geographical Indication (GI) protection of the European Union to non-agricultural products; considers that the EU is particularly rich in such authentic products based on local know-how and traditional production methods and often rooted in the heritage of a specific geographical area; recalls that the preservation of these methods is based on a continuous transfer of knowledge from generation to generation;
Amendment 40 #
Draft opinion Paragraph 4 4. Highlights the importance of the cultural and social components of the non- agricultural products that will be included in this process and stresses the need for preserving the traditional know-how and skills associated with them; calls for the use of the name or the sign to be accessible to all producers from the given area who manufacture the product in the way prescribed;
Amendment 41 #
Draft opinion Paragraph 4 a (new) 4a. Acknowledges the important role of highly skilled professionals in the production process of non-agricultural products for preserving and passing on traditional skills and handcrafts, which create our European identity;
Amendment 42 #
Draft opinion Paragraph 4 a (new) 4a. The traditional know-how represents an important aspect of European cultural heritage and European history and should be specially protected, also through the geographical indication protection mechanism;
Amendment 43 #
Draft opinion Paragraph 4 b (new) 4b. In this regard, invites the Commission to encourage Member states to optimally use the available EU funding and programs for investment in vocational training of specialists, who participate in producing and promoting local and regional artisanal and industrial products;
Amendment 44 #
Draft opinion Paragraph 4 b (new) 4b. Educational institutions should teach the young generations about the traditional know-how, production methods and products, which are often more respectful to the nature and are more sustainable than the modern production methods;
Amendment 45 #
Draft opinion Paragraph 4 c (new) 4c. Encourages the Member states to exchange good practices in creating and supporting initiatives aimed at stimulating the traditional artisanal sector, which could in turn increase the awareness for the local cultural heritage and stimulate the development of rural areas;
Amendment 46 #
Draft opinion Paragraph 4 d (new) 4d. Stresses the important role of the companies, often situated in regions with high unemployment rates, which invest in high-quality skills and know-how and offer traineeships and apprenticeships for the development and qualification of skilled professionals;
Amendment 47 #
Draft opinion Paragraph 4 e (new) 4e. Highlights the fact that a well-known GI could play an important role in promoting the European cultural itineraries of the Council of Europe;
Amendment 48 #
Draft opinion Paragraph 5 5.
Amendment 49 #
Draft opinion Paragraph 5 5. Considers that technological and other innovations for products protected under a GI should remain possible, provided that the quality and authenticity of the final product is not affected;
Amendment 5 #
Draft opinion Paragraph 1 1. Welcomes the current discussions about a possible extension of the Geographical Indication (GI) protection of the European Union to non-agricultural products; considers that the EU is particularly rich in such authentic products based on local know-how and traditional production methods and often rooted in the heritage of a specific geographical area; GIs illustrate the relationship between human activity, culture, land, and resource;
Amendment 50 #
Draft opinion Paragraph 5 5. Considers that technological innovation for products protected under a GI should remain possible
Amendment 51 #
Draft opinion Paragraph 5 a (new) 5a. Stresses that industrial or handicraft products connected with their origin or rooted in their territory are part of the EU’s cultural heritage, and that the adoption at EU level of a system to protect them would preserve their originality;
Amendment 52 #
Draft opinion Paragraph 5 a (new) 5a. Recognises the importance of investing in education and training to those that would make these highly specialised, unique goods, in order to ensure that these skills and know-how are passed on and protected;
Amendment 53 #
Draft opinion Paragraph 5 b (new) 5b. Calls on the Commission to propose, as soon as possible, an instrument to protect industrial or handicraft products connected with their origin or rooted in their territory, after carrying out an impact assessment;
Amendment 54 #
Draft opinion Paragraph 6 6. Emphasises the importance of creating a future legal framework that guarantees that
Amendment 55 #
Draft opinion Paragraph 6 6. Emphasises the importance of creating a future legal framework that guarantees that the link to the original geographical area and traditional methods remains a priority, and that clearly specifies the conditions under which the denomination may be used outside the
Amendment 56 #
Draft opinion Paragraph 6 6. Emphasises the importance of creating a future legal framework that guarantees that the link to the original geographical area remains a priority in order to increase the credibility and the authenticity of products, and that clearly specifies the conditions under which the denomination may be used outside the reference space;
Amendment 57 #
Draft opinion Paragraph 6 6. Emphasises the importance of creating a future legal framework that guarantees that the link to the original geographical area remains a priority, and that clearly specifies the conditions under which the denomination may be used outside the reference space; further emphasises that such a system should cover non- geographical names which are unambiguously associated with a given place;
Amendment 58 #
Draft opinion Paragraph 6 6. Emphasises the importance of creating a future legal framework that guarantees that the link to the original geographical area remains a priority, and that clearly specifies the conditions under which the denomination may be used outside the reference space; considers that open- ended lists of all products, both agricultural and non-agricultural, protected by geographical indications should be included in future EU trade agreements with non-EU countries;
Amendment 59 #
Draft opinion Paragraph 6 6. Emphasises the importance of creating a future legal framework that guarantees that the link to the original geographical area remains a priority, and that clearly specifies the conditions under which the denomination may be used outside the reference space in order to protect the authenticity of the label;
Amendment 6 #
Draft opinion Paragraph 1 a (new) 1a. Recalls that non-agricultural products are an integral part of our identity and are an important element of the European cultural heritage as well as the cultural heritage of the Member states;
Amendment 60 #
Draft opinion Paragraph 6 a (new) 6a. Calls on the Commission and Member States to promote trans-regional and trans-national cooperation and pooling of best practice between non-agricultural product clusters and related sectors;
Amendment 61 #
Draft opinion Paragraph 7 7. Calls on the regulator to take into account the GIs already existing in the Member States in order to avoid unnecessary red tape for their registration at European level
Amendment 62 #
Draft opinion Paragraph 7 7. Calls on the regulator to take into account the GIs already existing in the Member States in order to avoid unnecessary red tape for their registration at European level
Amendment 63 #
Draft opinion Paragraph 7 7. Calls on the regulator to take into account the GIs already existing in the Member States in order to avoid unnecessary red tape for their registration at European level
Amendment 64 #
Draft opinion Paragraph 7 7. Calls on the regulator to take into account the GIs already existing in the Member States in order to avoid unnecessary red tape for their registration at European level
Amendment 65 #
Draft opinion Paragraph 7 7. Calls on the regulator to take into account the GIs already existing in the Member States in order to avoid unnecessary red tape for their registration at European level
Amendment 7 #
Draft opinion Paragraph 1 a (new) 1a. Highlights that the geographical indication protection of non-agricultural products can function as an incentive to preserve the cultural heritage, traditional know-how, as well as the traditional ways of knowledge transfer from one generation to the next one;
Amendment 8 #
Draft opinion Paragraph 1 b (new) 1b. Emphasises the fact that the existence of a high number of non-agricultural products in Europe, based on traditional skills and handcrafts, represents an integral part of the regional and local culture and stimulates cultural tourism development;
Amendment 9 #
Draft opinion Paragraph 1 c (new) 1c. Considers that a uniform GI protection for non-agricultural products would stimulate the technological and economic development at a regional and local level by increasing the number of people employed in producing traditional products;
source: 557.143
2015/05/28
JURI
53 amendments...
Amendment 1 #
Motion for a resolution Citation 7 a (new) – having regard the case law of the Court of Justice of the European Union regarding geographical indications;
Amendment 10 #
Motion for a resolution Recital C a (new) Ca. whereas public authorities should protect, foster when so requested by the private sector, and promote European traditional quality products and their geographical indication;
Amendment 11 #
Motion for a resolution Recital D D. whereas the quality, reputation
Amendment 12 #
Motion for a resolution Recital E E. whereas because traditional European products are of high quality, and are consequently sought after, their names are open to misuse, to the detriment of both consumers and business undertakings;
Amendment 13 #
Motion for a resolution Recital E E. whereas because traditional European products are of high quality, and are consequently sought after, their names are open to misuse
Amendment 14 #
Motion for a resolution Recital F F. whereas proper Europe-wide protection of the geographical indications used to designate non-agricultural products, which watches over and monitors their use and fights fraud, could help to stamp out counterfeiting, avoid unfair competition, and prevent consumers from being deceived;
Amendment 15 #
Motion for a resolution Recital G G. whereas consumers are showing a growing interest not just in product safety, but also in the origins of products, their authenticity and the methods by which they are produced;
Amendment 16 #
Motion for a resolution Recital G a (new) Ga. whereas consumers should be able to make informed choices when purchasing goods by being able to identify the origin and quality of the products;
Amendment 17 #
Motion for a resolution Recital H H. whereas the national laws currently protecting non-agricultural products give rise to different degrees of protection in Member States and whereas th
Amendment 18 #
Motion for a resolution Recital H H. whereas the national laws currently protecting non-agricultural products give rise to different degrees of protection in Member States and whereas that fact poses a difficulty to effective protection in Europe as a whole, reflecting the need for a single system for the protection of geographical indications throughout the EU, given the inadequacy of existing legal instruments for national and European producers;
Amendment 19 #
Motion for a resolution Recital H H. whereas the national laws currently protecting non-agricultural products give rise to different degrees of protection in Member States
Amendment 2 #
Motion for a resolution Citation 10 a (new) – having regard to the Geneva Act to the Lisbon Agreement for the Protection of Appellations of Origin of 31 October 1958, revised at Stockholm on 14 July 1967 and 28 September 1979, regarding intellectual property and guaranteeing the protection of products marketed internationally and widely reputed for the characteristics of their specific geographical area of origin,
Amendment 20 #
Motion for a resolution Recital I a (new) Ia. whereas one-third of Member States have developed specific legislation assimilating geographical indications with intellectual property rights;
Amendment 21 #
Motion for a resolution Recital I b (new) Ib. whereas the purpose of protected geographical indications is to prevent fraudulent use of such designations on the market;
Amendment 22 #
Motion for a resolution Paragraph 1 Amendment 23 #
Motion for a resolution Paragraph 1 Amendment 24 #
Motion for a resolution Paragraph 2 2. Believes that a protection instrument should be established at European level, specifically for non-agricultural products, as this would enhance the prestige of locally based manufacturing and handicraft production, support local economic development and employment in the areas concerned, boost tourism and strengthen consumer confidence;
Amendment 25 #
Motion for a resolution Paragraph 2 a (new) 2a. Stresses the importance of geographical indications (GIs) as an important tool to enhance traceability, transparency and information for consumers and to enhance protagonism of EU territories in a more social and environmental sustainable approach to economic development, as well as the key role played in EU trade policy
Amendment 26 #
Motion for a resolution Paragraph 3 3. C
Amendment 27 #
Motion for a resolution Paragraph 3 a (new) 3a. Is convinced that the system must be based on best practices and transparent and non-discriminatory principles, and it can be an effective tool in countering imitation and counterfeit products and in ensuring a more social, economic and environmental sustainable approach to economic development inside and outside EU, as well as consumers protection
Amendment 28 #
Motion for a resolution Paragraph 3 a (new) 3a. Calls on the Commission to consider whether or not to perform this review in the framework of a broader review of the entire system of Geographical Indicators with a view to consolidate the many different existing instruments governing agricultural GI:s in one consolidated instrument covering also non-agricultural GI:s.
Amendment 29 #
Motion for a resolution Paragraph 3 a (new) 3a. Believes there should also be provision for the requisite resources to make the protection afforded by such an instrument effective in practice whatever the means of product distribution in cases of misuse; emphasises the need to ensure that GIs are equally well protected in the digital marketplace;
Amendment 3 #
Motion for a resolution Recital A a (new) Aa. whereas agricultural products from a specific geographical origin which have certain qualities or are made according to traditional methods may be afforded EU- wide unitary geographical indication protection;
Amendment 30 #
Motion for a resolution Paragraph 3 b (new) 3b. Considers that the discussion about newly developed versus traditional products, as well as the relation between GIs and trademarks, when it comes to non-agricultural products has yet to be held
Amendment 31 #
Motion for a resolution Paragraph 3 b (new) 3b. Emphasises that the introduction of such an instrument will need to be accompanied by information and communication campaigns to familiarise producers and consumers with the new type of GI;
Amendment 32 #
Motion for a resolution Paragraph 4 Amendment 33 #
Motion for a resolution Paragraph 4 4. Maintains that a link with the territory of production is essential in order to identify the special know-how and designate the quality and characteristics of the product;
Amendment 34 #
Motion for a resolution Paragraph 4 4. Maintains that a link with the territory of production is essential in order to identify the special know-how and designate the quality
Amendment 35 #
Motion for a resolution Paragraph 5 5. Considers that there should be different ways of expressing th
Amendment 36 #
Motion for a resolution Paragraph 5 5. Considers, therefore, that it
Amendment 37 #
Motion for a resolution Paragraph 5 a (new) 5a. Taking into consideration the significant differences between agricultural and non-agricultural products, such as number of producers, underlines the relevance of quality controls.
Amendment 38 #
Motion for a resolution Paragraph 6 6. Favours a
Amendment 39 #
Motion for a resolution Paragraph 7 a (new) 7a. Advocates too that an inspection, infringement and penalty scheme be set up to monitor geographical indications on products marketed in Europe;
Amendment 4 #
Motion for a resolution Recital B B. whereas high-quality traditional European products based on traditional knowledge and techniques form part of the EU’s cultural heritage and are central to the economy and society in many of Europe’s regions in that they generate activities directly linked to local ways of life, especially in rural areas;
Amendment 40 #
Motion for a resolution Paragraph 8 8. Maintains that the label/distinguishing sign/mark/logo for non-agricultural GIs should be simple, easily recognisable, and written also in the language of the product's place of origin;
Amendment 41 #
Motion for a resolution Paragraph 8 8. Maintains that the label/distinguishing sign/mark/logo for non-agricultural GIs should be simple, easily recognisable, and written in the language of the product’s place of origin and/or that of the country into which it is imported;
Amendment 42 #
Motion for a resolution Paragraph 9 a (new) 9a. Considers that, to maximise the GI protection of non-agricultural products, the ban on incorrect use of GIs should apply, not only where there is a the risk of consumers being misled or where there is any unfair competition, even in cases where a product’s actual origin is clearly indicated; proposes, therefore, that the additional protection provided for in Article 23 of the TRIPS Agreement, initially applicable only to wines and spirits, be extended to cover the GIs of non-agricultural products;
Amendment 43 #
Motion for a resolution Paragraph 12 a (new) 12a. Proposes that the Commission examine the possibility of transferring, in this context, also the registration of agricultural GI:s to the OHIM
Amendment 44 #
Motion for a resolution Paragraph 13 13. Maintains that the system should keep costs and red tape for businesses to a minimum while offering sufficient guarantees to consumers
Amendment 45 #
Motion for a resolution Paragraph 14 14. Considers that under a scheme of the type described above, establishing GIs should be a matter for the businesses concerned, which should, in particular, be called upon to draw up the specifications that the GIs would have to meet, in accordance with existing national protection rules;
Amendment 46 #
Motion for a resolution Paragraph 16 16. Believes that specifications should include at least the following criteria: raw materials used, description of the production process, and proof of the link with the territory
Amendment 47 #
Motion for a resolution Paragraph 16 a (new) 16a. Suggests that there should be procedures for regional public authorities and/or chambers of commerce to monitor the fulfilment of these criteria at all stages of the production process so as to ensure that product specifications are met; considers that if such monitoring procedures are properly followed it will not be necessary to place a time limit on the GI protection of non-agricultural products or to require that it be renewed;
Amendment 48 #
Motion for a resolution Paragraph 18 18. Notes that producers could be asked to pay a contribution in order to obtain a GI, provided that such contributions
Amendment 49 #
Motion for a resolution Paragraph 18 a (new) 18a. Suggests the introduction of a procedure, open to interested parties, whereby the registration of GIs can be contested;
Amendment 5 #
Motion for a resolution Recital B B. whereas high-quality traditional European products form part of the EU’s cultural heritage and are
Amendment 50 #
Motion for a resolution Paragraph 18 a (new) 18a. considers that open-ended lists of all products, both agricultural and non- agricultural, protected by geographical indications should be incorporated into future EU trade agreements with non- member countries;
Amendment 51 #
Motion for a resolution Paragraph 20 a (new) 20a. Expresses concerns over the potential negative influence of the ongoing TTIP negotiations on the standards of GIs protection.
Amendment 52 #
Motion for a resolution Paragraph 20 a (new) 20a. Suggests that the rules on the relationship between trademarks and GIs should apply to the GI protection of non- agricultural products;
Amendment 53 #
Motion for a resolution Paragraph 21 21. Proposes that Member States which already provide protection should be allowed the necessary time to ensure compliance, while at the same allowing for transitional arrangements to be applied, providing for a co-existence of the two systems before moving towards an EU mechanism;
Amendment 6 #
Motion for a resolution Recital B B. whereas high-quality traditional European products form part of the EU’s cultural heritage and are central to the economy and society in many of Europe’s regions in that they reflect their level of know-how and generate activities directly linked to local ways of life, especially in rural areas;
Amendment 7 #
Motion for a resolution Recital B a (new) Ba. whereas the reputation of a geographical indication is an intangible common asset which if not protected may be used freely, without restriction, causing its value to fall and even the loss of the product itself;
Amendment 8 #
Motion for a resolution Recital B b (new) Bb. whereas geographical indications can have great economic potential and affording them proper protection can bring significant benefits, especially for SMEs and EU regions;
Amendment 9 #
Motion for a resolution Recital C C. whereas Europe’s regions can boast a wealth of non-agricultural products resting on a very high standard of traditional know-how that helped to build their reputation;
source: 557.320
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