Sittings · Document
OPINION (COM(2022)0134 – C90130/2022 – 2022/0089(COD)) 2023-01-31
On the proposal for a regulation of the European Parliament and of the Council on European Union geographical indications for wine, spirit drinks and agricultural products, and quality schemes for agricultural products, amending Regulations (EU) No 1308/2013, (EU) 2017/1001 and (EU) 2019/787 and repealing Regulation (EU) No 1151/2012
Committee on Legal Affairs · Rapporteur: Adrián Vázquez Lázara
SHORT JUSTIFICATION
The rapporteur welcomes the Commission’s proposal aimed at strengthening the protection of geographical indications for wine, spirit drinks and agricultural products, and quality schemes for agricultural products (GIs).
In 2022 the European Commission and its Directorate-General for Agriculture and Rural Development (DG AGRI) informally agreed to delegate tasks in the scrutiny and registration process of geographical indications (GIs) to the European Union Intellectual Property Office (EUIPO), responsible for managing the EU trade mark and the registered Community design, an agency that is under the remit of the legal affairs committee.
The JURI rapporteur for this opinion sees the upcoming revision of the GI system as an opportunity to clarify the role of the EUIPO vis-à-vis the DG AGRI and the system of agricultural GIs. Indeed, the Memorandum of Understanding between DG AGRI and the EUIPO was reached in a way rather unbeknown to the Parliament and its Members, not providing enough certainty as to which tasks had been covered, which had not, and to what extent and purpose.
We should strive for further legal clarity. The Commission proposal indeed advances in that direction, acknowledging the EUIPO’s assistance role, but leaves out still the details of such cooperation regarding delegated acts. The JURI rapporteur believes that such tasks should be clearly delineated and agreed, among co-legislators, directly in that particular regulation.
One notable exception to that approach is the use of GI registers which, he believes, should be tackled through a further delegated act that should include the creation of a new GI register, its maintenance, update and protection.
On substance, hence, the JURI rapporteur sees a relevant role for the EUIPO in performing technical supporting tasks such as scrutinizing the application for registration, informing applicants in case of delay in the scrutiny process, seeking supplementary information from the applicant if necessary. Also in handling the publication of the single document in the Union registration, managing the opposition procedure or establishing and managing an alert system that would provide information about the availability of a geographical indication as a domain name.
The more substantial aspect of GI registration, like the analysis of the products specification (cahier des charges), however, should remain within the DG AGRI. Union amendments should also remain under the responsibility of DG AGRI.
The JURI rapporteur believes that a certain level of coherence between the revised system for agricultural GIs and the proposed system for craft GIs should be aimed for.
Overall, the JURI rapporteur sees the collaboration between EUIPO and DG AGRI as positive and cost-efficient but he wishes to clarify that collaboration.
The JURI rapporteur also suggests an amendment related to the rights of the information of the applicants and the timeline the Commission must respect when handling their requests.
AMENDMENTS
The Committee on Legal Affairs calls on the Committee on Agriculture and Rural Development, as the committee responsible, to take into account the following amendments:
Amendment 1
Proposal for a regulation
Recital 1
| Text proposed by the Commission | Amendment |
| (1) The European Green Deal22 included the design of a fair, healthy and environmentally-friendly food system (“farm to fork”) among the policies to transform the Union's economy for a sustainable future. | (1) The European Green Deal22 included the design of a fair sustainable, healthier and more environmentally-friendly food system accessible to all ('farm to fork') among the policies to transform the Union's economy for a sustainable future. |
| __________________ | __________________ |
| 22 https://ec.europa.eu/info/publications/communication-european-green-deal_en | 22 https://ec.europa.eu/info/publications/communication-european-green-deal_en |
Amendment 2
Proposal for a regulation
Recital 4
| Text proposed by the Commission | Amendment |
| (4) The quality and diversity of the Union’s wine, spirit drinks and agricultural production is one of its important strengths, giving a competitive advantage to the Union’s producers and making a major contribution to its living cultural and gastronomic heritage. This is due to the skills and determination of Union producers who have kept traditions alive while taking into account the developments of new production methods and material. | (4) The quality, accessibility and diversity of the Union’s wine, spirit drinks and agricultural production is one of its important strengths, giving a competitive advantage to the Union’s producers and making a major contribution to its living cultural and gastronomic heritage. This is due to the skills and determination of Union producers who have kept traditions and cultural identities alive while taking into account the developments of new production methods and material which have made traditional Union products a symbol of quality. |
Amendment 3
Proposal for a regulation
Recital 5
| Text proposed by the Commission | Amendment |
| (5) Citizens and consumers in the Union increasingly demand quality as well as traditional products. They are also concerned to maintain the diversity of agricultural production in the Union. This generates a demand for wine, spirit drinks and agricultural products with identifiable specific characteristics, in particular those linked to their geographical origin. | (5) Citizens and consumers in the Union increasingly demand quality as well as traditional products. They are also concerned to maintain the diversity of agricultural production in the Union. This generates a demand for wine, spirit drinks and agricultural products with identifiable specific characteristics, in particular those linked to their geographical origin. Citizens and consumers should expect that any geographical indication and quality scheme is backed up by robust verification and control systems, regardless of whether the products originate from the Union or a third country. |
Amendment 4
Proposal for a regulation
Recital 11
| Text proposed by the Commission | Amendment |
| (11) The Union has for some time been aiming at simplifying the regulatory framework of the Common Agricultural Policy. This approach should also apply to regulations in the field of geographical indications, without calling into question the specific characteristics of each sector. In order to simplify the lengthy registration and amendment procedures, harmonised procedural rules for geographical indications for wine, spirit drinks and agricultural products should be laid down in a single legal instrument, while maintaining product specific provisions for wine in Regulation (EU) No 1308/2013, for spirit drinks in Regulation (EU) 2019/787 and for agricultural products in this Regulation. The procedures for the registration, amendments to the product specification and cancellation of the registration in respect of geographical indications originating in the Union, including opposition procedures, should be carried out by the Member States and the Commission. The Member States and the Commission should be responsible for distinct stages of each procedure. Member States should be responsible for the first stage of the procedure, which consists of receiving the application from the producer group, assessing it, including running a national opposition procedure, and, following the results of the assessment, submitting the application to the Commission. The Commission should be responsible for scrutinising the application in the second stage of the procedure, including running a worldwide opposition procedure, and taking a decision on granting the protection to the geographical indication or not. Geographical indications should be registered only at Union level. However, with effect from the date of application with the Commission for registration at Union level, Member States should be able to grant transitional protection at national level without affecting the internal market or international trade. The protection afforded by this Regulation upon registration should be equally available to geographical indications of third countries that meet the corresponding criteria and that are protected in their country of origin. The Commission should carry out the corresponding procedures for geographical indications originating in third countries. | (11) The Union has for some time been aiming at simplifying the regulatory framework of the Common Agricultural Policy. This approach should also apply to regulations in the field of geographical indications, without calling into question the specific characteristics of each sector. In order to simplify the lengthy registration and amendment procedures, harmonised procedural rules for geographical indications for wine, spirit drinks and agricultural products should be laid down in a single legal instrument, while maintaining product specific provisions for wine in Regulation (EU) No 1308/2013, for spirit drinks in Regulation (EU) 2019/787 and for agricultural products in this Regulation. This harmonisation should be accompanied by adequate support for small producers and associations of small producers in the form of various instruments, such as the organisation by national authorities and the Commission of tailor-made training courses on the new rules to be introduced. The procedures for the registration, amendments to the product specification and cancellation of the registration in respect of geographical indications originating in the Union, including opposition procedures, should be carried out by the Member States and the Commission. The Member States and the Commission should be responsible for distinct stages of each procedure. Member States should be responsible for the first stage of the procedure, which consists of receiving the application from the producer group, assessing it, including running a national opposition procedure, and, following the results of the assessment, submitting the application to the Commission. The Commission should be responsible for examining the application in the second stage of the procedure, including running a worldwide opposition procedure, and taking a decision on granting the protection to the geographical indication or not. Geographical indications should be registered only at Union level. However, with effect from the date of application with the Commission for registration at Union level, Member States should be able to grant transitional protection at national level without affecting the internal market or international trade. The protection afforded by this Regulation upon registration should be equally available to geographical indications of third countries that meet the corresponding criteria and that are protected in their country of origin. The Commission should carry out the corresponding procedures for geographical indications originating in third countries. |
Amendment 5
Proposal for a regulation
Recital 13
| Text proposed by the Commission | Amendment |
| (13) To ensure coherent decision-making as regards applications for protection and judicial challenges against them, submitted in the national procedure, the Commission should be informed in a timely and regular manner when procedures are launched before national courts or other bodies concerning an application for registration forwarded by the Member State to the Commission and of their final results. For the same reason, where a Member State considers that a national decision on which the application for protection is based is likely to be invalidated as a result of national judicial proceedings, it should inform the Commission of that assessment. If the Member State requests the suspension of the scrutiny of an application at Union level, the Commission should be exempted from the obligation to meet the deadline for scrutiny established therein. In order to protect the applicant from vexatious legal actions and to preserve the applicant’s right to secure the protection of a name within a reasonable time, the exemption should be limited to cases in which the application for registration has been invalidated at national level by an immediately applicable but not final judicial decision or in which the Member State considers that the action to challenge the validity of the application is based on valid grounds. | (13) To ensure coherent and efficient decision-making as regards applications for protection and judicial challenges against them, submitted in the national procedure, the Commission should be informed in a prompt and regular manner when procedures are launched before national courts or other competent bodies concerning an application for registration forwarded by the Member State to the Commission and of their final results. For the same reason, where a Member State considers that a national decision on which the application for protection is based is likely to be invalidated as a result of national judicial proceedings, it should inform the Commission of that assessment. If the Member State requests the suspension of the scrutiny of an application at Union level, the Commission should be exempted from the obligation to meet the deadline for scrutiny established therein. In order to protect the applicant from vexatious legal actions and to preserve the applicant’s right to secure the protection of a name within a reasonable time, the exemption should be limited to cases in which the application for registration has been invalidated at national level by an immediately applicable but not final judicial decision or in which the Member State considers that the action to challenge the validity of the application is based on valid grounds. |
Amendment 6
Proposal for a regulation
Recital 14 a (new)
| Text proposed by the Commission | Amendment |
| (14a) With regard to the amendment process to a product specification, a temporary amendment should be considered as a standard amendment when it concerns a temporary change in the product specification resulting from the imposition of obligatory sanitary and phytosanitary measures by the public authorities or a temporary amendment necessary because of a natural disaster or adverse weather conditions recognised by the competent authorities, or a man-made disaster, such as war. |
Amendment 7
Proposal for a regulation
Recital 15
| Text proposed by the Commission | Amendment |
| (15) To ensure transparency and uniformity across Member States, it is necessary to establish and maintain an electronic Union register of geographical indications, registered as protected designations of origin or protected geographical indications. The register should provide information to consumers and to those involved in trade. The register should be an electronic database stored within an information system, and should be accessible to the public. | (15) To ensure transparency and uniformity across Member States, it is necessary to establish and maintain an electronic Union register of geographical indications, registered as protected designations of origin or protected geographical indications. The register should provide information to consumers and to those involved in trade. The register should be an electronic database stored within a secure information system, and should be accessible to the public. It should be kept up-to date and maintained by the European Union Intellectual Property Office (EUIPO). That register should enable easy access to the product specifications behind each geographical indication and quality schemes, regardless of whether they are from the Union or from third countries, including those recognised via trade agreements or via the mechanism provided for in the Geneva Act. |
Amendment 8
Proposal for a regulation
Recital 25
| Text proposed by the Commission | Amendment |
| (25) The relationship between internet domain names and protection of geographical indications should be clarified as regards the scope of the application of the remedy measures, the recognition of geographical indications in dispute resolution, and the fair use of domain names. Persons having a legitimate interest on a geographical indication applied for registration before the registration of the domain name should be empowered to request for the revocation or the transfer of the domain name in case of conflict. | (25) The relationship between internet domain names and protection of geographical indications should be clarified as regards the scope of the application of the remedy measures, the recognition of geographical indications in dispute resolution, and the fair use of domain names. Persons having a legitimate interest on a geographical indication applied for registration before the registration of the domain name or a producer group having a legitimate interest in it should be empowered to request for the revocation or the transfer of the domain name in case of conflict. In case of conflicts on domain names with non-Union Country-codes, or with Union country codes concerning non-Union Geographical Indications, the dispute settlement should be conducted by EUIPO in cooperation with the international dispute settlement systems already in place, such as the ones managed by WIPO and ICANN. |
Amendment 9
Proposal for a regulation
Recital 26
| Text proposed by the Commission | Amendment |
| (26) The relationship between trademarks and geographical indications should be clarified in relation to criteria for the rejection of trademark applications, the invalidation of trademarks and the coexistence between trademarks and geographical indications. | (26) The relationship between trademarks and geographical indications should be clarified and made more transparent in relation to criteria for the rejection of trademark applications, the invalidation of trademarks and the coexistence between trademarks and geographical indications. |
Amendment 10
Proposal for a regulation
Recital 31
| Text proposed by the Commission | Amendment |
| (31) The added value of the geographical indications is based on consumer trust. The system of geographical indications significantly relies on self-control, due diligence and individual responsibility of producers, while it is the role of the competent authorities of the Member States to take the necessary steps to prevent or stop the use of names of products, which are in breach of the rules governing geographical indications. The role of the Commission is to intervene in case of a systemic failure to apply Union law. Geographical indications should be subject to the system of official controls, in line with the principles set out in Regulation (EU) 2017/625 of the European Parliament and of the Council30 , which should include a system of controls at all stages of production, processing and distribution. Each operator should be subject to a control system that verifies compliance with the product specification. Taking into account that wine is subject to specific controls defined in the sectoral legislation, this Regulation should lay down controls for spirit drinks and agricultural products only. | (31) The added value of the geographical indications is based on consumer trust. The system of geographical indications significantly relies on self-control, due diligence and individual responsibility of producers, while it is the role of the competent authorities of the Member States to take the necessary steps to prevent or stop the use of names of products, which are in breach of the rules governing geographical indications. The role of the Commission is to intervene in case of a systemic failure to apply Union law. Geographical indications should be subject to the system of official controls, in line with the principles set out in Regulation (EU) 2017/625 of the European Parliament and of the Council30 , which should include a system of controls at all stages of production, processing and distribution. Each operator should be subject to a control system that verifies compliance with the product specification. Taking into account that wine is subject to specific controls defined in the sectoral legislation, this Regulation should lay down controls for spirit drinks and agricultural products only. Any Union consumer should likewise be able to access the product specifications of all recognised geographical indications and quality schemes in the Union, including those recognised via a trade agreement or via the multilateral recognition system by the Geneva Act. |
| __________________ | __________________ |
| 30 OJ L 95, 7.4.2017, p. 1. | 30 OJ L 95, 7.4.2017, p. 1. |
Amendment 11
Proposal for a regulation
Recital 32
| Text proposed by the Commission | Amendment |
| (32) In order to ensure that they are impartial and effective, the competent authorities designated to perform the verification of the compliance with the product specification should meet a number of operational criteria. Provisions on delegating some competences of performing specific control tasks to product certification bodies should be envisaged to facilitate the task of the control authorities and make the system more effective. | (32) In order to ensure that they are impartial and effective, the competent authorities designated to perform the verification of the compliance with the product specification should meet a number of operational criteria. When designating authorities responsible for taking appropriate administrative and judicial steps to prevent or stop the unlawful use of protected designations of origin and protected geographical indications, Member states should ensure that those authorities provide adequate guarantees of transparency, objectivity and impartiality, and that they have at their disposal the qualified staff and resources necessary to carry out their functions. Provisions on delegating some competences of performing specific control tasks to product certification bodies should be envisaged to facilitate the task of the control authorities and make the system more effective. |
Amendment 12
Proposal for a regulation
Recital 35
| Text proposed by the Commission | Amendment |
| (35) Enforcement of geographical indications in the marketplace is important to prevent fraudulent and deceptive practices thus ensuring that producers are properly rewarded for the added value of their products bearing a geographical indication and that illegal users of those geographical indications are prevented from selling their products. Controls should be carried out based on risk assessment or notifications from operators, and appropriate administrative and judicial steps should be taken to prevent or stop the use of names on products or services that contravene the protected geographical indications. | (35) Enforcement of geographical indications in the market is important to prevent fraudulent and deceptive practices and the effective combating of counterfeiting thus ensuring that producers are properly rewarded for the added value of their products bearing a geographical indication and that illegal users of those geographical indications are prevented from selling their products. Controls should be carried out based on risk assessment or notifications from operators, and appropriate, effective and proportionate administrative and judicial steps should be taken to prevent or stop the use of names on products or services that contravene the protected geographical indications. |
Amendment 13
Proposal for a regulation
Recital 39
| Text proposed by the Commission | Amendment |
| (39) The procedures for registration, amendment and cancellation of geographical indications, including the scrutiny and the opposition procedure, should be carried out in the most efficient way. This can be achieved by using the assistance for the scrutiny of the applications provided by the European Union Intellectual Property Office (EUIPO). While a partial outsourcing to EUIPO has been considered, the Commission would remain responsible for registration, amendment and cancellation, due to a strong relation with the Common Agricultural Policy and to the expertise needed to ensure that specificities of wine, spirit drinks and agricultural products are adequately assessed. | (39) The procedures for registration, amendment and cancellation of geographical indications, including the examination and the opposition procedure, should be carried out in the most efficient and transparent way. This can be achieved by using the assistance for the scrutiny of the applications provided by the European Union Intellectual Property Office (EUIPO). The Commission should however remain responsible for registration, amendment and cancellation, due to a strong relation with the Common Agricultural Policy and to the expertise needed to ensure that specificities of wine, spirit drinks and agricultural products are adequately assessed. The involvement of the EUIPO should not lead to delays or unnecessary administrative burden. |
Amendment 14
Proposal for a regulation
Recital 39 a (new)
| Text proposed by the Commission | Amendment |
| (39a) The role of the EUIPO should be clarified. The EUIPO should be tasked with assisting the Commission in examining application and preparing the observations for the Commission from the applicant if necessary. The EUIPO should support the Commission in the opposition procedure. It should assist the Commission in carrying out the tasks related to amendments to a product specification. |
Amendment 15
Proposal for a regulation
Recital 56
| Text proposed by the Commission | Amendment |
| (56) In order to supplement or amend certain non-essential elements of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of defining sustainability standards and laying down criteria for the recognition of existing sustainability standards; clarifying or adding items to be supplied as part of accompanying information; entrusting the EUIPO with the tasks related to scrutiny for opposition and the opposition procedure, operation of the register, publication of standard amendments to a product specification, consultation in the context of cancellation procedure, establishment and management of an alert system informing applicants about the availability of their geographical indication as a domain name, scrutiny of third country geographical indications other than geographical indications under the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications34 , proposed for protection pursuant to international negotiations or international agreements; establishing appropriate criteria for monitoring performance of the EUIPO in the execution of the tasks entrusted to it; laying down additional rules on the use of geographical indications to identify ingredients in processed products; laying down additional rules for determining the generic status of terms; establishing the restrictions and derogations with regard to the sourcing of feed in the case of a designation of origin; establishing restrictions and derogations with regard to the slaughtering of live animals or with regard to the sourcing of raw materials; laying down rules for determining the use of the denomination of a plant variety or of an animal breed; laying down rules which limit the information contained in the product specification for geographical indications and traditional specialities guaranteed; laying down further details of the eligibility criteria for traditional specialities guaranteed; laying down additional rules to provide for appropriate certification and accreditation procedures to apply in respect of product certification bodies; laying down additional rules to further detail protection of traditional specialities guaranteed; laying down for traditional specialities guaranteed additional rules for determining the generic status of terms, conditions for use of plant variety and animal breed denominations, and relation to intellectual property rights; defining additional rules for joint applications concerning more than one national territory and complementing the rules of the application process for traditional specialities guaranteed guaranteed; complementing the rules for the opposition procedure for traditional specialities guaranteed to establish detailed procedures and deadlines; supplementing the rules regarding the amendment application process for traditional specialities guaranteed; supplementing the rules regarding the cancellation process for traditional specialities guaranteed; laying down detailed rules relating to the criteria for optional quality terms; reserving an additional optional quality term, laying down its conditions of use; laying down derogations to the use of the term ‘mountain product’ and establishing the methods of production, and other criteria relevant for the application of that optional quality term, in particular, laying down the conditions under which raw materials or feedstuffs are permitted to come from outside the mountain areas. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making35 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. | (56) In order to supplement or amend certain non-essential elements of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of defining sustainability standards and laying down criteria for the recognition of existing sustainability standards; clarifying or adding items to be supplied as part of accompanying information; establishing appropriate criteria for monitoring performance of the EUIPO in the execution of the tasks entrusted to it; laying down additional rules on the use of geographical indications to identify ingredients in processed products; laying down additional rules for determining the generic status of terms; establishing the restrictions and derogations with regard to the sourcing of feed in the case of a designation of origin; establishing restrictions and derogations with regard to the slaughtering of live animals or with regard to the sourcing of raw materials; laying down rules for determining the use of the denomination of a plant variety or of an animal breed; laying down rules which limit the information contained in the product specification for geographical indications and traditional specialities guaranteed; laying down further details of the eligibility criteria for traditional specialities guaranteed; laying down additional rules to provide for appropriate certification and accreditation procedures to apply in respect of product certification bodies; laying down additional rules to further detail protection of traditional specialities guaranteed; laying down for traditional specialities guaranteed additional rules for determining the generic status of terms, conditions for use of plant variety and animal breed denominations, and relation to intellectual property rights; defining additional rules for joint applications concerning more than one national territory and complementing the rules of the application process for traditional specialities guaranteed guaranteed; complementing the rules for the opposition procedure for traditional specialities guaranteed to establish detailed procedures and deadlines; supplementing the rules regarding the amendment application process for traditional specialities guaranteed; supplementing the rules regarding the cancellation process for traditional specialities guaranteed; laying down detailed rules relating to the criteria for optional quality terms; reserving an additional optional quality term, laying down its conditions of use; laying down derogations to the use of the term ‘mountain product’ and establishing the methods of production, and other criteria relevant for the application of that optional quality term, in particular, laying down the conditions under which raw materials or feedstuffs are permitted to come from outside the mountain areas. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making35. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. |
| __________________ | __________________ |
| 34 https://www.wipo.int/publications/en/details.jsp?id=3983 | 34 https://www.wipo.int/publications/en/details.jsp?id=3983 |
| 35 OJ L 123, 12.5.2016, p. 1. | 35 OJ L 123, 12.5.2016, p. 1. |
Amendment 16
Proposal for a regulation
Article 4 – paragraph 1 – point d
| Text proposed by the Commission | Amendment |
| (d) efficient registration of geographical indications taking into account the appropriate protection of intellectual property rights; and | (d) simple, efficient and user-friendly registration of geographical indications including through a digital system and taking into account the uniform, appropriate and effective protection of intellectual property rights in the internal market, including the Union digital market; and |
Amendment 17
Proposal for a regulation
Article 4 – paragraph 1 – point e
| Text proposed by the Commission | Amendment |
| (e) effective enforcement and marketing throughout the Union and in electronic commerce ensuring the integrity of the internal market. | (e) effective enforcement and marketing throughout the Union, in the domain name system and in electronic commerce ensuring the integrity of and fair competition in the internal market |
Amendment 18
Proposal for a regulation
Article 4 – paragraph 1 – point e a (new)
| Text proposed by the Commission | Amendment |
| (ea) the fair distribution across the value chain of added value associated with geographical indications leading to investments in the quality of such products and their reputation; |
Amendment 19
Proposal for a regulation
Article 17 – title
| Text proposed by the Commission | Amendment |
| Scrutiny by the Commission and publication for opposition | Examination by the Commission and publication for opposition |
Amendment 20
Proposal for a regulation
Article 17 – paragraph 1
| Text proposed by the Commission | Amendment |
| 1. The Commission shall scrutinise any application for registration that it receives pursuant to Article 16(1). Such scrutiny shall consist of a check that there are no manifest errors, 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. | 1. The Commission shall examine any application for registration that it receives pursuant to Article 16(1). |
Amendment 21
Proposal for a regulation
Article 17 – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
| 1a. The EUIPO shall pre-examine the applications the Commission receives. Such examination shall consist of a check that: | |
| (a) there are no manifest errors, | |
| (b) the information provided in accordance with Article 15 is complete and | |
| (c) the single document referred to in Article 13 is precise and technical in nature. | |
| The examination shall take into account the outcome of the national procedure carried out by the Member State concerned. It shall deliver its opinion to the Commission. |
(Paragraph 1a (new) reproduces part of the text of paragraph 1 of the Commission proposal.)
Amendment 22
Proposal for a regulation
Article 17 – paragraph 1 b (new)
| Text proposed by the Commission | Amendment |
| 1b. Where, based on the examination carried out pursuant to paragraph 1, the Commission finds that the application is incomplete or incorrect, the Commission shall send its observations to the Member State or, in the case of third country applications, to the relevant applicant or competent authority that has submitted the Union application, and request to complete or to correct the application within 60 days. If the Member State or, in case of third country applications, the relevant applicant or competent authority, does not complete the application within the deadline, the application shall be suspended and the Commission shall inform the applicant that the application will be rejected if not completed or corrected within the following 14 days. |
Amendment 23
Proposal for a regulation
Article 17 – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. Scrutiny should not exceed a period of 6 months. In the event that the scrutiny period exceeds or is likely to exceed 6 months the Commission shall inform the applicant of the reasons for the delay in writing. | deleted |
(Paragraph 2 is moved after paragraph 3 and amended.)
Amendment 24
Proposal for a regulation
Article 17 – paragraph 3
| Text proposed by the Commission | Amendment |
| 3. The Commission may seek supplementary information from the applicant. | 3. The Commission may seek supplementary information from the competent authority or the applicant. |
Amendment 25
Proposal for a regulation
Article 17 – paragraph 3 a (new)
| Text proposed by the Commission | Amendment |
| 3a. The examination shall not exceed a period of 6 months. In duly justified cases, the examination period may be extended by a maximum of 3 months. In the event that the examination period exceeds or is likely to exceed 6 months the Commission shall inform the applicant of the reasons for the delay in writing. |
(Paragraph 3a (new) reproduces partially the text of paragraph 2.)
Amendment 26
Proposal for a regulation
Article 17 – paragraph 4
| Text proposed by the Commission | Amendment |
| 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. | 4. Based on the opinion referred to in paragraph 1a, the Commission shall finalise the examination and, where it 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 27
Proposal for a regulation
Article 17 – paragraph 5
| Text proposed by the Commission | Amendment |
| 5. The Commission shall be empowered to adopt delegated acts in accordance with Article 84 supplementing this Regulation by rules on entrusting EUIPO with the tasks set out in this Article. | deleted |
Amendment 28
Proposal for a regulation
Article 18 – paragraph 1
| Text proposed by the Commission | Amendment |
| 1. Member States shall keep the Commission informed of any national administrative or judicial proceedings that may affect the registration of a geographical indication. | 1. Member States shall immediately inform the Commission of any national administrative or judicial proceedings that may affect the registration of a geographical indication. |
Amendment 29
Proposal for a regulation
Article 18 – paragraph 2 – introductory part
| Text proposed by the Commission | Amendment |
| 2. The Commission shall be exempted from the obligation to meet the deadline to perform the scrutiny referred to in Article 17(2) and to 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: | 2. The Commission shall be exempted from the obligation to meet the deadline to perform the examination referred to in Article 17(2) and shall inform the applicant of the reasons for the delay where the Member State: |
Amendment 30
Proposal for a regulation
Article 18 – paragraph 2 – point b
| Text proposed by the Commission | Amendment |
| (b) requests the Commission to suspend the scrutiny because national administrative or judicial proceedings have been initiated to challenge the validity of the application and the Member State considers that those proceedings are based on valid grounds. | (b) requests the Commission to suspend the examination because national administrative or judicial proceedings have been initiated to challenge the validity of the application and the Member State considers that those proceedings are based on valid grounds. |
Amendment 31
Proposal for a regulation
Article 18 – paragraph 3
| Text proposed by the Commission | Amendment |
| 3. The exemption shall have effect until the Commission is informed by the Member State that the original application has been restored or that the Member State withdraws its request for suspension. | 3. The exemption set out in paragraph 2 shall have effect until the Commission is informed by the competent authority of the Member State that the original application has been restored or that the Member State withdraws its request for suspension. |
Amendment 32
Proposal for a regulation
Article 18 – paragraph 4
| Text proposed by the Commission | Amendment |
| 4. If the application has been invalidated by a final decision taken by a national court, the Member State shall consider appropriate action such as withdrawal or modification of the Union application for registration, as necessary. | 4. If the application has been invalidated by a final decision taken by a national court, the competent authority of the Member State shall consider appropriate action such as withdrawal or modification of the Union application for registration, as necessary. |
Amendment 33
Proposal for a regulation
Article 19 – title
| Text proposed by the Commission | Amendment |
| Union opposition procedure | Union-level opposition procedure |
Amendment 34
Proposal for a regulation
Article 19 – paragraph 1
| Text proposed by the Commission | Amendment |
| 1. Within 3 months from the date of publication in the Official Journal of the European Union of the single document and the reference to the product specification pursuant to Article 17(4), the authorities of a Member State or of a third country, or a natural or legal person having a legitimate interest, established or resident in a third country, may lodge an opposition or a notice of comment with the Commission. | 1. Within 3 months from the date of publication in the Official Journal of the European Union of the single document and the reference to the product specification pursuant to Article 17(4), the authorities of a Member State or of a third country, or a natural or legal person having a legitimate interest, established or resident in a third country, may lodge an opposition with the Commission. |
Amendment 35
Proposal for a regulation
Article 19 – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. Any natural or legal person having a legitimate interest, established or resident in a Member State other than the one from which the Union application for registration was submitted, may lodge an opposition with the Member State, in which it is established or resident, within a time limit permitting an opposition or notice of comments to be lodged pursuant to paragraph (1). | 2. Any natural or legal person having a legitimate interest, established or resident in a Member State other than the one from which the Union application for registration was submitted, may lodge an opposition with the Member State, in which it is established or resident, within a time limit permitting an opposition to be lodged pursuant to paragraph (1). |
Amendment 36
Proposal for a regulation
Article 19 – paragraph 4
| Text proposed by the Commission | Amendment |
| 4. The Commission shall check 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. | 4. The Commission, supported by the EUIPO, shall check 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 and within 30 days after the receipt of that opposition invite in writing 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. Mediation for the consultations between the applicants and the Union opponent shall be offered pursuant to Article 170 of Regulation (EU) 2017/1001. |
Amendment 37
Proposal for a regulation
Article 19 – paragraph 5
| Text proposed by the Commission | Amendment |
| 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. | 5. The applicant and the opponent 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 38
Proposal for a regulation
Article 19 – paragraph 6
| Text proposed by the Commission | Amendment |
| 6. Within 1 month from the end of the consultations referred to in paragraph (4), the applicant producer group established in the third country or the authorities of the Member State or of the third country from which the Union application for registration was lodged shall notify the Commission of the result of the consultations, including all the information exchanged, whether agreement was reached with one or all of the opponents, and of any consequent changes to the application for registration. The authority or person that lodged an opposition to the Commission may also notify the Commission of its position at the end of the consultations. | 6. Within 1 month from the end of the consultations referred to in paragraph (4), the applicant producer group established in the third country or the competent authority of the Member State or of the third country from which the Union application for registration was lodged shall notify the Commission of the result of the consultations, including all the information exchanged, whether agreement was reached with one or all of the opponents, and of any consequent changes to the application for registration. The authority or person that lodged an opposition to the Commission may also notify the Commission of its position at the end of the consultations. |
Amendment 39
Proposal for a regulation
Article 19 – paragraph 7
| Text proposed by the Commission | Amendment |
| 7. Where, following the end of the consultations referred to in paragraph (4), the data published in accordance with Article 17(4) have been modified, the Commission shall repeat its scrutiny of the application for registration as modified. Where the application for registration has been modified in a substantial manner, and the Commission considers that the modified application meets the conditions for registration, it shall publish the application once more in accordance with that paragraph. | 7. Where, following the end of the consultations referred to in paragraph (4), the data published in accordance with Article 17(4) have been modified, the Commission shall repeat its examination of the application for registration as modified. Where the application for registration has been modified in a substantial manner, and the Commission considers that the modified application meets the conditions for registration, it shall publish the application once more in accordance with that paragraph. |
Amendment 40
Proposal for a regulation
Article 19 – paragraph 9
| Text proposed by the Commission | Amendment |
| 9. After completion of the opposition procedure, the Commission shall finalise its assessment of the Union application for registration, taking into account any request for transitional periods, the outcome of the opposition procedure, any notice of comments received and any other matters arising subsequently to its scrutiny that may imply a change of the single document. | 9. After completion of the opposition procedure, the Commission shall finalise its assessment of the Union application for registration, taking into account any request for transitional periods, the outcome of the opposition procedure, received and any other matters arising subsequently to its examination that may imply a change of the single document. |
Amendment 41
Proposal for a regulation
Article 19 – paragraph 10
| Text proposed by the Commission | Amendment |
| 10. The Commission shall be empowered to adopt delegated acts, in accordance with Article 84 supplementing this Regulation by detailed procedures and deadlines for the opposition procedure, for the official submission of comments by national authorities and persons with a legitimate interest, which will not trigger the opposition procedure and by rules on entrusting its tasks set out in this Article to EUIPO. | 10. The Commission shall be empowered to adopt delegated acts, in accordance with Article 84 supplementing this Regulation by detailed procedures and deadlines for the opposition procedure, for the official submission of comments by national authorities and persons with a legitimate interest, which will not trigger the opposition procedure. |
Amendment 42
Proposal for a regulation
Article 19 – paragraph 10 a (new)
| Text proposed by the Commission | Amendment |
| 10a. The EUIPO shall support the Commission in: | |
| (a) providing technical assistance in opposition procedures; | |
| (b) checking the admissibility of the oppositions referred to in paragraph 4; | |
| (c) assisting the Commission in the examination, and in the cases referred to in paragraph 7 (repetition of the examination in the event that, following the end of the consultations, the data published in the single document have been modified, and, where the application for registration has been modified in a substantial manner and meets the conditions for registration, re-publication of the single document); | |
| (d) providing an assessment to the Commission on the Union application for registration. |
Amendment 43
Proposal for a regulation
Article 20
| Text proposed by the Commission | Amendment |
| Article 20 | Article 20 |
| Grounds for opposition | Admissibility and grounds for opposition |
| 1. An opposition lodged in accordance with Article 19 shall be admissible only if the opponent demonstrates that: | 1. An opposition lodged in accordance with Article 19 shall be admissible only if it contains a declaration that the application could infringe the conditions laid down in paragraph 2 of this Article and give justification in a reasoned statement of opposition. An opposition that does not contain the reasoned statement of opposition shall be void and therefore rejected. |
| 1a. An opposition shall be based on one or more of the following grounds for opposition: | |
| (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; | (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; |
| (b) registration of the proposed geographical indication would be prevented by one or more of the circumstances referred to in 29, Article 30, Article 31 or Article 49(1); | (b) registration of the proposed geographical indication would be prevented by one or more of the circumstances referred to in Article 29, Article 30, Article 31 or Article 49(1); or |
| (c) the registration of the proposed geographical indication would jeopardise the existence of an entirely or partly identical name or of a trade mark or the existence of products which have been legally on the market for at least 5 years preceding the date of the publication provided for in Article 17(4). | (c) the registration of the proposed geographical indication would jeopardise the existence of an entirely or partly identical name or of a trade mark or the existence of products which have been legally on the market for at least 5 years preceding the date of the publication provided for in Article 17(4). |
| 2. The admissibility of an opposition shall be assessed by the Commission in relation to the territory of the Union. | 2. The admissibility of an opposition shall be assessed by the Commission in relation to the territory of the Union. |
Amendment 44
Proposal for a regulation
Article 20 a (new)
| Text proposed by the Commission | Amendment |
| Article 20a | |
| Notice of comments procedure | |
| 1. In order to correct inaccuracies in an ongoing registration procedure for a geographical indication, a competent authority of a Member State or of a third country, or a natural or legal person having a legitimate interest and established or resident in a third country or in another Member State may lodge a notice of comment with the Commission within three months of the date of publication of the single document and the product specification reference in the Union register. | |
| 2. The notice of comment referred to in paragraph 1 shall not be based on the grounds for opposition referred to in Article 20. The competent authority or person that lodges a notice of comment shall not be considered to be a party to the procedure. | |
| 3. The Commission shall share the notice of comment with the applicant and shall take the notice of comment into consideration when deciding on the application of the registration, unless it is unclear or obviously incorrect. | |
| 4. In order to facilitate the management of the notice of comment procedure, the Commission may adopt implementing acts laying down rules on the submission of such notice of comments and specifying their format and online presentation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 53(2). |
Amendment 45
Proposal for a regulation
Article 21 – paragraph 5
| Text proposed by the Commission | Amendment |
| 5. When using a designation referred to in paragraphs 1 and 3, the indication of the country of origin shall clearly and visibly appear on the labelling. | 5. When using a designation referred to in paragraphs 1 and 3, the indication of the country of origin shall clearly and visibly appear on the labelling and where applicable, on the production description when it is marketed on an online sales website. |
Amendment 46
Proposal for a regulation
Article 21 – paragraph 6
| Text proposed by the Commission | Amendment |
| 6. To overcome temporary difficulties with the long-term objective of ensuring that all producers of a product designated under a geographical indication in the area concerned comply with the related product specification, a Member State may grant a transitional period for compliance, of up to 10 years, with effect from the date on which the application is lodged with the Commission, provided that the operators concerned have legally marketed the products in question, using the names concerned continuously for at least 5 years preceding the lodging of the application to the authorities of that Member State and have referred to that fact in the national opposition procedure referred to in Article 9(4). | 6. To overcome temporary difficulties with the long-term objective of ensuring that all producers of a product designated under a geographical indication in the area concerned comply with the related product specification, a Member State may grant a transitional period for compliance, of up to 10 years, with effect from the date on which the application is registered with the Commission, provided that the operators concerned have legally marketed the products in question, using the names concerned continuously for at least 5 years preceding the lodging of the application to the authorities of that Member State and have referred to that fact in the national opposition procedure referred to in Article 9(4). |
Amendment 47
Proposal for a regulation
Article 22 – paragraph -1 (new)
| Text proposed by the Commission | Amendment |
| -1. After completion of the opposition procedure, the Commission shall finalise its assessment of the Union application for registration, taking into account any request for transitional periods, the outcome of the opposition procedure received and any other matters arising subsequently to its examination that may imply a change of the single document. |
Amendment 48
Proposal for a regulation
Article 22 – paragraph 1
| Text proposed by the Commission | Amendment |
| 1. Where, on the basis of the information available to the Commission from the scrutiny carried out pursuant to Article 17, the Commission considers that any of the requirements referred therein is not fulfilled, it shall adopt implementing acts rejecting the application for registration. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 53(2). | 1. Where, on the basis of the information available to the Commission from the examination carried out pursuant to Article 17, the Commission considers that any of the requirements referred therein is not fulfilled, it shall adopt implementing acts rejecting the application for registration. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 53(2). |
Amendment 49
Proposal for a regulation
Article 22 – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. Where it receives no admissible opposition, the Commission shall adopt implementing acts, without applying the procedure referred to in Article 53(2), registering the geographical indication. The Commission may take in to account the notices of comments received in accordance with Article 19(1). | 2. Where the application meets the requirements laid down in Article 15 and the Commission receives no admissible and grounded opposition, the Commission shall adopt implementing acts, without applying the procedure referred to in Article 53(2), registering the geographical indication. The Commission may take in to account the notices of comments received in accordance with Article 20 a (new). |
Amendment 50
Proposal for a regulation
Article 22 – paragraph 3 – introductory part
| Text proposed by the Commission | Amendment |
| 3. Where it receives an admissible opposition, the Commission shall, following the consultations referred to in Article 19(4) and taking into account the results thereof, | 3. Where it receives an admissible and grounded opposition, the Commission shall, following the consultations referred to in Article 19(4) and taking into account the results thereof, |
Amendment 51
Proposal for a regulation
Article 22 – paragraph 3 – point b
| Text proposed by the Commission | Amendment |
| (b) adopt implementing acts deciding on the application for registration, if an agreement has not been reached. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 53(2). | (b) if no agreement has been reached following the consultations, adopt implementing acts deciding on the application for registration. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 53(2). |
Amendment 52
Proposal for a regulation
Article 22 – paragraph 5
| Text proposed by the Commission | Amendment |
| 5. Regulations of registration and decisions on rejection shall be published in the Official Journal of the European Union, L series. | 5. Regulations of registration and decisions on rejection shall be published in the Official Journal of the European Union, L series and in the Union register of geographical indications. |
Amendment 53
Proposal for a regulation
Article 23 – paragraph 1
| Text proposed by the Commission | Amendment |
| 1. The Commission shall adopt implementing acts, without applying the procedure referred to in Article 53(2), containing provisions on establishing and maintaining a publicly accessible electronic register of geographical indications protected under this Regulation (the ‘Union register of geographical indications’). The register shall have three parts corresponding to geographical indications of wine, of spirit drinks and of agricultural products respectively. | 1. The Commission shall adopt implementing acts, without applying the procedure referred to in Article 53(2), containing provisions on developing, keeping and maintaining an accessible electronic Union register of geographical indications protected under this Regulation, which shall be made easily accessible to the public and in a machine-readable format. The register shall have three parts corresponding to geographical indications of wine, of spirit drinks and of agricultural products respectively. |
Amendment 54
Proposal for a regulation
Article 23 – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
| 1a. The Union register as referred to in paragraph 1 shall be kept up-to-date and maintained by the EUIPO for applications for registration, amendment and cancellation of GIs. |
Amendment 55
Proposal for a regulation
Article 23 – paragraph 5
| Text proposed by the Commission | Amendment |
| 5. The Commission shall make public and regularly update the list of the international agreements referred to in paragraph (3) as well as the list of geographical indications protected under those agreements. | 5. The EUIPO shall make public and, in the case of changes, update the list of the international agreements referred to in paragraph (3) as well as the list of geographical indications protected under those agreements. |
Amendment 56
Proposal for a regulation
Article 23 – paragraph 6
| Text proposed by the Commission | Amendment |
| 6. The Commission shall retain documentation related to the registration of a geographical indication in digital or paper form for the period of validity of the geographical indication, and in case of cancellation for 10 years thereafter. | 6. The EUIPO shall retain documentation related to the registration of a geographical indication in digital or paper form for the period of validity of the geographical indication, including in case of cancellation and rejection for 10 years thereafter. |
Amendment 57
Proposal for a regulation
Article 23 – paragraph 7
| Text proposed by the Commission | Amendment |
| 7. The Commission shall be empowered to adopt delegated acts in accordance with Article 84 supplementing this Regulation by rules on entrusting EUIPO to operate the Union register of geographical indications. | deleted |
Amendment 58
Proposal for a regulation
Article 24 – paragraph 1
| Text proposed by the Commission | Amendment |
| 1. Any person shall be able to download an official extract from the Union register of geographical indications that provides proof of registration of the geographical indication, and the relevant data including the date of application for the registration of the geographical indication or other priority date. This official extract may be used as an authentic certificate in legal proceedings, in a court of law, court of arbitration or similar body. | 1. Any person shall be able to easily in a machine-readable format and free of charge download an official extract from the Union register of geographical indications that provides proof of registration or rejection of the geographical indication, and other relevant data including the date of application for the registration of the geographical indication or other priority date. This official extract may be used as an authentic certificate in legal proceedings, in a court of law, court of arbitration or similar body. |
Amendment 59
Proposal for a regulation
Article 24 – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. Where a producer group has been recognised by the national authorities in accordance with Article 33, that group shall be identified as the rights' holder of the geographical indication in the Union register of geographical indications and in the official extract referred to in paragraph (1). | 2. Where a producer group has been recognised by the national authorities in accordance with Article 33 or by an authority of a third country, that group shall be identified as 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 60
Proposal for a regulation
Article 25 – paragraph 1
| Text proposed by the Commission | Amendment |
| 1. A producer group having a legitimate interest may apply for the approval of an amendment to the product specification of a registered geographical indication. | 1. A recognised producer group having a legitimate interest may apply for the approval of an amendment to the product specification of a registered geographical indication. |
Amendment 61
Proposal for a regulation
Article 25 – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
| 1a. Where such a group does not exist, a producer group having a legitimate interest or, in exceptional and duly justified cases, any individual producer which is the only producer of the geographical indication may submit an application to amend a product specification. Producers may only submit an application to amend the specification for the geographical indication product they produce. |
Amendment 62
Proposal for a regulation
Article 25 – paragraph 3
| Text proposed by the Commission | Amendment |
| 3. An amendment shall be a Union amendment if it entails a change of the single document and: | 3. An amendment shall be considered a Union amendment if it concerns a revision of the single document and if any of the following conditions are met. |
| (a) includes a change in the name, or in the use of the name, or, for wine and spirit drinks, in the category of product or products designated by the geographical indication, or, for spirit drinks, in the legal name; or | (a) the amendment includes a change in the name, or in the use of the name, or, for wine and spirit drinks, in the category of product or products designated by the geographical indication, or, for spirit drinks, in the legal name; or |
| (b) risks voiding the link to the geographical area referred to in the single document; or | (b) the amendment risks voiding the link to the geographical area referred to in the single document; or |
| (c) entails further restrictions on the marketing of the product. | (c) the amendment entails further restrictions on the marketing of the product. |
Amendment 63
Proposal for a regulation
Article 25 – paragraph 3 a (new)
| Text proposed by the Commission | Amendment |
| 3a. Union amendments shall be assessed and approved by the Commission, with the assistance of the EUIPO. The approval procedure shall follow, mutatis mutandis, the procedure laid down from Article 8 to Article 22. |
(The text of paragraph 3a (new) reproduces parts of the text of paragraph 6 of the same article.)
Amendment 64
Proposal for a regulation
Article 25 – paragraph 5
| Text proposed by the Commission | Amendment |
| 5. A standard amendment shall be considered as a temporary amendment when it concerns a temporary change in the product specification resulting from the imposition of obligatory sanitary and phytosanitary measures by the public authorities or a temporary amendment necessary because of a natural disaster or adverse weather conditions formally recognised by the competent authorities. | 5. A temporary amendment shall be considered as a standard amendment when it concerns a temporary change in the product specification resulting from the imposition of obligatory sanitary and phytosanitary measures by the public authorities or a temporary amendment necessary because of a natural disaster or adverse weather conditions recognised by the competent authorities, or a man-made disaster . |
Amendment 65
Proposal for a regulation
Article 25 – paragraph 6
| Text proposed by the Commission | Amendment |
| 6. Union amendments shall be approved by the Commission. The approval procedure shall follow, mutatis mutandis, the procedure laid down from Article 8 to Article 22. | deleted |
(Paragraph 6 is moved after paragraph 3 and amended.)
Amendment 66
Proposal for a regulation
Article 25 – paragraph 7
| Text proposed by the Commission | Amendment |
| 7. Applications for Union amendments submitted by a third country or by producers 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. | 7. Applications for Union amendments submitted by a third country or by producers established 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 67
Proposal for a regulation
Article 25 – paragraph 8
| Text proposed by the Commission | Amendment |
| 8. If an application for a Union amendment to the product specification of a registered geographical indication also includes standard amendments or temporary amendments, the Commission shall scrutinise the Union amendment only. Any standard amendments or temporary amendments shall be deemed as not having been submitted. The scrutiny of such applications shall focus on the proposed Union amendments. Where appropriate, the Commission or the Member State concerned may invite the applicant to modify other elements of the product specifications. | 8. If an application for a Union amendment to the product specification of a registered geographical indication also includes standard amendments or temporary amendments, the Commission shall examine the Union amendment only. Any standard amendments or temporary amendments shall be deemed as not having been submitted. The examination of such applications shall focus on the proposed Union amendments. Where appropriate, the Commission or the Member State concerned may invite the applicant to modify other elements of the product specifications. |
Amendment 68
Proposal for a regulation
Article 25 – paragraph 9
| Text proposed by the Commission | Amendment |
| 9. Standard amendments shall be approved by Member States or third countries in whose territory the geographical area of the product concerned is located and communicated to the Commission. The Commission shall make those amendments public. | 9. Standard amendments shall be approved by Member States or third countries in whose territory the geographical area of the product concerned is located and communicated to the Commission. The Commission shall make those amendments public by publishing them in the Official Journal of the European Union, L series, and in the Union register of geographical indications. |
Amendment 69
Proposal for a regulation
Article 25 – paragraph 10
| Text proposed by the Commission | Amendment |
| 10. The Commission shall be empowered to adopt delegated acts in accordance with Article 84 supplementing this Regulation by provisions entrusting EUIPO with the publication of standard amendments referred to in paragraph (9). | deleted |
Amendment 70
Proposal for a regulation
Article 25 – paragraph 10 a (new)
| Text proposed by the Commission | Amendment |
| 10a. The EUIPO shall be responsible for the publication of standard amendments referred to in paragraph 9 in the Union register of geographical indications. The EUIPO shall perform the technical examination of the Union amendments and prepare the observations, which shall be verified and sent to the applicants by the Commission. |
Amendment 71
Proposal for a regulation
Article 26 – paragraph 1 – point b
| Text proposed by the Commission | Amendment |
| (b) where no product has been placed on the market under the geographical indication for at least seven consecutive years. | (b) where no product has been placed on the market under the geographical indication for at least five consecutive years. |
Amendment 72
Proposal for a regulation
Article 26 – paragraph 6
| Text proposed by the Commission | Amendment |
| 6. The Commission shall be empowered to adopt delegated acts in accordance with Article 84 supplementing this Regulation by rules entrusting EUIPO with the tasks set out in paragraph (5). | deleted |
Amendment 73
Proposal for a regulation
Article 27 – paragraph 1 – point a
| Text proposed by the Commission | Amendment |
| (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; | (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 74
Proposal for a regulation
Article 27 – paragraph 1 – point b
| Text proposed by the Commission | Amendment |
| (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 or accompanied by an expression such as ‘style’, ‘type’, ‘method’, ‘as produced in’, ‘imitation’, ‘flavour’, ‘like’ or similar. | (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 where those products are used as ingredients. |
Amendment 75
Proposal for a regulation
Article 27 – paragraph 4 – point a a (new)
| Text proposed by the Commission | Amendment |
| (aa) goods produced in the Union and destined to be exported and marketed in third countries; and |
Amendment 76
Proposal for a regulation
Article 27 – paragraph 5
| Text proposed by the Commission | Amendment |
| 5. The recognised group of producers or any operator that is entitled to use the protected designation of origin or protected geographical indication shall be entitled to prevent all third parties from bringing goods, in the course of trade, into the Union without being released for free circulation there, where such goods, including packaging, come from third countries and are in breach of paragraph (1). | 5. The recognised group of producers or any producer that is entitled to use the protected designation of origin or protected geographical indication shall be entitled to prevent all third parties from bringing goods, in the course of trade, into the Union without being released for free circulation there, where such goods, including packaging, come from third countries and are in breach of paragraph 1. |
Amendment 77
Proposal for a regulation
Article 31
| Text proposed by the Commission | Amendment |
| Article 31 | deleted |
| Trade marks | |
| A name shall not be registered as a geographical indication where, in the light of a trade mark's reputation and renown, registration of the name proposed as a geographical indication could mislead the consumer as to the true identity of the product. |
Amendment 78
Proposal for a regulation
Article 34 – paragraph 1
| Text proposed by the Commission | Amendment |
| 1. Country-code top-level domain name registries established in the Union may, upon the request of a natural or legal person having a legitimate interest or rights, revoke or transfer a domain name registered under such country-code top-level domain to the recognised producer group of the products with the geographical indication concerned, following an appropriate alternative dispute resolution procedure or judicial procedure, if such domain name has been registered by its holder without rights or legitimate interest in the geographical indication or if it has been registered or is being used in bad faith and its use contravenes Article 27. | 1. Country-code and other top-level domain name registries established in the Union shall ex officio and upon the request of a natural or legal person being the rights-holder of a geographical indication or being mandated by a producer group having a legitimate interest in a protected geographical indication, revoke or transfer a domain name registered under such top-level domain to the recognised producer group of the products with the geographical indication concerned, following an appropriate alternative dispute resolution procedure or judicial procedure, if such domain name has been registered by its holder without rights or legitimate interest in the geographical indication or if it has been registered or is being used in bad faith and its use contravenes Article 27. |
Amendment 79
Proposal for a regulation
Article 34 – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. Country-code top-level domain name registries established 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. | 2. Country-code and other top-level domain name registries established 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 80
Proposal for a regulation
Article 34 – paragraph 3
| Text proposed by the Commission | Amendment |
| 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. That delegated act shall also include the obligation for registries of country-code top-level domain names, established in the Union, to provide EUIPO with the relevant information and data. | 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. EUIPO shall 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 acts shall also include the obligation for registries of top-level domain names and the EURid, established in the Union, to provide EUIPO with the relevant information and data. |
Amendment 81
Proposal for a regulation
Article 35 – title
| Text proposed by the Commission | Amendment |
| Conflicting trade marks | Relationship between trade marks and geographical indications |
(Article 35 merged with Article 31)
Amendment 82
Proposal for a regulation
Article 35 – paragraph 1
| Text proposed by the Commission | Amendment |
| 1. The registration of a trade mark the use of which would contravene Article 27 shall be rejected if the application for registration of the trade mark is submitted after the date of submission to the Commission of the application for the registration of the geographical indication. | 1. An application for the registration of a trade mark the use of which would contravene Article 27 shall be rejected if the application for registration of the trade mark is submitted after the date of submission to the Commission of the application for the registration of the geographical indication. |
Amendment 83
Proposal for a regulation
Article 35 – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
| 1a. An application for the registration of a geographical indication shall be rejected where, in the light of a well known trade mark or the reputation of the trade mark, the name proposed as a geographical indication is liable to mislead the consumer as to the true identity of the product. |
Amendment 84
Proposal for a regulation
Article 35 – paragraph 3
| Text proposed by the Commission | Amendment |
| 3. A trade mark the use of which contravenes Article 27, which has been applied for, registered, or established by use in good faith within the territory of the Union, if that possibility is provided for by the legislation concerned, before the date on which the application for registration of the geographical indication is submitted to the Commission, may continue to be used and renewed notwithstanding the registration of a geographical indication, provided that no grounds for invalidity or revocation of the trade mark exist under Directive (EU) 2015/2436 or Regulation (EU) 2017/1001. In such cases, the use of the geographical indication, if then registered, and that of the relevant trade mark shall be permitted. | 3. Without prejudice to paragraph 2 of this Article, a trade mark the use of which contravenes Article 27, which has been applied for, registered, or established by use in good faith within the territory of the Union, if that possibility is provided for by the legislation concerned, before the date on which the application for registration of the geographical indication is submitted to the Commission, may continue to be used and renewed notwithstanding the registration of a geographical indication, provided that no grounds for invalidity or revocation of the trade mark exist under Directive (EU) 2015/2436 or Regulation (EU) 2017/1001. In such cases, the use of the geographical indication, if then registered, and that of the relevant trade mark shall be permitted. |
Amendment 85
Proposal for a regulation
Article 38 – paragraph 2 – point b
| Text proposed by the Commission | Amendment |
| (b) monitoring of the use of geographical indications in the marketplace. | (b) monitoring of the use of geographical indications in the market, including in electronic commerce . |
Amendment 86
Proposal for a regulation
Article 39 – paragraph 1
| Text proposed by the Commission | Amendment |
| 1. Member States shall draw up and keep up to date a list of producers of products designated by a geographical indication entered in the Union register of geographical indications originating in their territory. | 1. Member States shall draw up and keep up to date the list of producers of products designated by a geographical indication entered in the Union register of geographical indications originating in their territory. |
Amendment 87
Proposal for a regulation
Article 39 – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. Producers are responsible for internal controls that ensure compliance with the product specification of products designated by geographical indications before the product is placed on the market. | 2. Producers are responsible for ensuring compliance with the product specification of products designated by geographical indications before the product is placed on the market. |
Amendment 88
Proposal for a regulation
Article 39 – paragraph 3 – introductory part
| Text proposed by the Commission | Amendment |
| 3. In addition to internal controls referred to in paragraph 2, prior to placing on the market a product designated by a geographical indication and originating in the Union, third party verification of compliance with the product specification, shall be carried out by: | 3. In addition to actions to ensure compliance referred to in paragraph 2, prior to placing on the market a product designated by a geographical indication and originating in the Union, third party verification of compliance with the product specification, shall be carried out by: |
Amendment 89
Proposal for a regulation
Article 39 – paragraph 7
| Text proposed by the Commission | Amendment |
| 7. The costs of verification of compliance with the product specification may be borne by the operators which are subject to those controls. The Member States may also contribute to those costs. | 7. The costs of verification of compliance with the product specification may be borne by the operators which are subject to those controls. The Member States shall also contribute to those costs. |
Amendment 90
Proposal for a regulation
Article 42 – title
| Text proposed by the Commission | Amendment |
| Controls and enforcement of geographical indications in the marketplace | Controls and enforcement of geographical indications in the market |
Amendment 91
Proposal for a regulation
Article 42 – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. The enforcement authority shall carry out controls of products designated by geographical indications to ensure conformity with the product specification or the single document or an equivalent to the latter. | 2. The enforcement authority shall regularly carry out controls of products, based on a risk analysis and on notifications, to ensure conformity with the product specification or the single document or an equivalent to the latter. |
Amendment 92
Proposal for a regulation
Article 42 – paragraph 3
| Text proposed by the Commission | Amendment |
| 3. Member States shall take appropriate administrative and judicial steps to prevent or stop the use of names of products or services that are produced, operated or marketed in their territory and that contravenes the protection of geographical indications provided for in Article 27 and Article 28. | 3. Member States shall take appropriate administrative and judicial steps to prevent or stop the use of names of products or services that are produced, operated or marketed physically or via the internet in their territory and that contravenes the protection of geographical indications provided for in Article 27 and Article 28. |
Amendment 93
Proposal for a regulation
Article 46 – title
| Text proposed by the Commission | Amendment |
| Scrutiny of third country geographical indications | Examination of third country geographical indications |
Amendment 94
Proposal for a regulation
Article 46 – paragraph 1
| Text proposed by the Commission | Amendment |
| The Commission shall be empowered to adopt delegated acts in accordance with Article 84 supplementing this Regulation by rules on entrusting EUIPO with the scrutiny of third country geographical indications, other than geographical indications under the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications, proposed for protection pursuant to international negotiations or international agreements. | The EUIPO shall be entrusted with pre-examining third country geographical indications and other administrative tasks, other than geographical indications under the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications, proposed for protection pursuant to international negotiations or international agreements. The EUIPO shall deliver its opinion to the Commission. |
Amendment 95
Proposal for a regulation
Article 46 – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
| Based on the opinion referred to in the first paragraph, the Commission shall finalise the examination of third country geographical indications. It shall publish it in the Official Journal of the European Union and the Union register of geographical indications. |
Amendment 96
Proposal for a regulation
Article 47 – paragraph 1 – introductory part
| Text proposed by the Commission | Amendment |
| 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 may include: | 1. The Commission shall be empowered to adopt delegated acts in accordance with Article 84 to supplement this Regulation by criteria for monitoring performance in the assistance in the execution of the tasks entrusted to the EUIPO. Such criteria shall include: |
Amendment 97
Proposal for a regulation
Article 47 – paragraph 1 – point a
| Text proposed by the Commission | Amendment |
| (a) the extent of integration of agricultural factors in the scrutiny process; | deleted |
Amendment 98
Proposal for a regulation
Article 47 – paragraph 1 – point e a (new)
| Text proposed by the Commission | Amendment |
| (ea) access to information on the Union register of geographical indications. |
Amendment 99
Proposal for a regulation
Article 47 – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. No later than 5 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. | 2. No later than ... [3 years after the date of entry into force of this Regulation], 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 100
Proposal for a regulation
Article 82 – paragraph 1 – point 1
Regulation (EU) 2017/1001
Article 151 – paragraph 1 – point f
| Text proposed by the Commission | Amendment |
| (f) administration of geographical indications, notably the tasks conferred on it by means of Commission delegated acts adopted in accordance with Article […] of Regulation (EU) …/… of the European Parliament and of the Council[Regulation on GIs]* | (f) administration of geographical indications, and the tasks conferred on it by means of Regulation (EU) …/… of the European Parliament and of the Council [Regulation on GIs]* |
| _______________ | __________________ |
| * Regulation (EU) …/… of the European Parliament and of the Council of […][…] (OJ L […, p….]).’. | * Regulation (EU) …/… of the European Parliament and of the Council of […][…] (OJ L […, p….]).’. |