Procedure : 2018/2618(DEA)
Document stages in plenary
Document selected : B8-0187/2018

Texts tabled :

B8-0187/2018

Debates :

Votes :

Texts adopted :

P8_TA(2018)0106

RECOMMENDATION FOR A DECISION
PDF 249kWORD 50k
11.4.2018
PE618.435v01-00
 
B8-0187/2018

pursuant to Rule 105(6) of the Rules of Procedure


to raise no objections to Commission Delegated Regulation (EU) …/… of 5 March 2018 supplementing Regulation (EU) 2017/1001 of the European Parliament and of the Council on the European Union trade mark, and repealing Delegated Regulation (EU) 2017/1430 (C(2018)01231 – 2018/2618(DEA))


Committee on Legal Affairs
Member responsible: Jens Rohde

Draft European Parliament decision to raise no objections to Commission Delegated Regulation (EU) …/… of 5 March 2018 supplementing Regulation (EU) 2017/1001 of the European Parliament and of the Council on the European Union trade mark, and repealing Delegated Regulation (EU) 2017/1430 (C(2018)01231 – 2018/2618(DEA))  
B8‑0187/2018

The European Parliament,

–  having regard to the Commission delegated regulation (C(2018)01231),

–  having regard to the Commission’s letter of 23 March 2018 asking Parliament to declare that it will raise no objections to the delegated regulation,

–  having regard to the letter from the Committee on Legal Affairs to the Chair of the Conference of Committee Chairs of 27 March 2018,

–  having regard to Article 290 of the Treaty on the Functioning of the European Union,

–  having regard to Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark(1), which was amended by Regulation (EU) 2015/2424 of the European Parliament and of the Council of 16 December 2015 amending Council Regulation (EC) No 207/2009 on the Community trade mark and Commission Regulation (EC) No 2868/95 implementing Council Regulation (EC) No 40/94 on the Community trade mark, and repealing Commission Regulation (EC) No 2869/95 on the fees payable to the Office for Harmonization in the Internal Market (Trade Marks and Designs)(2) and then codified as Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade mark(3),

–  having regard to Implementing Regulation (EU) 2017/1431 of 18 May 2017 laying down detailed rules for implementing certain provisions of Council Regulation (EC) No 207/2009 on the European Union trade mark(4), which has been amended with updated references to Regulation (EU) 2017/1001,

–  having regard to the recommendation for a decision of the Committee on Legal Affairs,

–  having regard to Rule 105(6) of its Rules of Procedure,

A.  whereas Regulation (EC) No 207/2009 was codified as Regulation (EU) 2017/1001;

B.  whereas the references contained in a delegated regulation should reflect the renumbering of articles resulting from a codification of the basic act;

C.  whereas Delegated Regulation (EU) 2017/1430 of 18 May 2017 supplementing Council Regulation (EC) No 207/2009 on the European Union trade mark and repealing Commission Regulations (EC) No 2868/95 and (EC) No 216/96(5) should therefore be repealed and the provisions of that delegated regulation should be laid down, with updated references to Regulation (EU) 2017/1001, in the amended delegated regulation;

D.  whereas the delegated regulation does not, therefore, involve any changes to the substance of Delegated Regulation (EU) 2017/1430;

E.  whereas swift publication of the amended delegated regulation in the Official Journal would allow for an early date of application and ensure continuity in the operation of the transitional regime provided for in the final provisions of the amended delegated regulation;

1.  Declares that it has no objections to the delegated regulation;

2.  Instructs its President to forward this decision to the Council and the Commission.

(1)

OJ L 78, 24.3.2009, p. 1.

(2)

OJ L 341, 24.12.2015, p. 21.

(3)

OJ L 154, 16.6.2017, p. 1.

(4)

OJ L 205, 8.8.2017, p. 39.

(5)

OJ L 205, 8.8.2017, p. 1.

Last updated: 12 April 2018Legal notice