European Parliament decision of 25 February 2014 on the request for waiver of the immunity of Tadeusz Cymański (2013/2278(IMM))

P7_TA(2014)0110 A7-0099/2014

The European Parliament,

–  having regard to the request for waiver of the immunity of Tadeusz Cymański, put forward by the Public Prosecutor of the Republic of Poland on 23 October 2013, and announced in plenary on 18 November 2013,

–  having heard Tadeusz Cymański in accordance with Rule 7(5) of its Rules of Procedure,

–  having regard to Articles 8 and 9 of Protocol No 7 on the Privileges and Immunities of the European Union, and Article 6(2) of the Act of 20 September 1976 concerning the election of the members of the European Parliament by direct universal suffrage,

–  having regard to the judgments of the Court of Justice of the European Union of 12 May 1964, 10 July 1986, 15 and 21 October 2008, 19 March 2010 and 6 September 2011(1),

–  having regard to Article 105 of the Constitution of the Republic of Poland,

–  having regard to Rules 5(2), 6(1) and 7 of its Rules of Procedure,

–  having regard to the report of the Committee on Legal Affairs (A7-0099/2014),

A.  whereas the Public Prosecutor of the Republic of Poland has requested the waiver of the parliamentary immunity of Tadeusz Cymański in connection with a request for authorisation to bring criminal proceedings against a Member of the European Parliament made by the General Inspectorate of Road Traffic with regard to the offence set out in Article 96(3) of the Polish Code of Minor Offences;

B.  whereas, according to Article 8 of the Protocol on the Privileges and Immunities of the European Union, Members of the European Parliament shall not be subject to any form of inquiry, detention or legal proceedings in respect of opinions expressed or votes cast by them in the performance of their duties;

C.  whereas, according to Article 9 of the Protocol on the Privileges and Immunities of the European Union, Members of the European Parliament shall enjoy, in the territory of their own State, the immunities accorded to members of their Parliaments;

D.  whereas, under Article 105 of the Constitution of the Republic of Poland, ‘a Deputy shall not be held accountable for his activity performed within the scope of a Deputy’s mandate during the term thereof nor after its completion. Regarding such activities, a Deputy can only be held accountable before the Sejm and, in a case where he has infringed the rights of third parties, he may only be proceeded against before a court with the consent of the Sejm’;

E.  whereas whether immunity is or is not to be waived in a given case is for Parliament alone to decide; whereas Parliament may reasonably take account of the Member’s position in reaching its decision on whether or not to waive his/her immunity(2);

F.  whereas the alleged offence does not have a direct or obvious connection with Tadeusz Cymański’s performance of his duties as a Member of the European Parliament, nor does it constitute an opinion expressed or a vote cast in the performance of his duties as a Member of the European Parliament for the purposes of Article 8 of Protocol No 7 on the Privileges and Immunities of the European Union;

G.  whereas the criminal proceedings to be brought against Tadeusz Cymański are, therefore, not connected in any way with his position as a Member of the European Parliament;

H.  whereas in this case Parliament has found no evidence of fumus persecutionis, that is to say, a sufficiently serious and precise suspicion that the case has been brought with the intention of causing political damage to the Member concerned;

I.  whereas the request is brought as a result of a written declaration made by Tadeusz Cymański whereby he refused to comply with the obligation to identify the person to whom he had entrusted the vehicle referred to in the report by the General Inspectorate of Road Traffic and agreed to pay a fine of PLN 500 for the offence set out in Article 96(3) in the Polish Code of Minor Offences;

1.  Decides to waive the immunity of Tadeusz Cymański;

2.  Instructs its President to forward this decision and the report of its competent committee immediately to the competent authority of the Republic of Poland and to Tadeusz Cymański.

(1) Judgment of 12 May 1964 in Case 101/63, Wagner v Fohrmann and Krier (ECR 1964, p. 195); judgment of 10 July 1986 in Case 149/85, Wybot v Faure and others (ECR 1986, p. 2403); judgment of 15 October 2008 in Case T-345/05, Mote v Parliament (ECR 2008, p. II-2849); judgment of 21 October 2008 in Joined Cases C-200/07 and C-201/07, Marra v De Gregorio and Clemente (ECR 2008, p. I-7929); judgment of 19 March 2010 in Case T-42/06, Gollnisch v Parliament (ECR 2010, p. II-1135); judgment of 6 September 2011 in Case C-163/10, Patriciello (ECR 2011, p. I-7565). (2) Case T-345/05 Mote v Parliament, cited above, at paragraph 28.

European Parliament legislative resolution of 25 February 2014 on the proposal for a regulation of the European Parliament and of the Council on amending Council Regulation (EC) No 1198/2006 as regards certain provisions relating to financial management for certain Member States experiencing or threatened with serious difficulties with respect to their financial stability (COM(2013)0428 – C7-0178/2013 – 2013/0200(COD))

P7_TA(2014)0111 A7-0046/2014

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2013)0428),

–  having regard to Article 294(2) and Article 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7‑0178/2013),

–  having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–  having regard to the opinion of the European Economic and Social Committee of 19 September 2013(1),

–  having regard to the undertaking given by the Council representative by letter of 3 February 2014 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

–  having regard to Rule 55 of its Rules of Procedure,

–  having regard to the report of the Committee on Fisheries (A7-0046/2014),

1.  Adopts its position at first reading hereinafter set out;

2.  Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

3.  Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Position of the European Parliament adopted at first reading on 25 February 2014 with a view to the adoption of Regulation (EU) No .../2014 of the European Parliament and of the Council amending Council Regulation (EC) No 1198/2006 on the European Fisheries Fund, as regards certain provisions relating to financial management for certain Member States experiencing or threatened with serious difficulties with respect to their financial stability

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) No 335/2014.)

(1) OJ C 341, 21.11.2013, p. 75.

European Parliament legislative resolution of 25 February 2014 on the proposal for a regulation of the European Parliament and of the Council adapting to Article 290 and 291 of the Treaty on the Functioning of the European Union a number of legal acts providing for the use of the regulatory procedure with scrutiny (COM(2013)0751 – C7-0386/2013 – 2013/0365(COD))

P7_TA(2014)0112 A7-0011/2014

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2013)0751),

–  having regard to Article 294(2) and Articles 43(2), 53(1), 62, 100(2), 114, 168(4), points (a) and (b), 172, 192(1), 207, 214(3) and 338(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7‑0386/2013),

–  having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–  having regard to Regulation (EU) No 182/2011 of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers(1),

–  having regard to the opinion of the European Economic and Social Committee of 21 January 2014(2),

–  after consulting the Committee of the Regions,

–  having regard to the Common Understanding on Delegated Acts, as approved on 3 March 2011 by the Conference of Presidents,

–  having regard to the Framework Agreement on relations between the European Parliament and the European Commission(3), in particular point 15 thereof and Annex 1 thereto,

–  having regard to its resolution of 5 May 2010 on the power of legislative delegation(4),

–  having regard to its resolution of 25 February 2014 on follow-up on the delegation of legislative powers and control by Member States of the Commission's exercise of implementing powers(5),

–  having regard to Rule 55 of its Rules of Procedure,

–  having regard to the report of the Committee on Legal Affairs and the opinions of the Committee on Economic and Monetary Affairs, the Committee on Employment and Social Affairs, the Committee on the Environment, Public Health and Food Safety, the Committee on Internal Market and Consumer Protection, the Committee on International Trade, the Committee on Industry, Research and Energy, and the Committee on Transport and Tourism (A7-0011/2014),

A.  Whereas the Commission committed itself to assessing by the end of 2012 how many legislative acts containing references to the regulatory procedure with scrutiny remained in force, in order to prepare the appropriate legislative initiatives and thus complete the adaptation to the new legal framework; whereas the announced objective was that, by the end of the seventh term of Parliament, all provisions referring to the regulatory procedure with scrutiny would have been removed from all legislative instruments; whereas the Commission has put forward the proposals fulfilling this commitment, albeit much later than expected;

1.  Adopts its position at first reading hereinafter set out;

2.  Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

3.  Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Position of the European Parliament adopted at first reading on 25 February 2014 with a view to the adoption of Regulation (EU) No .../2014 of the European Parliament and of the Council adapting to Article 290 and 291 of the Treaty on the Functioning of the European Union a number of legal acts providing for the use of the regulatory procedure with scrutiny

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 43(2), 53(1), 62, 100(2), 114, 168(4)a, 168(4)b, 172, 192(1), 207, 214(3), 338(1) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national Parliaments,

Having regard to the opinion of the European Economic and Social Committee(6),

After consulting the Committee of the Regions,

Acting in accordance with the ordinary legislative procedure(7),

Whereas:

(1)  The Treaty of Lisbon introduced a distinction between the powers delegated to the Commission to adopt non-legislative acts of general application to supplement or amend certain non-essential elements of a legislative act (delegated acts), and the powers conferred upon the Commission to adopt uniform conditions for implementing legally binding Union acts (implementing acts).

(2)  The measures which can be covered by delegations of powers, as referred to in Article 290(1) of the Treaty on the Functioning of the European Union (TFEU), correspond in principle to those covered by the regulatory procedure with scrutiny established by Article 5a of Council Decision 1999/468/EC(8).

(3)  It is necessary to adapt to Article 290 of the TFEU a number of legal acts already in force which provide for the use of the regulatory procedure with scrutiny and which fulfil the criteria of Article 290(1) TFEU.

(4)  When the Commission prepares delegated acts on the basis of the legal acts adapted by this Regulation, it is of particular importance that it carry out appropriate consultations, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.

(5)  It is necessary to adapt to Article 291 of the TFEU a number of legal acts already in force which provide for the use of the regulatory procedure with scrutiny and which fulfil the criteria of Article 291(2) of the TFEU.

(6)  When implementing powers are conferred on the Commission, those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council(9).

(7)  As a consequence of the entry into force of the Treaty of Lisbon, it is also necessary to amend a number of legal acts already in force which provide for the use of the regulatory procedure with scrutiny by deleting certain measures covered by that procedure.

(8)  This Regulation should not affect pending procedures in which the committee has already delivered its opinion in accordance with Article 5a of Decision 1999/468/EC before the entry into force of this Regulation.

(9)  Since the adaptations and amendments to be made by this Regulation concern only procedures, they do not, in the case of directives, need to be transposed by the Member States,

HAVE ADOPTED THIS REGULATION:

Article 1

1.  Where provisions listed in Annex I to this Regulation provide for the use of the regulatory procedure with scrutiny referred to in Article 5a(1) to (5) of Decision 1999/468/EC, the Commission shall be empowered to adopt delegated acts in accordance with Article 2 of this Regulation.

2.  Where provisions listed in Annex I provide for the use of the urgency procedure referred to in Article 5a(6) of Decision 1999/468/EC, the Commission shall be empowered to adopt delegated acts in accordance with the urgency procedure provided in Article 3 of this Regulation.

Article 2

1.  The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2.  The power to adopt delegated acts shall be conferred on the Commission for an indeterminate a period of time five years from the date of entry into force of this Regulation. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. [Am. 1]

3.  The delegation of power may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4.  As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

5.  An adopted delegated act shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

By way of derogation from the first subparagraph, the period for objections shall be three months, which shall be extended by three months at the initiative of the European Parliament or of the Council, with regard to delegated acts adopted pursuant to the regulations listed in points 12(10), 13(11), 14(12), 16(13) and 18(14) of Section F, and point 21(15) of Section G, of Annex I. [Am. 2]

6.  Where provisions listed in Annex I to this Regulation provide that the time-limit laid down in point (c) of Article 5a(3) of Decision 1999/468/EC is curtailed pursuant to point (b) of Article 5a(5) of that Decision, the periods laid down in paragraph 5 of this Article shall be set at one month.

Article 3

1.  Delegated acts adopted under this Article shall enter into force without delay and shall apply as long as no objection is expressed in accordance with paragraph 2. The notification of a delegated act to the European Parliament and to the Council shall state the reasons for the use of the urgency procedure.

2.  Either the European Parliament or the Council may object to a delegated act in accordance with the procedure referred to in Article 2(5). In such a case, the Commission shall repeal the act without delay following the notification of the decision to object by the European Parliament or by the Council.

Article 4

1.  Where provisions listed in Annex II provide for the use of the regulatory procedure with scrutiny referred to in Article 5a(1) to (5) of Decision 1999/468/EC, the Commission shall be empowered to adopt implementing acts in accordance with the examination procedure of Article 5 of Regulation (EU) No 182/2011.

2.  Where provisions listed in Annex II provide for the use of the urgency procedure referred to in Article 5a(6) of Decision 1999/468/EC, the Commission shall be empowered to adopt immediately applicable implementing acts in accordance with Article 8 in conjunction with Article 5 of Regulation (EU) No 182/2011.

Article 5

Regulation (EC) No 66/2010 of the European Parliament and of the Council, Regulation (EC) No 1221/2009 of the European Parliament and of the Council, Council Directive 97/70/EC(16), Regulation (EC) No 1333/2008 of the European Parliament and the Council, , Directive 2002/46/EC of the European Parliament and the Council [Ams. 61, 62 and 63] and Council Regulation (EC) No 1257/96(17) are amended as set out in Annex III to this Regulation.

Article 6

This Regulation shall not affect pending procedures in which a committee has already delivered its opinion in accordance with Article 5a of Decision 1999/468/EC.

Article 7

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at

For the European Parliament For the Council

The President The President

ANNEX I

Provisions of legal acts making reference to the regulatory procedure with scrutiny referred to in Article 5a of Decision 1999/468/EC which are adapted to the regime of delegated acts(18)

A.  Communications Networks, Content and Technology

-1. Decision No 626/2008/EC of the European Parliament and of the Council of 30 June 2008 on the selection and authorisation of systems providing mobile satellite services (MSS)

Article 9(3)* [Am. 4]

1.  Regulation (EC) No 733/2002 of the European Parliament and of the Council of 22 April 2002 on the implementation of the .eu Top Level Domain

Article 3(1), point (a)**

Article 5(1)

Article 5(2)

2.  Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users' rights relating to electronic communications networks and services (Universal Service Directive)

Article 26(7)

Article 27a(5) [Am. 5]

Article 35

3.  Directive No 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive)

Article 9b(3)

Article 10(4)

Article 13a(4)

Article 15(4)

Article 17(6a)

Article 19(4) [Am. 6]

B.  Climate action

4.  Decision No 406/2009/EC of the European Parliament and of the Council of 23 April 2009 on the effort of Member States to reduce their greenhouse gas emissions to meet the Community’s greenhouse gas emission reduction commitments up to 2020

Article 3(2) [Am. 7]

Article 3(6)

Article 11(3)

5.  Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC

Article 3d(3)

Article 3f(9)

Article 10(4)

Article 10a(1)

Article 10a(7)

Article 10a(8)

Article 10a(13)

Article 11a(8)

Article 11a(9)

Article 11b(7)

Article 14(1)

Article 15, fifth paragraph

Article 16(12) [Am. 8]

Article 19(3)

Article 22

Article 24(1), point (b)

Article 24(3)

Article 24a(1)

Article 24a(2)

Article 25(2)

Article 25a(1)

Annex IV, Part A

C.  Energy

6.  Directive 2008/92/EC of the European Parliament and of the Council of 22 October 2008 concerning a Community procedure to improve the transparency of gas and electricity prices charged to industrial end-users (recast)

Article 6

D.  Enterprise and Industry

7.  Regulation (EC) No 715/2007 of the European Parliament and of the Council of 20 June 2007 on type approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information

Article 5(3)

Article 8

Article 14(2)

Article 14(3)

8.  Directive 2006/42/EC of the European Parliament and of the Council of 17 May 2006 on machinery, and amending Directive 95/16/EC (recast)

Article 8(1)a, point (a)

Article 8(1), point (b), in conjunction with Article 9(3) [Am. 9]

E.  Environment

9.  Regulation (EC) No 66/2010 of the European Parliament and of the Council of 25 November 2009 on the EU Ecolabel

Article 6(5), second subparagraph [Am. 10]

Article 6(7)

Article 8(2)

Article 15

10.  Regulation (EC) No 1221/2009 of the European Parliament and of the Council of 25 November 2009 on the voluntary participation by organisations in a Community eco-management and audit scheme (EMAS), repealing Regulation (EC) No 761/2001 and Commission Decisions 2001/681/EC and 2006/193/EC

Article 16(4)

Article 17(3)

Article 30(6)

Article 46(6) [Am. 11]

Article 48(2)

F.  Statistics

11.  Regulation (EC) No 453/2008 of the European Parliament and of the Council of 23 April 2008 on quarterly statistics on Community job vacancies

Article 2(1)

Article 3(1)

Article 5(1) [Am. 12]

Article 7(1)

Article 7(3)

12.  Regulation (EC) No 177/2008 of the European Parliament and of the Council of 20 February 2008 establishing a common framework for business registers for statistical purposes and repealing Council Regulation (EEC) No 2186/93**** [Am. 13]

Article 3(6)

Article 5(2)

Article 6(3) as to the adoption of "measures relating to common quality standards" in conjunction with Article 15(1)(c) as to the adoption of "common quality standards"

Article 8(3)

Article 15(1)

13.  Regulation (EC) No 716/2007 of the European Parliament and of the Council of 20 June 2007 on Community statistics on the structure and activity of foreign affiliates**** [Am. 14]

Article 5(4)

Article 6(3) as to the adoption of "common quality standards" in conjunction with Article 9(2), point (a)

Article 9(2), point (b)

Article 9(2), point (c) as to the definition of "proper common quality standards"

14.  Regulation (EC) No 1445/2007 of the European Parliament and of the Council of 11 December 2007 establishing common rules for the provision of basic information on Purchasing Power Parities and for their calculation and dissemination**** [Am. 15]

Article 7(4) as to the adoption of "the common quality control criteria" in conjunction with Article 12(3), point (c) as to the definition of "quality criteria"

Article 12(3)

15.  Regulation (EC) No 1552/2005 of the European Parliament and of the Council of 7 September 2005 on statistics relating to vocational training in enterprises

Article 5(2)

Article 7(3)

Article 8(2)

Article 9(4) as to the adoption of “quality requirements and any measures necessary for assessing or improving the quality”

Article 9(4) as to the determination of the "structure of the quality reports" [Am. 16]

Article 10(2)

Article 13

16.  Regulation (EC) No 184/2005 of the European Parliament and of the Council of 12 January 2005 on Community statistics concerning balance of payments, international trade in services and foreign direct investment**** [Am. 17]

Article 4(3) as to the adoption of “common quality standards”

Article 10

17.  Regulation (EC) No 1177/2003 of the European Parliament and of the Council of 16 June 2003 concerning Community statistics on income and living conditions (EU-SILC)

Article 6(2)

Article 8(3)

Article 15(5) in conjunction with point (a) of Article 15(2)(a) as to "the definition of the list of target primary variables to be included in each area for the cross-sectional component and the list of target variables included in the longitudinal component, including the specification of variable codes"

Article 15(5) in conjunction with point (a) of Article 15(2) as to the definition of the "technical format of transmission to Eurostat"

Article 15(5) in conjunction with point (b) of Article 15(2)

Article 15(5) in conjunction with point (c) of Article 15(2)(c)

Article 15(5) in conjunction with point (d) of Article 15(2)

Article 15(5) in conjonction conjunction with point (e) of Article 15(2)(e)

Article 15(5) in conjonction conjunction with point (f) of Article 15(2)(f) [Am. 18]

18.  Regulation (EC) No 450/2003 of the European Parliament and of the Council of 27 February 2003 concerning the labour cost index**** [Am. 19]

Article 2(4)

Article 3(2)

Article 4(1)

Article 4(2)

Article 8(1)

Article 11, point (a)

Article 11, point (b)

Article 11, point (d)

Article 11, point (e)

Article 11, point (f) as to the adoption of "the separate quality criteria for current and back data transmitted"

Article 11, point (i)

Annex, point 3

19.  Regulation (EC) No 437/2003 of the European Parliament and of the Council of 27 February 2003 on statistical returns in respect of the carriage of passengers, freight and mail by air

Article 5

Article 7(2)

Article 10(2)

20.  Regulation (EC) No 2150/2002 of the European Parliament and of the Council of 25 November 2002 on waste statistics

Article 1(5)

Article 3(1)

Article 4(3)

Article 5(4)

Article 6(2), point (a)

Article 6(2), point (b)

Article 6(2), point (c) as to the "definition of the proper quality evaluation criteria"

Article 6(2), point (c) as to the definition of the "contents of the quality reports" [Am. 20]

Article 6(2), point (d)

Article 8(3)

Annex I, section 7, point 1

Annex II, section 7, point 1

G.  Internal Market and Services

21.  Directive 2009/110/EC of the European Parliament and of the Council of 16 September 2009 on the taking up, pursuit and prudential supervision of the business of electronic money institutions amending Directives 2005/60/EC and 2006/48/EC and repealing Directive 2000/46/EC****

Article 14(1)

Article 14(2) [Am. 21]

22.  Directive 2009/81/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of procedures for the award of certain works contracts, supply contracts and service contracts by contracting authorities or entities in the fields of defence and security, and amending Directives 2004/17/EC and 2004/18/EC

Article 68(1)***

Article 69(2)***

H.  Mobility and Transport

23.  Regulation (EC) No 391/2009 of the European Parliament and of the Council of 23 April 2009 on common rules and standards for ship inspection and survey organisations

Article 13

Article 14(1)

Article 14(2)

24.  Directive 2009/45/EC of the European Parliament and of the Council of 6 May 2009 on safety rules and standards for passenger ships (Recast)

Article 10(3)

25.  Regulation (EC) No 725/2004 of the European Parliament and of the Council of 31 March 2004 on enhancing ship and port facility security

Article 10(2)**

Article 10(3)** [Am. 22]

26.  Directive 2000/59/EC of the European Parliament and of the Council of 27 November 2000 on port reception facilities for ship-generated waste and cargo residues

Article 15

27.  Council Directive 97/70/EC of 11 December 1997 setting up a harmonised safety regime for fishing vessels of 24 metres in length and over

Article 8, point (a), first indent

Article 8, point (b) [Am. 23]

I.  Health and Consumers

28.  Regulation (EC) No 1223/2009 of the European Parliament and of the Council of 30 November 2009 on cosmetic products

Article 2(3)

Article 13(8)

Article 14(2)

Article 15(1)

Article 15(2)**

Article 16(8)

Article 16(9)**

Article 18(2) [Am. 24]

Article 20(2)

Article 31(1) **

Article 31(2)

Article 31(3)

29.  Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directive 79/117/EEC and 91/414/EEC

Article 8(4) the, last sentence, in conjunction with point (b) of Article 78(1)(b)

Article 17, second subparagraph, in conjunction with point (d) of Article 78(1)

Article 25(3) in conjunction with point (e) of Article 78(1)(e)

Article 26 in conjunction with point (f) of Article 78(1)(f)

Article 27(2) in conjunction with point (h) of Article 78(1)(h)

Article 29(4) in conjunction with point (g) of Article 78(1)

Article 29(6), first subparagraph, second sentence, in conjunction with point (c) of Article 78(1)(c)

Article 30(3) in conjunction with point (i) of Article 78(1)(i)

Article 52(4), last subparagraph, in conjunction with point (j) of Article 78(1)(j)

Article 54(5) in conjunction with point (k) of Article 78(1)(k)

Article 58(2) in conjunction with point (l) of Article 78(1)(l)

Article 65(1) in conjunction with point (m) of Article 78(1)(m)

Article 68, third subparagraph, in conjunction with point (n) of Article 78(1)(n)

Article 78(1), point (a)

Annex II, point 3.6.5 [Am. 25]

30.  Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002

Article 5(1)**

Article 5(2)*

Article 6(1)

Article 6(2)*

Article 7(4)

Article 11(2)

Article 15(1)

Article 17(2)

Article 18(3)

Article 19(4)

Article 20(11)

Article 21(6)

Article 27

Article 31(2)

Article 32(3)

Article 40, point (a)

Article 40, point (b)

Article 40, point (c)

Article 40, point (d)

Article 40, point (e)

Article 40, point (f)

Article 41(1)

Article 41(3)

Article 42(2), point (a)

Article 42(2), point (b)

Article 42(2), point (c)

Article 42(2), point (d)

Article 43(3)

Article 45(4)

Article 48(7), point (a)

Article 48(7), point (b)

Article 48(7), point (c)

Article 48(7), point (d) [Am. 26]

Article 48(8)

31.  Regulation (EC) No 767/2009 of the European Parliament and of the Council of 13 July 2009 on the placing on the market and use of feed, amending European Parliament and Council Regulation (EC) No 1831/2003 and repealing Council Directive 79/373/EEC, Commission Directive 80/511/EEC, Council Directives 82/471/EEC, 83/228/EEC, 93/74/EEC, 93/113/EC and 96/25/EC and Commission Decision 2004/217/EC

Article 6(2)**

Article 7(2)

Article 10(5)*

Article 17(4)

Article 20(2)

Article 26(3) [Am. 27]

Article 27(1)

Article 32(4)

32.  Regulation (EC) No 470/2009 of the European Parliament and of the Council of 6 May 2009 laying down Community procedures for the establishment of residue limits of pharmacologically active substances in foodstuffs of animal origin, repealing Council Regulation (EEC) No 2377/90 and amending Directive 2001/82/EC of the European Parliament and of the Council and Regulation (EC) No 726/2004 of the European Parliament and of the Council

Articles 13(2)

Article 18** [Am. 28]

Article 19(3)

Article 24(4)

33.  Regulation (EC) No 1334/2008 of the European Parliament and of the Council of 16 December 2008 on flavourings and certain food ingredients with flavouring properties for use in and on foods and amending Council Regulation (EEC) No 1601/91, Regulations (EC) No 2232/96 and (EC) No 110/2008 and Directive 2000/13/EC

Article 8(2)**

Article 22**

Article 25(3)

34.  Regulation (EC) No 1333/2008 of the European Parliament and of the Council of 16 December 2008 on food additives

Article 9(2)

Article 23(4), second sentence [Am. 29]

Article 24(3)*

Article 30(1)*

Article 30(2)*

Article 30(3)*

Article 30(5)

Article 31*

35.  Regulation (EC) No 1332/2008 of the European Parliament and of the Council of 16 December 2008 on food enzymes and amending Council Directive 83/417/EEC, Council Regulation (EC) No 1493/1999, Directive 2000/13/EC, Council Directive 2001/112/EC and Regulation (EC) No 258/97

Article 17(5)

36.  Regulation (EC) No 1331/2008 of the European Parliament and of the Council of 16 December 2008 establishing a common authorisation procedure for food additives, food enzymes and food flavourings

Article 7(4)

Article 7(5)*

Article 7(6)**

37.  Regulation (EC) No 1925/2006 of the European Parliament and of the Council of 20 December 2006 on the addition of vitamins and minerals and of certain other substances to foods

Article 3(3)**

Article 4, second subparagraph

Article 5(1)

Article 6(1)

Article 6(2) [Am. 30]

Article 6(6)

Article 7(1)

Article 8(2)

Article 8(5)**

38.  Regulation (EC) No 1924/2006 of the European Parliament and of the Council of 20 December 2006 on nutrition and health claims made on foods

Article 1(2)

Article 1(4)

Article 3, point (d)

Article 4(1), first subparagraph

Article 4(1), sixth subparagraph

Article 4(5)

Article 8(2)

Article 13(3)

Article 13(4)

Article 17(3), first subparagraph

Article 17(3), second subparagraph, point (b)

Article 18(5), first subparagraph

Article 18(5), second subparagraph, point (b)

Article 28(4), point (b)

Article 28(6), point (a), point (ii) [Am. 31]

39.  Directive 2004/23/EC of the European Parliament and of the Council of 31 March 2004 on setting standards of quality and safety for the donation, procurement, testing, processing, preservation, storage and distribution of human tissues and cells

Article 8(5)

Article 8(6)

Article 9(4) [Am. 32]

Article 28**

40.  Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed

Article 3(2)

Article 12(4)

Article 14(1), first indent

Article 14(1), second indent

Article 14(1), third indent

Article 15(2)

Article 24(4)

Article 26(1)

Article 32, sixth subparagraph paragraph [Am. 33]

Article 47(3)

41.  Directive 2002/98/EC of the European Parliament and of the Council of 27 January 2003 setting standards of quality and safety for the collection, testing, processing, storage and distribution of human blood and blood components and amending Directive 2001/83/EC

Article 29, first subparagraph paragraph**

Article 29, second subparagraph paragraph, point (a)

Article 29, second subparagraph paragraph, point (b)**

Article 29, second subparagraph paragraph, point (c)**

Article 29, second subparagraph paragraph, point (d)**

Article 29, second subparagraph paragraph, point (e)**

Article 29, second subparagraph paragraph, point (f)**

Article 29, second subparagraph paragraph, point (g)**

Article 29, second subparagraph paragraph, point (h)

Article 29, second paragraph, point (i) [Am. 34]

42.  Directive 2002/46/EC of the European Parliament and of the Council of 10 June 2002 on the approximation of the laws of the Member States relating to food supplements

Article 4(2)

Article 4(5)**

Article 5(4) as to the adoption of "minimum amounts of vitamins and minerals"

Article 5(4) as to the adoption of "maximum amounts of vitamins and minerals"

Article 12(3) [Am. 35]

43.  Directive 2002/32/EC of the European Parliament and of the Council of 7 May 2002 on undesirable substances in animal feed

Article 7(2)**

Article 8(1)**

Article 8(2), second indent

ANNEX II

Provisions of legal acts making reference to the regulatory procedure with scrutiny referred to in Article 5a of Decision 1999/468/EC which are adapted to the regime of implementing acts(19).

A.  Communications Networks, Content and Technology

1.  Decision No 626/2008/EC of the European Parliament and of the Council of 30 June 2008 on the selection and authorisation of systems providing mobile satellite services (MSS)

Article 9(3)* [Am. 36]

2.  Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users' rights relating to electronic communications networks and services (Universal Service Directive)

Article 26(7)

Article 27a(5) [Am. 37]

3.  Directive No 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive)

Article 9b(3)

Article 10(4)

Article 15(4)

Article 17(6)a

Article 19(4) [Am. 38]

B.  Climate action

4.  Decision No 406/2009/EC of the European Parliament and of the Council of 23 April 2009 on the effort of Member States to reduce their greenhouse gas emissions to meet the Community’s greenhouse gas emission reduction commitments up to 2020

Article 3(2) [Am. 39]

5.  Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC

Article 11a(8)

Article 16(12) [Am. 40]

C.  Enterprise and Industry

6.  Directive 2006/42/EC of the European Parliament and of the Council of 17 May 2006 on machinery, and amending Directive 95/16/EC (recast)

Article 8(1)b in conjunction with Article 9(3) [Am. 41]

D.  Environment

7.  Regulation (EC) No 1221/2009 of the European Parliament and of the Council of 25 November 2009 on the voluntary participation by organisations in a Community eco-management and audit scheme (EMAS), repealing Regulation (EC) No 761/2001 and Commission Decisions 2001/681/EC and 2006/193/EC

Article 46(6) [Am. 42]

E.  Statistics

8.  Regulation (EC) No 453/2008 of the European Parliament and of the Council of 23 April 2008 on quarterly statistics on Community job vacancies

Article 5(1) [Am. 43]

9.  Regulation (EC) No 177/2008 of the European Parliament and of the Council of 20 February 2008 establishing a common framework for business registers for statistical purposes and repealing Council Regulation (EEC) No 2186/93

Article 6(3) as to the adoption of “the content and periodicity of the quality reports” in conjunction with Article 15(1), point (c) as to the adoption of "the content and periodicity of the quality reports”

10.  Regulation (EC) No 716/2007 of the European Parliament and of the Council of 20 June 2007 on Community statistics on the structure and activity of foreign affiliates

Article 6(3) as to the adoption of “the content and periodicity of the quality reports” in conjunction with Article 9(2), point (c) as to the definition of “the content and periodicity of the quality reports”

11.  Regulation (EC) No 1445/2007 of the European Parliament and of the Council of 11 December 2007 establishing common rules for the provision of basic information on Purchasing Power Parities and for their calculation and dissemination

Article 7 (4) as to the adoption of “structure of the quality reports” in conjunction with Article 12 (3), point (c) as to the definition of the “structure of the quality reports”

12.  Regulation (EC) No 1552/2005 of the European Parliament and of the Council of 7 September 2005 on statistics relating to vocational training in enterprises

Article 9(4) as to the adoption of "structure of the quality reports" [Am. 44]

13.  Regulation (EC) No 184/2005 of the European Parliament and of the Council of 12 January 2005 on Community statistics concerning balance of payments, international trade in services and foreign direct investment.

Article 4(3) as to the adoption of “content and periodicity of the quality reports”

14.  Regulation (EC) No 1177/2003 of the European Parliament and of the Council of 16 June 2003 concerning Community statistics on income and living conditions (EU-SILC)

Article 8(3)

Article 15(5) in conjunction with Article 15(2)(a) as to the definition of "technical format of transmission to Eurostat",

Article 15(5) in conjunction with Article 15(2)(b)

Article 15(5) in conjunction with Article 15(2)(d) [Am. 45]

15.  Regulation (EC) No 450/2003 of the European Parliament and of the Council of 27 February 2003 concerning the labour cost index

Article 8(2) in conjunction with Article 11, point (f) as to the adoption of "content of quality reports"

16.  Regulation (EC) No 2150/2002 of the European Parliament and of the Council of 25 November 2002 on waste statistics

Article 6(2)(c) as to the adoption of "content of quality reports" [Am. 46]

F.  Internal Market and Services

17.  Directive 2009/110/EC of the European Parliament and of the Council of 16 September 2009 on the taking up, pursuit and prudential supervision of the business of electronic money institutions amending Directives 2005/60/EC and 2006/48/EC and repealing Directive 2000/46/EC

Article 14(2) [Am. 47]

G.  Mobility and Transport

18.  Regulation (EC) No 725/2004 of the European Parliament and of the Council of 31 March 2004 on enhancing ship and port facility security

Article 10(3)** [Am. 48]

19.  Council Directive 97/70/EC of 11 December 1997 setting up a harmonised safety regime for fishing vessels of 24 metres in length and over

Article 8(a) First indent [Am. 49]

H.  Health and Consumers

20.  Regulation (EC) No 1223/2009 of the European Parliament and of the Council of 30 November 2009 on cosmetic products

Article 18(2) [Am. 50]

21.  Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directive 79/117/EEC and 91/414/EEC

Article 17 second subparagraph in conjunction with Article 78(1)(d)

Article 29(4) in conjunction with Article 78(1)(g) [Am. 51]

22.  Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002

Article 40 (c)

Article 40 (d)

Article 40 (e)

Article 41(1)

Article 41(3)

Article 42(2) (d)

Article 45(4)

Article 48(7) (c) [Am. 52]

23.  Regulation (EC) No 767/2009 of the European Parliament and of the Council of 13 July 2009 on the placing on the market and use of feed, amending European Parliament and Council Regulation (EC) No 1831/2003 and repealing Council Directive 79/373/EEC, Commission Directive 80/511/EEC, Council Directives 82/471/EEC, 83/228/EEC, 93/74/EEC, 93/113/EC and 96/25/EC and Commission Decision 2004/217/EC

Article 7(2)

Article 10(5)*

Article 26(3) [Am. 53]

24.  Regulation (EC) No 470/2009 of the European Parliament and of the Council of 6 May 2009 laying down Community procedures for the establishment of residue limits of pharmacologically active substances in foodstuffs of animal origin, repealing Council Regulation (EEC) No 2377/90 and amending Directive 2001/82/EC of the European Parliament and of the Council and Regulation (EC) No 726/2004 of the European Parliament and of the Council

Article 18** [Am. 54]

25.  Regulation (EC) No 1925/2006 of the European Parliament and of the Council of 20 December 2006 on the addition of vitamins and minerals and of certain other substances to foods

Article 6(1)

Article 6(2) [Am. 55]

26.  Regulation (EC) No 1924/2006 of the European Parliament and of the Council of 20 December 2006 on nutrition and health claims made on foods

Article 13(3)

Article 13(4)

Article 17(3) first subparagraph

Article 17(3) second subparagraph (b)

Article 18(5) first subparagraph

Article 18(5) second subparagraph (b)

Article 28(6)(a)(ii) [Am. 56]

27.  Directive 2004/23/EC of the European Parliament and of the Council of 31 March 2004 on setting standards of quality and safety for the donation, procurement, testing, processing, preservation, storage and distribution of human tissues and cells

Article 8(6)

Article 9(4) [Am. 57]

28.  Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed

Article 3(2)

Article 14(1) first indent

Article 14(1) second indent

Article 15(2)

Article 26(1) [Am. 58]

29.  Directive 2002/98/EC of the European Parliament and of the Council of 27 January 2003 setting standards of quality and safety for the collection, testing, processing, storage and distribution of human blood and blood components and amending Directive 2001/83/EC

Article 29 second subparagraph i) [Am. 59]

30.  Directive 2002/46/EC of the European Parliament and of the Council of 10 June 2002 on the approximation of the laws of the Member States relating to food supplements

Article 5(4) as to the adoption of "maximum amounts of vitamins and minerals" [Am. 60]

ANNEX III

Amendments to Regulation (EC) No 66/2010 of the European Parliament and of the Council, Regulation (EC) No 1221/2009 of the European Parliament and of the Council, Council Directive 97/70/EC, Regulation (EC) No 1333/2008 of the European Parliament and the Council, Directive 2002/46/EC of the European Parliament and the Council and to Council Regulation (EC) No 1257/96 [Am. 61]

A.  ENVIRONMENT

(1)  In paragraph 5 of Article 6 of Regulation (EC) No 66/2010, the second subparagraph is deleted.

(2)  Regulation (EC) No 1221/2009 is amended as follows:

(a)  in Article 16, paragraph 4 is deleted;

(b)  in Article 30, paragraph 6 is deleted. [Am. 62]

B.  Mobility and Transport

(3)  In point (a) of Article 8 of Directive 97/70/EC, the second indent is deleted.

C.  Health and Consumers

(4)  In Article 23 of Regulation (EC) No 1333/2008, paragraph 4, second sentence is deleted.

(5)  In Article 12 of Directive 2002/46/EC, paragraph 3 is deleted. [Am. 63]

D.  Humanitarian Aid

(6)  In Article 15 of Regulation (EC) No 1257/96, paragraph 1 is deleted.

(1) OJ L 55, 28.2.2011, p. 13. (2) Not yet published in the Official Journal. (3) OJ L 304, 20.11.2010, p. 47. (4) OJ C 81 E, 15.3.2011, p. 6. (5) Texts adopted, P7_TA(2014)0127. (6) Opinion of 21 January 2014 (not yet published in the Official Journal). (7) Position of the European Parliament of 25 February 2014. (8) Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (OJ L 184, 17.7.1999, p. 23). (9) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13). (10) Regulation (EC) No 177/2008 of the European Parliament and of the Council of 20 February 2008 establishing a common framework for business registers for statistical purposes and repealing Council Regulation (EEC) No 2186/93 (OJ L 61, 5.3.2008, p. 6). (11) Regulation (EC) No 716/2007 of the European Parliament and of the Council of 20 June 2007 on Community statistics on the structure and activity of foreign affiliates (OJ L 171, 29.6.2007, p. 17). (12) Regulation (EC) No 1445/2007 of the European Parliament and of the Council of 11 December 2007 establishing common rules for the provision of basic information on Purchasing Power Parities and for their calculation and dissemination (OJ L 336, 20.12.2007, p. 1). (13) Regulation (EC) No 184/2005 of the European Parliament and of the Council of 12 January 2005 on Community statistics concerning balance of payments, international trade in services and foreign direct investment (OJ L 35, 8.2.2005, p. 23). (14) Regulation (EC) No 450/2003 of the European Parliament and of the Council of 27 February 2003 concerning the labour cost index (OJ L 69, 13.3.2003, p. 1). (15) Directive 2009/110/EC of the European Parliament and of the Council of 16 September 2009 on the taking up, pursuit and prudential supervision of the business of electronic money institutions amending Directives 2005/60/EC and 2006/48/EC and repealing Directive 2000/46/EC (OJ L 267, 10.10.2009, p. 7). (16) Council Directive 97/70/EC of 11 December 1997 setting up a harmonised safety regime for fishing vessels of 24 metres in length and over (OJ L 34, 9.2.1998, p. 1). (17) Council Regulation (EC) No 1257/96 of 20 June 1996 concerning humanitarian aid (OJ L 163, 2.7.1996, p. 1). (18) For information purposes, provisions referring to the curtailed time limit pursuant to Article 2(6) are indicated in this Annex with *, provisions referring to the urgency procedure pursuant to Article 3 are indicated in this Annex with ** and provision, provisions referring to the urgency procedure pursuant to Article 3 and to the curtailed time limit pursuant to Article 2(6) are indicated in this Annex with *** and provisions referred to in the second subparagraph of Article 2(5) are indicated in this Annex with ****. [Am. 3] (19) For information purposes, provisions referring to the urgency procedure pursuant to Article 8 of Regulation (EU) No 182/2011 are indicated in this Annex with **

European Parliament legislative resolution of 25 February 2014 on the proposal for a regulation of the European Parliament and of the Council adapting to Article 290 of the Treaty on the Functioning of the European Union a number of legal acts in the area of Justice providing for the use of the regulatory procedure with scrutiny (COM(2013)0452 – C7-0197/2013 – 2013/0220(COD))

P7_TA(2014)0113 A7-0480/2013

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2013)0452),

–  having regard to Article 294(2) and Article 81(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7‑0197/2013),

–  having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–  having regard to the opinion of the European Economic and Social Committee of 16 October 2013(1),

–  having regard to the letter from the President of the Committee of the Regions to the President of Parliament of 11 October 2013,

–  having regard to the Common Understanding on Delegated Acts, as approved on 3 March 2011 by the Conference of Presidents,

–  having regard to the Framework Agreement on relations between the European Parliament and the European Commission(2), in particular point 15 thereof and Annex 1 thereto,

–  having regard to its resolution of 5 May 2010 on the power of legislative delegation(3),

–  having regard to its resolution of 25 February 2014 on follow-up on the delegation of legislative powers and control by Member States of the Commission's exercise of implementing powers(4),

–  having regard to Rule 55 of its Rules of Procedure,

–  having regard to the report of the Committee on Legal Affairs (A7-0480/2013),

A.  Whereas the Commission committed itself to assessing by the end of 2012 how many legislative acts containing references to the regulatory procedure with scrutiny remained in force, in order to prepare the appropriate legislative initiatives and thus complete the adaptation to the new legal framework; whereas the announced objective was that, by the end of the seventh term of Parliament, all provisions referring to the regulatory procedure with scrutiny would have been removed from all legislative instruments; whereas the Commission has put forward the proposals fulfilling this commitment, albeit much later than expected;

1.  Adopts its position at first reading hereinafter set out;

2.  Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

3.  Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Position of the European Parliament adopted at first reading on 25 February 2014 with a view to the adoption of Regulation (EU) No .../2014 of the European Parliament and of the Council adapting to Article 290 of the Treaty on the Functioning of the European Union a number of legal acts in the area of Justice providing for the use of the regulatory procedure with scrutiny

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 81(2) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national Parliaments,

Having regard to the opinion of the European Economic and Social Committee(5),

Acting in accordance with the ordinary legislative procedure(6),

Whereas:

(1)  The Treaty of Lisbon introduced the possibility for the legislator to delegate power to the Commission to adopt non-legislative acts of general application to supplement or amend certain non-essential elements of a legislative act.

(2)  The measures which can be covered by delegations of powers, as referred to in Article 290(1) of the Treaty on the Functioning of the European Union (TFEU), correspond in principle to those covered by the regulatory procedure with scrutiny established by Article 5a of Council Decision 1999/468/EC(7).

(3)  It is necessary to adapt to Article 290 of the TFEU legal acts already in force which make use of the regulatory procedure with scrutiny.

(4)  This Regulation should not affect pending procedures in which the committee has already delivered its opinion in accordance with Article 5a of Decision 1999/468/EC before the entry into force of this Regulation.

(5)  When the Commission prepares delegated acts on the basis of the legal acts adapted by this Regulation, it is of particular importance that it carry out appropriate consultations, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.

(6)  The United Kingdom and Ireland are bound by the legal acts referred to in the annex and therefore take part in the adoption and application of this Regulation.

(7)  In accordance with Articles 1 and 2 of the Protocol No 22 on the position of Denmark annexed to the Treaty on the Functioning of the European Union, Denmark does not take part in the adoption of this Regulation, and is not bound by it or subject to its application,

HAVE ADOPTED THIS REGULATION:

Article 1

Where the legal acts listed in the Annex to this Regulation provide for the use of the regulatory procedure with scrutiny referred to in Article 5a(1) to (4) of Decision 1999/468/EC, the Commission shall be empowered to adopt delegated acts in accordance with Article 2 of this Regulation.

Article 2

1.  The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2.  The power to adopt delegated acts shall be conferred on the Commission for an indeterminate period of time.

3.  The delegation of power may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4.  As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

5.  An adopted delegated act shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

Article 3

This Regulation shall not affect pending procedures in which a committee has already delivered its opinion in accordance with Article 5a of the Decision 1999/468/EC.

Article 4

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in Member States in accordance with the Treaties.

Done at …,

For the European Parliament For the Council

The President The President

ANNEX

Legal acts making reference to the regulatory procedure with scrutiny referred to in Article 5a of the Decision 1999/468/EC which are adapted to the regime of delegated acts

1.  Council Regulation (EC) No 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters(8)

2.  Regulation (EC) No 805/2004 of the European Parliament and of the Council of 21 April 2004 creating a European Enforcement Order for uncontested claims(9)

3.  Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure(10)

4.  Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11 July 2007 establishing a European Small Claims Procedure(11)

5.  Regulation (EC) No 1393/2007 of the European Parliament and of the Council of 13 November 2007 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents), and repealing Council Regulation (EC) No 1348/2000(12).

(1) Not yet published in the Official Journal. (2) OJ L 304, 20.11.2010, p. 47. (3) OJ C 81 E, 15.3.2011, p. 6. (4) Texts adopted, P7_TA(2014)0127. (5) OJ C 67, 6.3.2014, p. 104. (6) Position of the European Parliament of 25 February 2014. (7) Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (OJ L 184, 17.7.1999, p. 23). (8) OJ L 174, 27.6.2001, p. 1. (9) OJ L 143, 30.4.2004, p. 15. (10) OJ L 399, 30.12.2006, p. 1. (11) OJ L 199, 31.7.2007, p. 1. (12) OJ L 324, 10.12.2007, p. 79.

European Parliament legislative resolution of 25 February 2014 on the proposal for a regulation of the European Parliament and of the Council adapting to Article 290 of the Treaty on the Functioning of the European Union a number of legal acts providing for the use of the regulatory procedure with scrutiny (COM(2013)0451 – C7-0198/2013 – 2013/0218(COD))

P7_TA(2014)0114 A7-0010/2014

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2013)0451),

–  having regard to Article 294(2) and Articles 33, 43(2), 53(1), 62, 64(2), 91, 100(2), 114, 153(2)(b), 168(4)(b), 172, 192(1), 207 and 338(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7‑0198/2013),

–  having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–  having regard to the opinion of the European Economic and Social Committee of 16 October 2013(1),

–  having regard to the letter from the President of the Committee of the Regions to the President of Parliament of 11 October 2013,

–  having regard to the Common Understanding on Delegated Acts, as approved on 3 March 2011 by the Conference of Presidents,

–  having regard to the Framework Agreement on relations between the European Parliament and the European Commission(2), in particular point 15 thereof and Annex 1 thereto,

–  having regard to its resolution of 5 May 2010 on the power of legislative delegation(3),

–  having regard to its resolution of 25 February 2014 on follow-up on the delegation of legislative powers and control by Member States of the Commission's exercise of implementing powers(4),

–  having regard to Rules 55 of its Rules of Procedure,

–  having regard to the report of the Committee on Legal Affairs and the opinions of the Committee on International Trade, the Committee on Economic and Monetary Affairs, the Committee on Employment and Social Affairs, the Committee on the Environment, Public Health and Food Safety, the Committee on Industry, Research and Energy, the Committee on the Internal Market and Consumer Protection, and the Committee on Transport and Tourism (A7-0010/2014),

A.  Whereas the Commission committed itself to assessing by the end of 2012 how many legislative acts containing references to the regulatory procedure with scrutiny remained in force in order to prepare the appropriate legislative initiatives and thus complete the adaptation to the new legal framework; whereas the announced objective was that, by the end of the seventh term of Parliament, all provisions referring to the regulatory procedure with scrutiny would have been removed from all legislative instruments; whereas the Commission has put forward the proposals fulfilling this commitment, albeit much later than expected;

1.  Adopts its position at first reading hereinafter set out;

2.  Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

3.  Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Position of the European Parliament adopted at first reading on 25 February 2014 with a view to the adoption of Regulation (EU) No .../2014 of the European Parliament and of the Council adapting to Article 290 of the Treaty on the Functioning of the European Union a number of legal acts providing for the use of the regulatory procedure with scrutiny

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 33, 43(2), 53(1), 62, 64(2), 91, 100(2), 114, 153(2)(b), 168(4)(b), 172, 192(1), 207 and 338(1), thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national Parliaments,

Having regard to the opinion of the European Economic and Social Committee(5),

Acting in accordance with the ordinary legislative procedure(6),

Whereas:

(1)  The Treaty of Lisbon introduced the possibility for the legislator to delegate power to the Commission to adopt non-legislative acts of general application to supplement or amend certain non-essential elements of a legislative act.

(2)  The measures which can be covered by delegations of powers, as referred to in Article 290(1) of the Treaty on the Functioning of the European Union (TFEU), correspond in principle to those covered by the regulatory procedure with scrutiny established by Article 5a of Council Decision 1999/468/EC(7).

(3)  It is necessary to adapt to Article 290 of the TFEU a number of legal acts already in force which provide for the use of the regulatory procedure with scrutiny.

(4)  This Regulation should not affect pending procedures in which the committee has already delivered its opinion in accordance with Article 5a of Decision 1999/468/EC before the entry into force of this Regulation.

(5)  Since the adaptations to be made by this Regulation concern only procedures, they do not, in the case of directives, need to be transposed by the Member States.

(6)  When the Commission prepares delegated acts on the basis of the legal acts adapted by this Regulation, it is of particular importance that it carry out appropriate consultations, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council,

HAVE ADOPTED THIS REGULATION:

Article 1

1.  Where the legal acts listed in the Annex to this Regulation provide for the use of the regulatory procedure with scrutiny referred to in Article 5a(1) to (5) of Decision 1999/468/EC, the Commission shall be empowered to adopt delegated acts in accordance with Article 2 of this Regulation.

2.  Where the legal acts listed in the Annex provide for the use of the urgency procedure referred to in Article 5a(6) of Decision 1999/468/EC, the Commission shall be empowered to adopt delegated acts in accordance with the urgency procedure provided in Article 3 of this Regulation.

Article 2

1.  The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2.  The power to adopt delegated acts shall be conferred on the Commission for an indeterminate a period of time five years from the date of entry into force of this Regulation. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.[Am. 1]

3.  The delegation of power may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4.  As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

5.  An adopted delegated act shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

By way of derogation from the first subparagraph, the period for objections shall be three months, which shall be extended by three months at the initiative of the European Parliament or of the Council, with regard to delegated acts adopted pursuant to the regulations listed in points 81(8), 82(9), 85(10), 86(11), 90 to 93(12) of Section G, and point 95(13) of Section H, of the Annex. [Am. 2]

6.  Where the legal acts listed in the Annex to this Regulation provide that the time-limit laid down in point (c) of Article 5a(3) of Decision 1999/468/EC is curtailed pursuant to point (b) of Article 5a(5) of that Decision, the periods laid down in paragraph 5 of this Article shall be set at one month.

Article 3

1.  Delegated acts adopted under this Article shall enter into force without delay and shall apply as long as no objection is expressed in accordance with paragraph 2. The notification of a delegated act to the European Parliament and to the Council shall state the reasons for the use of the urgency procedure.

2.  Either the European Parliament or the Council may object to a delegated act in accordance with the procedure referred to in Article 2(5). In such a case, the Commission shall repeal the act without delay following the notification of the decision to object by the European Parliament or by the Council.

Article 4

This Regulation shall not affect pending procedures in which a committee has already delivered its opinion in accordance with Article 5a of Decision 1999/468/EC.

Article 5

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at

For the European Parliament For the Council

The President The President

ANNEX

Legal acts making reference to the regulatory procedure with scrutiny referred to in Article 5a of Decision 1999/468/EC which are adapted to the regime of delegated acts(14)

A.  Communications Networks, Content and Technology

1.  Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications)

2.  Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of, electronic communications networks and associated facilities (Access Directive)

B.  Employment, Social Affairs and Inclusion

3.  Directive 2009/148/EC of the European Parliament and of the Council of 30 November 2009 on the protection of workers from the risks related to exposure to asbestos at work **

4.  Directive 2009/104/EC of the European Parliament and of the Council of 16 September 2009 concerning the minimum safety and health requirements for the use of work equipment by workers at work (second individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)**

5.  Directive 2006/25/EC of the European Parliament and of the Council of 5 April 2006 on the minimum health and safety requirements regarding the exposure of workers to risks arising from physical agents (artificial optical radiation) (19th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)**

6.  Directive 2004/37/EC of the European Parliament and of the Council of 29 April 2004 on the protection of workers from the risks related to exposure to carcinogens or mutagens at work (sixth individual directive within the meaning of Article 16(1) of Directive 89/391/EEC)**

7.  Directive 2003/10/EC of the European Parliament and of the Council of 6 February 2003 on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (noise) (Seventeenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)**

8.  Directive 2002/44/EC of the European Parliament and of the Council of 25 June 2002 on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (vibration) (sixteenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC **

9.  Directive 2000/54/EC of the European Parliament and of the Council of 18 September 2000 on the protection of workers from risks related to exposure to biological agents at work (seventh individual directive within the meaning of Article 16(1) of Directive 89/391/EEC)**

10.  Directive 1999/92/EC of the European Parliament and of the Council of 16 December 1999 on minimum requirements for improving the safety and health protection of workers potentially at risk from explosive atmospheres (15th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)**

11.  Council Directive 98/24/EC of 7 April 1998 on the protection of the health and safety of workers from the risks related to chemical agents at work (fourteenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)**

12.  Council Directive 93/103/EC of 23 November 1993 concerning the minimum safety and health requirements for work on board fishing vessels (thirteenth individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC)**

13.  Council Directive 92/104/EEC of 3 December 1992 on the minimum requirements for improving the safety and health protection of workers in surface and underground mineral-extracting industries (twelfth individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC)**

14.  Council Directive 92/91/EEC of 3 November 1992 concerning the minimum requirements for improving the safety and health protection of workers in the mineral- extracting industries through drilling (eleventh individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC)**

15.  Council Directive 92/58/EEC of 24 June 1992 on the minimum requirements for the provision of safety and/or health signs at work (ninth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)**

16.  Council Directive 92/57/EEC of 24 June 1992 on the implementation of minimum safety and health requirements at temporary or mobile construction sites (eighth individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC)**

17.  Council Directive 92/29/EEC of 31 March 1992 on the minimum safety and health requirements for improved medical treatment on board vessels **

18.  Council Directive 90/270/EEC of 29 May 1990 on the minimum safety and health requirements for work with display screen equipment (fifth individual directive within the meaning of Article 16(1) of Directive 89/391/EEC)**

19.  Council Directive 90/269/EEC of 29 May 1990 on the minimum health and safety requirements for the manual handling of loads where there is a risk particularly of back injury to workers (fourth individual directive within the meaning of Article 16(1) of Directive 89/391/EEC)**

20.  Council Directive 89/656/EEC of 30 November 1989 on the minimum health and safety requirements for the use by workers of personal protective equipment at the workplace (third individual directive within the meaning of Article 16(1) of Directive 89/391/EEC)**

21.  Council Directive 89/654/EEC of 30 November 1989 concerning the minimum safety and health requirements for the workplace (first individual directive within the meaning of Article 16(1) of Directive 89/391/EEC)**

22.  Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work **

C.  Climate action

23.  Regulation (EC) No 1005/2009 of the European Parliament and of the Council of 16 September 2009 on substances that deplete the ozone layer

24.  Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide and amending Council Directive 85/337/EEC, European Parliament and Council Directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC, 2008/1/EC and Regulation (EC) No 1013/2006

D.  Energy

25.  Regulation (EC) No 1222/2009 of the European Parliament and of the Council of 25 November 2009 on the labelling of tyres with respect to fuel efficiency and other essential parameters.

26.  Regulation (EC) No 715/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the natural gas transmission networks and repealing Regulation (EC) No 1775/2005

27.  Regulation (EC) No 714/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the network for cross-border exchanges in electricity and repealing Regulation (EC) No 1228/2003

28.  Regulation (EC) No 713/2009 of the European Parliament and of the Council of 13 July 2009 establishing an Agency for the Cooperation of Energy Regulators

29.  Directive 2009/72/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC

30.  Directive 2009/73/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC

E.  Enterprise and Industry

31.  Regulation (EC) No 661/2009 of the European Parliament and of the Council of 13 July 2009 concerning type-approval requirements for the general safety of motor vehicles, their trailers and systems, components and separate technical units intended therefor

32.  Regulation (EC) No 595/2009 of the European Parliament and of the Council of 18 June 2009 on type-approval of motor vehicles and engines with respect to emissions from heavy duty vehicles (Euro VI) and on access to vehicle repair and maintenance information and amending Regulation (EC) No 715/2007 and Directive 2007/46/EC and repealing Directives 80/1269/EEC, 2005/55/EC and 2005/78/EC

33.  Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of eco-design requirements for energy-related products

34.  Regulation (EC) No 79/2009 of the European Parliament and of the Council of 14 January 2009 on type-approval of hydrogen-powered motor vehicles, and amending Directive 2007/46/EC

35.  Directive 2009/48/EC of the European Parliament and of the Council of 18 June 2009 on the safety of toys

36.  Directive 2009/43/EC of the European Parliament and of the Council of 6 May 2009 simplifying terms and conditions of transfers of defence-related products within the Community

37.  Directive 2009/34/EC of the European Parliament and of the Council of 23 April 2009 relating to common provisions for both measuring instruments and methods of metrological control (recast)

38.  Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (Framework Directive)

39.  Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC.

40.  Directive 2004/10/EC of the European Parliament and of the Council of 11 February 2004 on the harmonisation of laws, regulations and administrative provisions relating to the application of the principles of good laboratory practice and the verification of their applications for tests on chemical substances

41.  Directive 2004/9/EC of the European Parliament and of the Council of 11 February 2004 on the inspection and verification of good laboratory practice (GLP)

42.  Regulation (EC) No 2003/2003 of the European Parliament and of the Council of 13 October 2003 relating to fertilisers

43.  Directive 2000/14/EC of the European Parliament and of the Council of 8 May 2000 on the approximation of the laws of the Member States relating to the noise emission in the environment by equipment for use outdoors

44.  Directive 97/68/EC of the European Parliament and of the Council of 16 December 1997 on the approximation of the laws of the Member States relating to measures against the emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery

45.  Council Directive 75/324/EEC of 20 May 1975 on the approximation of the laws of the Member States relating to aerosol dispensers

F.  Environment

46.  Regulation (EC) No 1007/2009 of the European Parliament and of the Council of 16 September 2009 on trade in seal products

47.  Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds

48.  Directive 2009/126/EC of the European Parliament and of the Council of 21 October 2009 on Stage II petrol vapour recovery during refuelling of motor vehicles at service stations

49.  Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006**

50.  Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (Waste Framework Directive)

51.  Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for community action in the field of marine environmental policy (Marine Strategy Framework Directive)

52.  Directive 2008/50/EC of the European Parliament and of the Council of 21 May 2008 on ambient air quality and cleaner air for Europe

53.  Directive 2007/60/EC of the European Parliament and of the Council of 23 October 2007 on the assessment and management of flood risks

54.  Directive 2007/2/EC of the European Parliament and of the Council of 14 March 2007 establishing an Infrastructure for Spatial Information in the European Community (INSPIRE)

55.  Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste [Am. 4]

56.  Regulation (EC) No 166/2006 of the European Parliament and of the Council of 18 January 2006 concerning the establishment of a European Pollutant Release and Transfer Register and amending Council Directives 91/689/EEC and 96/61/EC

57.  Directive 2006/118/EC of the European Parliament and of the Council of 12 December 2006 on the protection of groundwater against pollution and deterioration

58.  Directive 2006/21/EC of the European Parliament and of the Council of 15 March 2006 on the management of waste from extractive industries and amending Directive 2004/35/EC

59.  Directive 2006/7/EC of the European Parliament and of the Council of 15 February 2006 concerning the management of bathing water quality and repealing Directive 76/160/EEC

60.  Regulation (EC) No 850/2004 of the European Parliament and of the Council of 29 April 2004 on persistent organic pollutants and amending Directive 79/117/EEC

61.  Directive 2004/107/EC of the European Parliament and of the Council of 15 December 2004 relating to arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in ambient air

62.  Directive 2004/42/CE of the European Parliament and of the Council of 21 April 2004 on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain paints and varnishes and vehicle refinishing products and amending Directive 1999/13/EC

63.  Directive 2002/49/EC of the European Parliament and of the Council of 25 June 2002 relating to the assessment and management of environmental noise

64.  Directive 2001/81/EC of the European Parliament and of the Council of 23 October 2001 on national emission ceilings for certain atmospheric pollutants

65.  Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy

66.  Directive 2000/53/EC of the European Parliament and of the Council of 18 September 2000 on end-of life vehicles

67.  Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste

68.  Council Directive 98/83/EC of 3 November 1998 on the quality of water intended for human consumption

69.  Council Directive 96/59/EC of 16 September 1996 on the disposal of polychlorinated biphenyls and polychlorinated terphenyls (PCB/PCT)

70.  European Parliament and Council Directive 94/63/EC of 20 December 1994 on the control of volatile organic compound (VOC) emissions resulting from the storage of petrol and its distribution from terminals to service stations

71.  European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste

72.  Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources

73.  Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment

74.  Council Directive 86/278/EEC of 12 June 1986 on the protection of the environment, and in particular of the soil, when sewage sludge is used in agriculture

G.  Statistics

75.  Regulation (EC) No 1185/2009 of the European Parliament and of the Council of 25 November 2009 concerning statistics on pesticides

76.  Regulation (EC) No 1338/2008 of the European Parliament and of the Council of 16 December 2008 on Community statistics on public health and health and safety at work

77.  Regulation (EC) No 1166/2008 of the European Parliament and of the Council of 19 November 2008 on farm structure surveys and the survey on agricultural production methods and repealing Council Regulation (EEC) No 571/88

78.  Regulation (EC) No 1099/2008 of the European Parliament and of the Council of 22 October 2008 on energy statistics)

79.  Regulation (EC) No 763/2008 of the European Parliament and of the Council of 9 July 2008 on population and housing censuses

80.  Regulation (EC) No 452/2008 of the European Parliament and of the Council of 23 April 2008 concerning the production and development of statistics on education and lifelong learning

81.  Regulation (EC) No 451/2008 of the European Parliament and of the Council of 23 April 2008 establishing a new statistical classification of products by activity (CPA) and repealing Council Regulation (EEC) No 3696/93**** [Am. 5]

82.  Regulation (EC) No 295/2008 of the European Parliament and of the Council of 11 March 2008 concerning structural business statistics (recast)**** [Am. 6]

83.  Regulation (EC) No 862/2007 of the European Parliament and of the Council of 11 July 2007 on Community statistics on migration and international protection and repealing Council Regulation (EEC) No 311/76 on the compilation of statistics on foreign workers.

84.  Regulation (EC) No 458/2007 of the European Parliament and of the Council of 25 April 2007 on the European system of integrated social protection statistics (ESSPROS)

85.  Regulation (EC) No 1893/2006 of the European Parliament and of the Council of 20 December 2006 establishing the statistical classification of economic activities NACE Revision 2 and amending Council Regulation (EEC) No 3037/90 as well as certain EC Regulations on specific statistical domains **** [Am. 7]

86.  Regulation (EC) No 1161/2005 of the European Parliament and of the Council of 6 July 2005 on the compilation of quarterly non-financial accounts by institutional sector. **** [Am. 8]

87.  Regulation (EC) No 808/2004 of the European Parliament and of the Council of 21 April 2004 concerning Community statistics on the information society

88.  Regulation (EC) No 1059/2003 of the European Parliament and of the Council of 26 May 2003 on the establishment of a common classification of territorial units for statistics (NUTS).

89.  Council Regulation (EC) 530/1999 of 9 March 1999 concerning structural statistics on earnings and on labour costs.

90.  Council Regulation (EC) No 1165/98 of 19 May 1998 concerning short-term statistics. **** [Am. 9]

91.  Council Regulation (EC) No 2494/95 of 23 October 1995 concerning harmonized indices of consumer prices. **** [Am. 10]

92.  Council Regulation (EEC) No 696/93 of 15 March 1993 on the statistical units for the observation and analysis of the production system in the Community. **** [Am. 11]

93.  Council Regulation (EEC) No 3924/91 of 19 December 1991 on the establishment of a Community survey of industrial production **** [Am. 12]

H.  Internal Market and Services

94.  Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market

95.  Regulation (EC) No 1606/2002 of the European Parliament and of the Council of 19 July 2002 on the application of international accounting standards **** [Am. 13]

96.  Directive 97/67/EC of the European Parliament and of the Council of 15 December 1997 on common rules for the development of the internal market of Community postal services and the improvement of quality of service

I.  Mobility and Transport

97.  Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international market for coach and bus services, and amending Regulation (EC) No 561/2006

98.  Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC

99.  Regulation (EC) No 392/2009 of the European Parliament and of the Council of 23 April 2009 on the liability of carriers of passengers by sea in the event of accidents

100.  Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market

101.  Directive 2009/33/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of clean and energy-efficient road transport vehicles

102.  Directive 2009/18/EC of the European Parliament and of the Council of 23 April 2009 establishing the fundamental principles governing the investigation of accidents in the maritime transport sector and amending Council Directive 1999/35/EC and Directive 2002/59/EC of the European Parliament and of the Council

103.  Directive 2009/15/EC of the European Parliament and of the Council of 23 April 2009 on common rules and standards for ship inspection and survey organisations and for the relevant activities of maritime administrations

104.  Regulation (EC) No 300/2008 of the European Parliament and of the Council of 11 March 2008 on common rules in the field of civil aviation security and repealing Regulation (EC) No 2320/2002 **

105.  Directive 2008/96/EC of the European Parliament and of the Council of 19 November 2008 on road infrastructure safety management

106.  Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008 on the inland transport of dangerous goods *

107.  Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail passengers’ rights and obligations

108.  Directive 2007/59/CE of the European Parliament and of the Council of 23 October 2007 on the certification of train drivers operating locomotives and trains on the railway system in the Community**

109.  Directive 2006/126/EC of the European Parliament and of the Council of 20 December 2006 on driving licences (recast)

110.  Regulation (EC) No 336/2006 of the European Parliament and of the Council of 15 February 2006 on the implementation of the International Safety Management Code within the Community and repealing Council Regulation (EC) No 3051/95

111.  Directive 2006/87/EC of the European Parliament and of the Council of 12 December 2006 laying down technical requirements for inland waterway vessels***

112.  Regulation (EC) No 2111/2005 of the European Parliament and of the Council of 14 December 2005 on the establishment of a Community list of air carriers subject to an operating ban within the Community and on informing air transport passengers of the identity of the operating air carrier

113.  Directive 2005/65/EC of the European Parliament and of the Council of 26 October 2005 on enhancing port security**

114.  Directive 2005/44/EC of the European Parliament and of the Council of 7 September 2005 on harmonised river information services (RIS) on inland waterways in the Community

115.  Regulation (EC) No 868/2004 of the European Parliament and of the Council of 21 April 2004 concerning protection against subsidisation and unfair pricing practices causing injury to Community air carriers in the supply of air services from countries not members of the European Community

116.  Regulation (EC) No 789/2004 of the European Parliament and of the Council of 21 April 2004 on the transfer of cargo and passenger ships between registers within the Community and repealing Council Regulation (EEC) No 613/91

117.  Regulation (EC) No 785/2004 of the European Parliament and of the Council of 21 April 2004 on insurance requirements for air carriers and aircraft operators

118.  Directive 2004/54/EC of the European Parliament and of the Council of 29 April 2004 on minimum safety requirements for tunnels in the Trans-European Road Network

119.  Directive 2004/52/EC of the European Parliament and of the Council of 29 April 2004 on the interoperability of electronic road toll systems in the Community

120.  Regulation (EC) No 782/2003 of the European Parliament and of the Council of 14 April 2003 on the prohibition of organotin compounds on ships

121.  Directive 2003/59/EC of the European Parliament and of the Council of 15 July 2003 on the initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers, amending Council Regulation (EEC) No 3820/85 and Council Directive 91/439/EEC and repealing Council Directive 76/914/EEC

122.  Directive 2003/25/EC of the European Parliament and of the Council of 14 April 2003 on specific stability requirements for ro-ro passenger ships

123.  Regulation (EC) No 2099/2002 of the European Parliament and of the Council of 5 November 2002 establishing a Committee on Safe Seas and the Prevention of Pollution from Ships (COSS) and amending the Regulations on maritime safety and the prevention of pollution from ships

124.  Directive 2002/59/EC of the European Parliament and of the Council of 27 June 2002 establishing a Community vessel traffic Monitoring and information system and repealing Council Directive 93/75/EEC

125.  Directive 2002/30/EC of the European Parliament and of the Council of 26 March 2002 on the establishment of rules and procedures with regard to the introduction of noise-related operating restrictions at Community airports

126.  Directive 2001/96/EC of the European Parliament and of the Council of 4 December 2001 establishing harmonised requirements and procedures for the safe loading and unloading of bulk carriers

127.  Council Directive 1999/35/EC of 29 April 1999 on a system of mandatory surveys for the safe operation of regular ro-ro ferry and high-speed passenger craft services

128.  Council Directive 98/41/EC of 18 June 1998 on the registration of persons sailing on board passenger ships operating to or from ports of the Member States of the Community

129.  Council Directive 96/50/EC of 23 July 1996 on the harmonization of the conditions for obtaining national boatmasters' certificates for the carriage of goods and passengers by inland waterway in the Community

130.  Council Directive 95/50/EC of 6 October 1995 on uniform procedures for checks on the transport of dangerous goods by road

131.  Council Regulation (EEC) No 3922/91 of 16 December 1991 on the harmonization of technical requirements and administrative procedures in the field of civil aviation

132.  Council Directive 91/672/EEC of 16 December 1991 on the reciprocal recognition of national Boatmasters' certificates for the carriage of goods and passengers by inland waterway

J.  Health and Consumers

133.  Directive 2009/128/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for Community action to achieve the sustainable use of pesticides

134.  Directive 2009/54/EC of the European Parliament and of the Council of 18 June 2009 on the exploitation and marketing of natural mineral waters **

135.  Directive 2009/41/EC of the European Parliament and of the Council of 6 May 2009 on the contained use of genetically modified micro-organisms (recast)

136.  Directive 2009/32/EC of the European Parliament and of the Council of 23 April 2009 on the approximation of the laws of the Member States on extraction solvents used in the production of foodstuffs and food ingredients

137.  Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers and repealing Council Directive 87/102/EEC

138.  Regulation (EC) No 1394/2007 of the European Parliament and of the Council of 13 November 2007 on advanced therapy medicinal products and amending Directive 2001/83/EC and Regulation (EC) No 726/2004

139.  Regulation (EC) No 1901/2006 of the European Parliament and of the Council of 12 December 2006 on medicinal products for paediatric use and amending Regulation (EEC) No 1768/92, Directive 2001/20/EC, Directive 2001/83/EC and Regulation (EC) No 726/2004

140.  Regulation (EC) No 183/2005 of the European Parliament and of the Council of 12 January 2005 laying down requirements for feed hygiene

141.  Regulation (EC) No 1935/2004 of the European Parliament and of the Council of 27 October 2004 on materials and articles intended to come into contact with food and repealing Directives 80/590/EEC and 98/109/EEC ***

142.  Regulation (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption

143.  Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin

144.  Regulation (EC) no 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs

145.  Regulation (EC) No 726/2004 of the European Parliament and of the Council of 31 March 2004 laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency

146.  Regulation (EC) No 2160/2003 of the European Parliament and of the Council of 17 November 2003 on the control of salmonella and other specified food-borne zoonotic agents

147.  Regulation (EC) No 2065/2003 of the European Parliament and of the Council of 10 November 2003 on smoke flavourings used or intended for use in or on foods

148.  Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition

149.  Regulation (EC) No 1830/2003 of the European Parliament and of the Council of 22 September 2003 concerning the traceability and labelling of genetically modified organisms and the traceability of food and feed products produced from genetically modified organism

150.  Directive 2003/99/EC of the European Parliament and of the Council of 17 November 2003 on the monitoring of zoonoses and zoonotic agents, amending Council Decision 90/424/EEC and repealing Council Directive 92/117/EEC **

151.  Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety

152.  Regulation (EC) No 999/2001 of the European Parliament and of the Council of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies

153.  Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use

154.  Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC

155.  Regulation (EC) No 141/2000 of the European Parliament and of the Council of 16 December 1999 on orphan medicinal products

156.  Directive 1999/2/EC of the European Parliament and of the Council of 22 February 1999 on the approximation of the laws of the Member States concerning foods and food ingredients treated with ionising radiation ***

157.  Regulation (EC) No 258/97 of the European Parliament and of the Council of 27 January 1997 concerning novel foods and novel food ingredients

158.  Council Regulation (EEC) No 315/93 of 8 February 1993 laying down Community procedures for contaminants in food **

159.  Council Directive 89/108/EEC of 21 December 1988 on the approximation of the laws of the Member States relating to quick-frozen foodstuffs for human consumption

K.  Taxation and Customs Union

160.  Decision No 70/2008/EC of the European Parliament and of the Council of 15 January 2008 on a paperless environment for customs and trade

(1) Not yet published in the Official Journal. (2) OJ L 304, 20.11.2010, p. 47. (3) OJ C 81 E, 15.3.2011, p. 6. (4) Texts adopted, P7_TA(2014)0127. (5) Opinion of 16 October 2013 (not yet published in the Official Journal). (6) Position of the European Parliament of 25 February 2014. (7) Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (OJ L 184, 17.7.1999, p. 23). (8) Regulation (EC) No 451/2008 of the European Parliament and of the Council of 23 April 2008 establishing a new statistical classification of products by activity (CPA) and repealing Council Regulation (EEC) No 3696/93 (OJ L 145, 4.6.2008, p. 65). (9) Regulation (EC) No 295/2008 of the European Parliament and of the Council of 11 March 2008 concerning structural business statistics (OJ L 97, 9.4.2008, p. 13). (10) Regulation (EC) No 1893/2006 of the European Parliament and of the Council of 20 December 2006 establishing the statistical classification of economic activities NACE Revision 2 and amending Council Regulation (EEC) No 3037/90 as well as certain EC Regulations on specific statistical domains (OJ L 393, 30.12.2006, p. 1). (11) Regulation (EC) No 1161/2005 of the European Parliament and of the Council of 6 July 2005 on the compilation of quarterly non-financial accounts by institutional sector (OJ L 191, 22.7.2005, p. 22). (12) Council Regulation (EC) No 1165/98 of 19 May 1998 concerning short-term statistics (OJ L 162, 5.6.1998, p. 1); Council Regulation (EC) No 2494/95 of 23 October 1995 concerning harmonized indices of consumer prices (OJ L 257, 27.10.1995, p. 1); Council Regulation (EEC) No 696/93 of 15 March 1993 on the statistical units for the observation and analysis of the production system in the Community (OJ L 76, 30.3.1993, p. 1); Council Regulation (EEC) No 3924/91 of 19 December 1991 on the establishment of a Community survey of industrial production (OJ L 374, 31.12.1991, p. 1). (13) Regulation (EC) No 1606/2002 of the European Parliament and of the Council of 19 July 2002 on the application of international accounting standards (OJ L 243, 11.9.2002, p. 1). (14) For information purposes, legal acts referring to the curtailed time limit pursuant to Article 2(6) are indicated in this Annex with *, legal acts referring to the urgency procedure pursuant to Article 3 are indicated in this Annex with **, legal acts referring to the urgency procedure pursuant to Article 3 and to the curtailed time limit pursuant to Article 2(6) are indicated in this Annex with *** and legal acts referred to in the second subparagraph of Article 2(5) are indicated in this Annex with ****. [Am. 3]

European Parliament decision of 25 February 2014 on the nomination of Oskar Herics as a Member of the Court of Auditors (C7-0009/2014 – 2014/0802(NLE))

P7_TA(2014)0115 A7-0128/2014

(Consultation)

The European Parliament,

–  having regard to Article 286(2) of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C7‑0009/2014),

–  having regard to Rule 108 of its Rules of Procedure,

–  having regard to the report of the Committee on Budgetary Control (A7-0128/2014),

A.  whereas Parliament’s Committee on Budgetary Control proceeded to evaluate the credentials of the nominee, in particular in view of the requirements laid down in Article 286(1) of the Treaty on the Functioning of the European Union;

B.  whereas at its meeting of 17 February 2014 the Committee on Budgetary Control heard the Council’s nominee for membership of the Court of Auditors;

1.  Delivers a favourable opinion on the Council’s nomination of Oskar Herics as a Member of the Court of Auditors;

2.  Instructs its President to forward this decision to the Council and, for information, the Court of Auditors, the other institutions of the European Union and the audit institutions of the Member States.

European Parliament decision of 25 February 2014 on amendment of Rule 136 of Parliament's Rules of Procedure on the attendance of Members at sittings (2013/2033(REG))

P7_TA(2014)0116 A7-0038/2014

The European Parliament,

–  having regard to the proposal for amendment of its Rules of Procedure (B7‑0051/2013),

–  having regard to its decision 2005/684/EC, Euratom of 28 September 2005 adopting the Statute for Members of the European Parliament(1),

–  having regard to the Bureau decision of 19 May and 9 July 2008 concerning implementing measures for the Statute for Members of the European Parliament(2),

–  having regard to Rules 211 and 212 of its Rules of Procedure,

–  having regard to the report of the Committee on Constitutional Affairs (A7-0038/2014),

1.  Decides to amend its Rules of Procedure as shown below;

2.  Points out that the amendment will enter into force on the first day of the next part-session;

3.  Instructs its President to forward this decision to the Council and the Commission, for information.

Present text   Amendment Amendment 1 Parliament's Rules of Procedure Rule 136 – paragraph 2 2.  The names of the Members present, as shown in the attendance register, shall be recorded in the minutes of each sitting. 2.  The names of the Members present, as shown in the attendance register, shall be recorded in the minutes of each sitting as "present". The names of the Members excused by the President shall be recorded in the minutes of each sitting as "excused".

(1) OJ L 262, 7.10.2005, p. 1. (2) OJ C 159, 13.7.2009, p. 1.

European Parliament legislative resolution of 25 February 2014 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 443/2009 to define the modalities for reaching the 2020 target to reduce CO2 emissions from new passenger cars (COM(2012)0393 – C7-0184/2012 – 2012/0190(COD))

P7_TA(2014)0117 A7-0151/2013

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to the European Parliament and the Council (COM(2012)0393),

–  having regard to Article 294(2) and Article 192(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0184/2012),

–  having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–  having regard to the opinion of the European Economic and Social Committee of 12 December 2012(1),

–  after consulting the Committee of the Regions,

–  having regard to the undertaking given by the Council representative by letter of 29 November 2013 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

–  having regard to Rule 55 of its Rules of Procedure,

–  having regard to the report of the Committee on the Environment, Public Health and Food Safety and the opinions of the Committee on Industry, Research and Energy and the Committee on Transport and Tourism (A7-0151/2013),

1.  Adopts its position at first reading hereinafter set out;

2.  Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

3.  Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Position of the European Parliament adopted at first reading on 25 February 2014 with a view to the adoption of Regulation (EU) No .../2014 of the European Parliament and of the Council amending Regulation (EC) No 443/2009 to define the modalities for reaching the 2020 target to reduce CO2 emissions from new passenger cars

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) No 333/2014.)

(1) OJ C 44, 15.2.2013, p. 109.

European Parliament legislative resolution of 25 February 2014 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 207/2009 on the Community trade mark (COM(2013)0161 – C7-0087/2013 – 2013/0088(COD))

P7_TA(2014)0118 A7-0031/2014

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2013)0161),

–  having regard to Article 294(2) and Article 118(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7‑0087/2013),

–  having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–  having regard to the opinion of the Committee on Legal Affairs on the use of delegated acts of 14 October 2013,

–  having regard to Rule 55 of its Rules of Procedure,

–  having regard to the report of the Committee on Legal Affairs and the opinions of the Committee on International Trade and the Committee on the Internal Market and Consumer Protection (A7-0031/2014),

1.  Adopts its position at first reading hereinafter set out;

2.  Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

3.  Calls on the Commission to take measures to codify the Regulation once the legislative procedure has come to an end;

4.  Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Position of the European Parliament adopted at first reading on 25 February 2014 with a view to the adoption of Regulation (EU) No .../2014 of the European Parliament and of the Council amending Council Regulation (EC) No 207/2009 on the Community trade mark

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 118(1) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national Parliaments,

Acting in accordance with the ordinary legislative procedure(1),

Whereas:

(1)  Council Regulation (EC) No 40/94(2), in 2009 codified as Council Regulation (EC) No 207/2009(3), created a system of trade mark protection specific for the European Union which provided for the protection of trade marks at the level of the European Union, in parallel to the protection of trade marks available at the level of the Member States according to the national trade mark systems harmonized by Council Directive 89/104/EEC(4), codified as Directive 2008/95/EC of the European Parliament and of the Council(5).

(2)  As a consequence of the entry into force of the Lisbon Treaty, the terminology of Regulation (EC) No 207/2009 should be updated. This implies involves the replacement of 'Community trade mark' by 'European Union trade mark'. In line with the Common approach on decentralised Agencies, agreed in July 2012 by the European Parliament, the Council and the Commission, the name 'Office for Harmonisation in the Internal Market (trade marks and designs) ' should be replaced by 'European Union Trade Marks and Designs Intellectual Property Agency' (hereinafter 'the Agency'). [Am. 1]

(3)  Further to the Commission’s Communication of 16 July 2008 on an Industrial Property Rights Strategy for Europe(6), the Commission carried out a comprehensive evaluation of the overall functioning of the trade mark system in Europe as a whole, covering Union and national levels and the interrelation between each other.

(4)  In its conclusions of 25 May 2010 on the future revision of the Trade Mark system in the European Union(7), the Council called on the Commission to present proposals for the revision of Regulation (EC) No 207/2009 and Directive 2008/95/EC.

(5)  The experience acquired since the establishment of the Community trade mark system has shown that undertakings from within the Union and from third countries have accepted the system, which has become a successful and viable complement and alternative to the protection of trade marks at the level of the Member States. [Am. 2]

(6)  National trade marks continue nevertheless to be necessary for those undertakings which do not want protection of their trade marks at Union level or which are unable to obtain Union-wide protection while national protection does not face any obstacles. It should be left to the decision of each person seeking trade mark protection whether the protection is sought only as a national mark in one or more Member States, or only as a European Union trade mark, or both.

(7)  While the evaluation of the overall functioning of the Community trade mark system confirmed that many aspects of that system, including the fundamental principles on which it is based, have stood the test of time and continue meeting business needs and expectations, the Commission concluded in its Communication ‘A Single Market for Intellectual Property Rights’ of 24 May 2011(8) that there is a necessity to modernise the trade mark system in the Union by making it more effective, efficient and consistent as a whole and adapting it to the Internet era.

(8)  In parallel to the improvements and amendments of the Community trade mark system, national trade mark laws and practices should be further harmonised and brought in line with the Union trade mark system to the extent appropriate in order to create as far as possible equal conditions for the registration and protection of trade marks throughout the Union.

(9)  In order to allow for more flexibility while ensuring greater legal certainty with regard to the means of representation of trade marks, the requirement of graphic representability should be deleted from the definition of a European Union trade mark. A sign should be permitted to be represented in the Register of European Union trade marks in any appropriate form, and thus not necessarily by graphic means, as long as the representation sign is capable of being represented in a manner which is clear, precise, self-contained, easily accessible, durable and objective. A sign should therefore be permitted in any appropriate form, taking account of generally available technology which enables the competent authorities and the public to determine with precision and clarity the precise subject matter of protection. [Am. 3]

(10)  The current provisions of Regulation (EC) No 207/2009 fall short of offering the same degree of protection to designations of origin and geographical indications as other instruments of Union law. It is therefore necessary to clarify the absolute grounds for refusal concerning designations of origin and geographical indications and to ensure full consistency with relevant Union legislation providing for protection of those intellectual property titles. For reasons of coherence with other Union legislation, the scope of those absolute grounds should be extended to cover also protected traditional terms for wine and traditional specialities guaranteed.

(11)  Trade marks applied for in a script or language not intelligible in the Union should not deserve protection if their registration would have to be refused on absolute grounds when translated or transcribed in any official language of the Member States.

(12)  It is appropriate to make the dishonest appropriation of trade marks more difficult by extending the possibilities to oppose European Union trade mark applications filed in bad faith.

(13)  With the aim of maintaining strong protection of rights in designations of origin and geographical indications protected at Union level, it is necessary to clarify that those rights entitle to bring an opposition against the registration of a later European Union trade mark, regardless of whether or not they are also grounds for refusal to be taken into account ex officio by the examiner.

(14)  In order to ensure legal certainty and full consistency with the principle of priority, under which an earlier registered trade mark takes precedence over later registered trade marks, it is necessary to lay down that the enforcement of rights conferred by a European Union trade mark should be without prejudice to the rights of proprietors acquired prior to the filing or priority date of the European Union trade mark. This is in conformity with Article 16(1) of the Agreement on trade related aspects of intellectual property rights of 15 April 1994(9).

(15)  In order to ensure legal certainty and clarity, it is necessary to clarify that not only in the case of similarity but also in case of an identical sign being used for identical goods or services, protection should be granted to a European trade mark only if and to the extent that the main function of the European trade mark, which is to guarantee the commercial origin of the goods or services, is adversely affected. [Am. 4]

(16)  Confusion as to the commercial source from which the goods or services emanate may occur when a company uses the same or a similar sign as a trade name in a way that a link is established between the company bearing the name and the goods or services coming from that company. Infringement of a European Union trade mark should therefore also comprise the use of the sign as a trade name or similar designation as long as the use is made for the purposes of distinguishing goods or services as to their commercial origin.

(17)  In order to ensure legal certainty and full consistency with specific Union legislation, it is appropriate to provide that the proprietor of a European Union trade mark should be entitled to prohibit a third party from using a sign in a comparative advertising where such comparative advertising is contrary to Directive 2006/114/EC of the European Parliament and of the Council(10).

(18)  With the aim of strengthening trade mark protection and combatting counterfeiting more effectively, and without prejudice to WTO rules, in particular Article V of the GATT on freedom of transit, the proprietor of a European Union trade mark should be entitled to prevent third parties from bringing goods into the customs territory of the Union without being released for free circulation there, where such goods come from third countries and bear without authorization authorisation a trade mark which is essentially identical to the European Union trade mark registered in respect of such goods. This should be without prejudice to the smooth transit of generic medicines, in compliance with the international obligations of the European Union, in particular as reflected in the 'Declaration on the TRIPS agreement and public health' adopted by the Doha WTO Ministerial Conference on 14 November 2001. [Am. 115]

(18a)  The proprietor of a European Union trade mark should have the right to take relevant legal actions, including inter alia the right to request national customs authorities to take action in respect of goods which allegedly infringe the proprietor's rights, such as detention and destruction in accordance with Regulation (EU) No 608/2013 of the European Parliament and of the Council(11). [Am. 6]

(18b)  Article 28 of Regulation (EU) No 608/2013 provides that a right holder is to be liable in damages towards the holder of the goods where, inter alia, the goods in question are subsequently found not to infringe an intellectual property right. [Am. 7]

(18c)  Member States should take appropriate measures with a view to ensuring the smooth transit of generic medicines. A proprietor of a European Union trade mark should not have the right to prevent any third party from bringing goods, in the context of commercial activity, into the customs territory of a Member State based upon similarities, perceived or actual, between the international non-proprietary name (INN) for the active ingredient in the medicines and a registered trade mark. [Am. 8]

(19)  In order to more effectively prevent the entry of infringing counterfeit goods, particularly in the context of sales over the Internet internet delivered in small consignments as defined by Regulation (EU) No 608/2013, the proprietor of a validly registered European Union trade mark should be entitled to prohibit the importing of such goods into the Union, where it is only the consignor of the counterfeit goods who acts for commercial purposes in the course of trade. In cases where such measures are taken, Member States should ensure that the individuals or entities that had ordered the goods are informed of the reason for the measures as well as of their legal rights vis-a-vis the consignor. [Am. 9]

(20)  In order to enable proprietors of European Union trade marks to fight counterfeiting more effectively, they should be entitled to prohibit the affixing of an infringing mark to goods and preparatory acts prior to the affixing.

(21)  The exclusive rights conferred by a European Union trade mark should not entitle the proprietor to prohibit the use of signs or indications which are used fairly and in accordance with honest practices in industrial and commercial matters. In order to create equal conditions for trade names and trade marks in case of conflicts against the background that trade names are regularly granted unrestricted protection against later trade marks, such use should be considered to include the use of one’s own personal name only. It should further include the use of descriptive or non-distinctive signs or indications in general. Moreover, the proprietor should not be entitled to prevent the general fair and honest use of the European Union trade mark for identifying or referring to the goods or services as those of the proprietor.

(22)  In order to ensure legal certainty and safeguard trade mark rights legitimately acquired, it is appropriate and necessary to lay down, without affecting the principle that the later trade mark cannot be enforced against the earlier trade mark, that proprietors of European Union trade marks should not be entitled to oppose the use of a later trade mark when the later trade mark was acquired at a time when the earlier trade mark could not be enforced against the later trade mark. When carrying out checks, customs authorities should make use of the powers and procedures laid down in Union legislation regarding customs enforcement of intellectual property rights. [Am. 10]

(23)  For reasons of equity and legal certainty the use of a European Union trade mark in a form differing in elements which do not alter the distinctive character of the mark in the form in which it is registered should be sufficient to preserve the rights conferred regardless of whether the trade mark in the form as used is also registered.

(24)  Regulation (EC) No 207/2009 confers powers on the Commission in order to adopt rules implementing that Regulation. As a consequence of the entry into force of the Lisbon Treaty, the powers conferred upon the Commission under Regulation (EC) No 207/2009 need to be aligned to Article 290 of the Treaty on the Functioning of the European Union.

(25)  It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.

(26)  In order to ensure the efficient registration of legal acts concerning the European Union trade mark as object of property and ensure full transparency of the register of European Union trade marks, the power to adopt delegated acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of specifying certain obligations of the applicant regarding specific trade marks, the details on the procedures for entering the transfer of European Union trade marks, the creation and transfer of a right in rem, the levy of execution, the involvement in an insolvency procedure and the grant or transfer of a licence in the Register and for cancelling or modifying relevant entries.

(27)  In view of the gradual decline and insignificant number of Community trade mark applications filed at the central intellectual property offices of the Member States ('the offices of the Member States'), it should be only allowed to file a European Union trade mark application at the Agency.

(28)  European Union trade mark protection is granted in relation to specific goods or services whose nature and number determine the extent of protection afforded to the trade mark owner. It is therefore essential to establish rules for the designation and classification of goods and services in Regulation (EC) No 207/2009 and to ensure legal certainty and sound administration by requiring that the goods and services for which trade mark protection is sought are identified by the applicant with sufficient clarity and precision to enable the competent authorities and economic operators, on the basis of the application alone, to determine the extent of the protection applied for. The use of general terms should be interpreted as including only all goods and services clearly covered by the literal meaning of the term. Proprietors of European Union trade marks, which because of the previous practice of the Agency are registered in respect of the entire heading of a class of the Nice Classification, should be given the possibility to adapt their specifications of goods and services in order to ensure that the content of the register meets the requisite standard of clarity and precision in accordance with the case law of the Court of Justice of the European Union.

(29)  In order to provide for an effective and efficient regime for the filing of European Union trade mark applications including priority and seniority claims, the power to adopt delegated acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of specifying the means and modalities of filing a European Union trade mark application, the details regarding the formal conditions of a European Union trade mark application, the content of that application, the type of application fee, as well as the details on the procedures for ascertaining reciprocity, claiming the priority of a previous application, an exhibition priority and the seniority of a national trade mark. [Am. 11]

(30)  The current regime of European Union trade mark and national searches is neither reliable nor efficient. It should therefore be replaced by the making available of all-encompassing, fast and powerful search engines for the free use of the public within the context of cooperation between the Agency and the offices of the Member States.

(31)  In order to ensure an effective, efficient and expeditious examination and registration of European Union trade mark applications by the Agency using procedures which are transparent, thorough, fair and equitable, the power to adopt delegated acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of specifying the details on the procedures related to the examination of compliance with the requirements on the filing date and with the formal conditions of an application, the procedures for verifying payment of class fees and the examination of absolute grounds for refusal, the details concerning the publication of the application, the procedures for correcting mistakes and errors in publications of applications, the details on the procedures related to third party observations, the details on the opposition procedure, the details on the procedures for filing and examining an opposition and those governing the amendment and division of the application, the particulars to be recorded in the Register when registering a European Union trade mark, the modalities of publication of the registration and the content and modalities of issue of a certificate of registration.

(32)  In order to allow European Union trade marks to be renewed in an effective and efficient manner and to safely apply the provisions on the alteration and the division of a European Union trade mark in practice without compromising legal certainty, the power to adopt delegated acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of specifying the modalities procedure for the renewal of a European Union trade mark and procedures governing the alteration and division of a European Union trade mark. [Am. 12]

(33)  In order to permit the proprietor of a European Union trade mark to easily surrender a European Union trade mark, while respecting the rights of third parties entered in the register in relation to that mark, and to ensure that a European Union trade mark can be revoked or declared invalid in an effective and efficient way by means of transparent, thorough, fair and equitable procedures, and to take into account the principles laid down in this Regulation, the power to adopt delegated acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of specifying the procedure governing the surrender of a European Union trade mark as well as the procedures for revocation and invalidity.

(34)  In order to allow for an effective, efficient and complete review of decisions of the Agency by the Boards of Appeal by means of a transparent, thorough, fair and equitable procedure which takes into account the principles laid down in Regulation (EC) No 207/2009, the power to adopt delegated acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of specifying the details on the content of the notice of appeal, the procedure for the filing and examination of an appeal, the content and form of the Board of Appeal's decisions and the reimbursement of the appeal fees.

(35)  As a complement to the existing provisions on Community collective marks and to remedy the current imbalance between national systems and the European Union trade mark system, it is necessary to add a set of specific provisions for the purpose of providing protection to European certification marks which allow a certifying institution or organisation to permit adherents to the certification system to use the mark as a sign for goods or services complying with the certification requirements.

(35a)  In order to contribute to improving the performance of the entire registration system and to ensure that trade marks are not registered where there are absolute grounds for refusal, including, in particular, where the trade mark is descriptive or non-distinctive, or of such a nature as to deceive the public, for instance as to the nature, quality or geographical origin of the goods or service, third parties should be able to submit to the central industrial property offices of the Member States written observations explaining which of the absolute grounds constitute an obstacle to registration. [Am. 13]

(36)  In order to allow for an effective and efficient use of European collective and certification marks, the power to adopt delegated acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of specifying the periods for submitting formal content of the regulations governing the use of those marks and the content thereof. [Am. 14]

(37)  The experience gained in the application of the current system of Community trade marks revealed the potential for improvement of certain aspects of procedure. Consequently, certain measures should be taken to simplify and speed up procedures where appropriate and to enhance legal certainty and predictability where required.

(38)  In order to ensure a smooth, effective and efficient operation of the European Union trade mark system, the power to adopt delegated acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of specifying the requirements as to the form of decisions, the details on oral proceedings and the modalities of taking of evidence, the modalities of notification, the procedure for the noting of loss of rights, the means of communication and the forms to be used by the parties to proceedings, the rules governing the calculation and duration of time limits, the procedures for the revocation of a decision or for cancellation of an entry in the Register and for the correction of obvious errors in decisions and errors attributable to the Agency, the modalities of the interruption of proceedings and the procedures concerning the apportionment and fixing of costs, the particulars to be entered in the Register, the details concerning the inspection and keeping of files, the modalities of publications in the European Union Trade Marks Bulletin and in the Official Journal of the Agency, the modalities of administrative cooperation between the Agency and the authorities of Member States, and the details on representation before the Agency. [Am. 15]

(39)  For reasons of legal certainty and greater transparency, it is appropriate to clearly define all the tasks of the Agency including those which are not related to the management of the Union trade mark system.

(40)  With the aim of promoting convergence of practices and of developing common tools, it is necessary to establish an appropriate framework for cooperation between the Agency and the offices of the Member States, clearly defining the key areas of cooperation and enabling the Agency to coordinate relevant common projects of Union interest and to finance, up to a maximum amount, those common projects by means of grants. Those cooperation activities should be beneficial for undertakings using trade mark systems in Europe the Union. For users of the Union regime laid down in this Regulation Regulation (EC) No 207/2009, the common projects, particularly the databases for search and consultation purposes, should provide, free of charge, additional, inclusive, and efficient and free of charge tools to comply with the specific requirements flowing from the unitary character of the European Union trade mark. However, it should not be mandatory for Member States to implement the results of such common projects. While it is important that all parties contribute to the success of common projects, not least by sharing best practices and experiences, a strict obligation requiring all Member States to implement the results of common projects, even where, for example, a Member State believes that it already has a better IT or similar tool in place, would be neither proportional nor in the best interests of users. [Am. 16]

(41)  Certain principles regarding the governance of the Agency should be adapted to the Common Approach on EU decentralised agencies adopted by the European Parliament, the Council and the Commission in July 2012.

(42)  In the interest of greater legal certainty and transparency, it is necessary to update some provisions concerning the organization and functioning of the Agency.

(43)  In the interest of sound financial management, the accumulation of significant budgetary surpluses should be avoided. This should be without prejudice to the Agency maintaining a financial reserve covering one year of its operational expenditure to ensure the continuity of its operations and the execution of its tasks.

(44)  In order to allow for an effective and efficient conversion of an application or registration of a European Union trade mark into a national trade mark application while ensuring a thorough examination of the relevant requirements, the power to adopt delegated acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of specifying the formal conditions with which a request for conversion must comply and the details of its examination and publication.

(44a)  The fees structure has been laid down by Commission Regulation (EC) No 2869/95(12). However, the fees structure is a central aspect of the functioning of the Union trade mark system, and has only been revised twice since its establishment, and only after significant political debate. The fees structure should therefore be directly regulated in Regulation (EC) No 207/2009. Regulation (EC) No 2869/95 should therefore be repealed and the provisions concerning the fees structure contained in Commission Regulation (EC) No 2868/95(13) should be deleted. [Am. 17]

(45)  In order to ensure an effective and efficient method to resolve of resolving disputes, to ensure consistency with the language regime laid down in Regulation (EC) No 207/2009, the expeditious delivery of decisions on in cases having a simple subject matter, and the effective and efficient organisation of the Boards of Appeal, and to guarantee an appropriate and realistic level of fees to be charged by the Agency, while complying with the budgetary principles set out in Regulation (EC) No 207/2009, the power to adopt delegated acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of specifying the details on concerning the languages to be used before the Agency, the cases where in which opposition and cancellation decisions should be taken by a single member, the details on concerning the organisation of the Boards of Appeal, the amounts of the fees to be paid to the Agency and details related relating to their the payment of fees. [Am. 18]

(46)  In order to ensure the effective and efficient registration of international trade marks in full consistency with the rules of the Protocol relating to the Madrid Agreement concerning the international registration of marks, the power to adopt delegated acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of specifying the details on the procedures concerning the international registration of trade marks.

(46a)  The European Data Protection Supervisor was consulted in accordance with Article 28(2) of Regulation (EC) No 45/2001 of the European Parliament and of the Council(14) and delivered an opinion on 11 July 2013(15). [Am. 19]

(47)  Regulation (EC) No 207/2009 should therefore be amended accordingly.

HAVE ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 207/2009 is amended as follows:

(1)  In the title, 'Community trade mark' is replaced by 'European Union trade mark';

(2)  Throughout the Regulation, the words 'Community trade mark' are replaced by 'European Union trade mark' and any necessary grammatical changes are made; [Am. 20 This amendment applies throughout the text]

(3)  Throughout the Regulation, the words ‘Community trade mark court’ are replaced by 'European Union trade mark court' and any necessary grammatical changes are made; [Am. 21 This amendment applies throughout the text]

(4)  Throughout the Regulation, the words 'Community collective mark' are replaced by 'European Union collective mark' and any necessary grammatical changes are made; [Am. 22 This amendment applies throughout the text]

(5)  Throughout the Regulation, except in the cases referred to in points (2), (3) and (4), the words 'Community', 'European Community' and 'European Communities' are replaced by ‘Union’ and any necessary grammatical changes are made;

(6)  Throughout the Regulation, the word 'Office', insofar as it refers to the Office for Harmonisation in the Internal Market (trade marks and designs) provided for in Article 2 of the Regulation, is replaced by 'Agency' and any necessary grammatical changes are made;

(7)  Throughout the Regulation, the word 'President' is replaced by 'Executive Director' and any necessary grammatical changes are made;

(8)  Article 2 is replaced by the following:"

'Article 2

Agency

1.  A European Union Trade Marks and Designs Intellectual Property Agency, hereinafter referred to as ‘the Agency’, is hereby established. [Am. 23 This amendment applies throughout the text]

2.  All references in Union law to the Office for Harmonisation in the Internal Market (trade marks and designs) shall be read as references to the Agency.';

(9)  Article 4 is replaced by the following:"

'Article 4

Signs of which a European Union trade mark may consist

(10)  Article 7 is amended as follows:

(a)  In paragraph 1, points (j) and (k) are replaced by the following:"

_____________

* Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights with respect to the same type of product (OJ L 227, 1.9.1994, p. 1).';

(b)  paragraph 2 is replaced by the following:"

(11)  Article 8 is amended as follows:

(a)  paragraph 3 is replaced by the following:"

(b)  in paragraph 4, the introductory phrase is replaced by the following:"

'4. Upon opposition by the proprietor of a non-registered trade mark or of another sign used in the course of trade of more than mere local significance, the trade mark applied for shall not be registered where and to the extent that, pursuant to Union legislation providing for protection of designations of origin and geographical indications, or the law of the Member State governing that sign:'

(c)  paragraph 5 is replaced by the following:"

'5. Upon opposition by the proprietor of an earlier registered trade mark within the meaning of paragraph 2, the trade mark applied for shall not be registered where it is identical with, or similar to, an earlier trade mark irrespective of whether the goods or services for which it is applied are identical with, similar to or not similar to those for which the earlier trade mark is registered, where, in the case of an earlier European Union trade mark, the trade mark has a reputation in the Union or, in the case of an earlier national trade mark, the trade mark has a reputation in the Member State concerned, and where the use without due cause of the trade mark applied for would take unfair advantage of, or be detrimental to, the distinctive character or the repute of the earlier trade mark.';

(12)  Article 9 is replaced by the following:"

'Article 9

Rights conferred by a European Union trade mark

1.  The registration of a European Union trade mark shall confer on the proprietor exclusive rights.

2.  Without prejudice to the rights of proprietors acquired before the filing date or the priority date of the European Union trade mark, the proprietor of a European Union trade mark shall be entitled to prevent all third parties not having his consent from using in the course of trade any sign in relation to goods or services where:

3.  The following, in particular, may be prohibited under paragraph 2:

4.  The proprietor of a European Union trade mark shall also be entitled to prevent the importing into the Union of goods referred to in paragraph 3(c) delivered in small consignments as defined by Regulation (EU) No 608/2013 of the European Parliament and of the Council** where only the consignor of the goods acts for commercial purposes in the course of trade and where such goods, including packaging, bear without authorisation a trade mark which is identical to the European Union trade mark registered in respect of such goods, or which cannot be distinguished in its essential aspects from that European Union trade mark. In cases where such measures are taken Member States shall ensure that the individual or entity that ordered the goods is informed of the reason for the measures as well as of their legal rights vis-a-vis the consignor.

5.  Without prejudice to WTO rules, in particular Article V of the GATT on freedom of transit, the proprietor of a European Union trade mark shall also be entitled to prevent all third parties from bringing goods, in the context of commercial activity, into the customs territory of the Union without being released for free circulation there, where such goods, including packaging, come from third countries and bear without authorisation a trade mark which is identical to the European Union trade mark registered in respect of such goods, or which cannot be distinguished in its essential aspects from that trade mark. [Ams. 28 and 116]

___________________

* Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising (OJ L 376, 27.12.2006, p. 21)

** Regulation (EU) No 608/2013 of the European Parliament and of the Council of 12 June 2013 concerning customs enforcement of intellectual property rights and repealing Council Regulation (EC) No 1383/2003 (OJ L 181, 28.6.2013, p. 15)';

(13)  The following Articles are inserted:"

'Article 9a

Infringement of the rights of the proprietor by use of get-up, packaging or other means

Article 9b

Date of prevailing of rights against third parties

1.  The rights conferred by a European Union trade mark shall prevail against third parties from the date of publication of the registration of the trade mark.

2.  Reasonable compensation may be claimed in respect of acts occurring after the date of publication of a European Union trade mark application, where those acts would, after publication of the registration of the trade mark, be prohibited by virtue of that publication.

3.  The court seized of a case may not decide upon the merits of the case until the registration has been published.';

(14)  Article 12 is replaced by the following:"

'Article 12

Limitation of the effects of a European Union trade mark

1.  A European Union trade mark shall not entitle the proprietor to prohibit a third party from using in the course of trade:

The first subparagraph This paragraph shall only apply where the use made by the third party is in accordance with honest practices in industrial or commercial matters.

2.  The use by a third party shall be considered not to be in accordance with honest practices, in particular in any of the following cases:

2a.  The trade mark shall not entitle the proprietor to prohibit a third party from using the trade mark for a due cause for any non-commercial use of a mark.

2b.  The trade mark shall not entitle the proprietor to prohibit a third party from using, in the course of trade, an earlier right which only applies in a particular locality if that right is recognised by the laws of the Member State in question and within the limits of the territory in which it is recognised. '; [Am. 29]

(15)  In Article 13(1), the words 'in the Community' are is replaced by 'in the European Economic Area'.; the following:"

'1. A European Union trade mark shall not entitle the proprietor to prohibit its use in relation to goods which have been put on the market in the European Economic Area under that trade mark by the proprietor or with his consent.'; [Am. 30]

(16)  The following Article is inserted:"

'Article 13a

Intervening right of the proprietor of a later registered trade mark as defence in infringement proceedings

1.  In infringement proceedings, the proprietor of a European Union trade mark shall not be entitled to prohibit the use of a later registered European Union trade mark where that later trade mark shall not be declared invalid pursuant to Articles 53(3) and (4), 54(1) and (2) and 57(2).

2.  In infringement proceedings, the proprietor of a European Union trade mark shall not be entitled to prohibit the use of a later registered national trade mark where that later registered national trade mark shall not be declared invalid pursuant to Articles 8, 9(1) and (2) and 48(3) of Directive [xxx].

3.  Where the proprietor of a European Union trade mark shall not be entitled to prohibit the use of a later registered trade mark pursuant to paragraphs 1 or 2, the proprietor of that later registered trade mark shall not be entitled to prohibit the use of that earlier European Union trade mark in infringement proceedings.';

(17)  In Article 15(1), the second subparagraph is replaced by the following:"

(18)  In Article 16(1), the introductory phrase is replaced by the following:"

'1. Unless Articles 17 to 24 provide otherwise, a European Union trade mark as an object of property shall be dealt with in its entirety, and for the whole area of the Union, as a national trade mark registered in the Member State in which, according to the Register of European Union trade marks (hereinafter 'the Register'):';

(19)  In Article 17, paragraph 4 is deleted;

(20)  Article 18 is replaced by the following:"

'Article 18

Transfer of a trade mark registered in the name of an agent

1.  Where a European Union trade mark is registered in the name of the agent or representative of a person who is the proprietor of that trade mark, without the proprietor's authorisation, the latter shall be entitled to demand the assignment of the European Union trade mark in his favour, unless such agent or representative justifies his action.

2.  The proprietor may submit a request for assignment pursuant to paragraph 1 to the following:

(21)  Article 19 is amended as follows:

(a)  paragraph 2 is replaced by the following:"

'2. On request of one of the parties, the rights referred to in paragraph 1 or the transfer of those rights shall be entered in the Register and published.';

(b)  the following paragraph is added:"

'3. An entry in the Register effected pursuant to paragraph 2 shall be cancelled or modified on request of one of the parties.';

(22)  In Article 20, the following paragraph is added:"

'4. An entry in the Register effected pursuant to paragraph 3 shall be cancelled or modified on request of one of the parties.';

(23)  In Article 22, the following paragraph is added:"

'6. An entry in the Register effected pursuant to paragraph 5 shall be cancelled or modified on request of one of the parties.';

(24)  In Title II, the following Section is inserted:"

'SECTION 5

Delegation of powers

Article 24a

Delegation of powers

(25)  Article 25 is replaced by the following:"

'Article 25

Filing of applications

An application for a European Union trade mark shall be filed at the Agency.';

(26)  Article 26 is amended as follows:

(a)  in paragraph 1, point (d) is replaced by the following:"

'(d) a representation of the mark which satisfies the requirements set out in Article 4(b).';

(aa)  paragraph 2 is replaced by the following:"

The applicant shall give the order for payment of the application fee at the latest on the date on which he files his application.'; [Am. 31]

(b)  paragraph 3 is replaced by the following:"

'3. In addition to the requirements referred to in paragraphs 1 and 2, an application for a European Union trade mark shall comply with the formal conditions established in accordance with Article 35a(b). If those conditions provide for the trade mark to be represented electronically, the Executive Director of the Agency may determine the formats and maximum size of such an electronic file.';

(27)  Article 27 is replaced by the following:"

'Article 27

Date of filing

The date of filing of a European Union trade mark application shall be the date on which documents containing the information specified in Article 26(1) are filed with the Agency by the applicant, subject to the order for payment of the application fee for which the order for payment shall have been given at the latest on that date within a period of 21 days of filing the abovementioned documents.'; [Am. 32]

(28)  Article 28 is replaced by the following:"

'Article 28

Designation and classification of goods and services

1.  Goods and services in respect of which registration is applied for shall be classified in conformity with the system of classification established by the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of 15 June 1957 (hereinafter referred to as the 'Nice Classification').

2.  The goods and services for which the protection of the trade mark is sought shall be identified by the applicant with sufficient clarity and precision to enable the competent authorities and economic operators, on that sole basis, to determine the extent of the protection sought. The list of goods and services shall allow each item to be classified in only one class of the Nice Classification.

3.  For the purposes of paragraph 2, the general indications included in the class headings of the Nice Classification or other general terms may be used, provided that they comply with the requisite standards of clarity and precision.

4.  The Agency shall reject the application in respect of indications or terms which are unclear or imprecise, if the applicant does not suggest an acceptable wording within a period set by the Agency to that effect.

5.  The use of general terms, including the general indications of the class headings of the Nice Classification, shall be interpreted as including all the goods or services clearly covered by the literal meaning of the indication or term. The use of such terms or indications shall not be interpreted as comprising a claim to goods or services which cannot be so understood.

6.  Where the applicant requests registration for more than one class, the applicant shall group the goods and services shall be grouped according to the classes of the Nice Classification, each group being preceded by the number of the class to which that group of goods or services belongs and presented shall present them in the order of the classes. [Am. 33]

7.  The classification of goods and services shall serve exclusively administrative purposes. Goods and services shall not be regarded as being similar to each other on the ground that they appear in the same class under the Nice Classification, and goods and services shall not be regarded as being dissimilar from each other on the ground that they appear in different classes under the Nice Classification.

8.  Proprietors of European Union trade marks applied for before 22 June 2012 which are registered solely in respect of the entire heading of a Nice class, may declare that their intention on the date of filing had been to seek protection in respect of goods or services beyond those covered by the literal meaning of the heading of that class, provided that the goods or services so designated are included in the alphabetical list for that class of the edition of the Nice classification in force at the date of filing. [Am. 34]

The declaration shall be filed at the Agency within 4 six months from the entry into force of this Regulation, and shall indicate, in a clear, precise and specific manner, the goods and services, other than those clearly covered by the literal meaning of the indications of the class heading, originally covered by the proprietor's intention. The Agency shall take appropriate measures to amend the Register accordingly. This possibility is without prejudice to the application of Articles Article 15, Article 42(2), point (a) of Article 51(1)(a) and Article 57(2). [Am. 35]

European Union trade marks for which no declaration is filed within the period referred to in the second subparagraph shall be deemed to extend, as from the expiry of that period, only to goods or services clearly covered by the literal meaning of the indications included in the heading of the relevant class.

8a.  Where the register is amended, the exclusive rights conferred by the European Union trade mark under Article 9 shall not prevent any third party from continuing to use a trade mark in relation to goods or services where and to the extent that:

(29)  In Article 29(5), the following sentence is added:"

'If necessary, the Executive Director of the Agency shall request the Commission to consider enquiring enquire whether a State within the meaning of the first sentence accords that reciprocal treatment.'; [Am. 37]

(30)  Article 30 is replaced by the following:"

'Article 30

Claiming priority

1.  Priority claims shall be filed together with the European Union trade mark application and shall include the date, number and country of the previous application. The applicant shall file a copy of the previous application within three months from the filing date. If the previous application is an application for a European Union trade mark, the Agency shall ex officio include a copy of the previous application in the file. [Am. 38]

2.  The Executive Director of the Agency may determine that additional information and documentation to be provided by the applicant in support of the priority claim may consist of less than is required under the rules adopted in accordance with Article 35a(d), provided that the information required is available to the Agency from other sources.';

(31)  Article 33 is amended as follows:

(a)  in paragraph 1, the following sentence is added:"

'The priority claim shall be filed together with the European Union trade mark application.';

(b)  paragraph 2 is replaced by the following:"

'2. An applicant who wishes to claim priority pursuant to paragraph 1 shall file evidence of the display of goods or services under the mark applied for.';

(32)  In Article 34, paragraph 3 is replaced by the following:"

'3. The seniority claimed for the European Union trade mark shall lapse where the earlier trade mark the seniority of which is claimed is declared to be invalid or revoked. Where the earlier trade mark is revoked, the seniority shall lapse provided that the revocation takes effect prior to the filing date or priority date of the European Union trade mark.';

(33)  In Title III, the following Section is inserted:"

'SECTION 5

Delegation of powers

Article 35a

Delegation of powers

(34)  In Article 36(1), point (b) is replaced by the following:"

'(b) the European Union trade mark application complies with the conditions laid down in this Regulation and with the formal conditions referred to in Article 26(3).';

(35)  In Article 37, paragraph 2 is deleted;

(36)  In Title IV, Section 2 is deleted;

(37)  Article 39 is amended as follows:

(a)  paragraph 1 is replaced by the following:"

'1. If the conditions which the application for a European Union trade mark must satisfy have been fulfilled, the application shall be published for the purposes of Article 42 to the extent that it has not been refused pursuant to Article 37. The publication of the application shall be without prejudice to information already made available to the public otherwise in accordance with this Regulation or with delegated acts adopted pursuant to this Regulation.';

(b)  the following paragraph is added:"

'3. The Agency shall correct any mistakes or errors in the publication of the application.';

(38)  Article 40 is replaced by the following:"

'Article 40

Observations by third parties

1.  Any natural or legal person and any group or body representing manufacturers, producers, suppliers of services, traders or consumers may submit to the Agency written observations, explaining on which grounds under Articles 5 and 7, the trade mark shall not be registered ex officio.

They shall not be parties to the proceedings before the Agency.

2.  Third party observations shall be submitted before the end of the opposition period or, where an opposition against the trade mark has been filed, before the final decision on the opposition is taken.

3.  The submission referred to in paragraph 1 shall be without prejudice to the right of the Agency to re-open the examination of absolute grounds of its own initiative any time before registration, where appropriate.

4.  The observations referred to in paragraph 1 shall be communicated to the applicant who may comment on them.';

(39)  In Article 41, paragraph 3 is replaced by the following:"

'3. Opposition shall be expressed in writing, and shall specify the grounds on which it is made. It shall not be treated as duly entered until the opposition fee has been paid.

4.  Within a period fixed by the Agency, the opponent may submit facts, evidence and arguments in support of his case.';

(40)  In Article 42(2), first sentence, the phrase 'during the period of five years preceding the date of publication' is replaced by 'during the period of five years preceding the date of filing or the date of priority'; the following:"

'2. If the applicant so requests, the proprietor of an earlier European Union trade mark who has given notice of opposition shall furnish proof that, during the period of five years preceding the date of filing or the date of priority of the European Union trade mark application, the earlier European Union trade mark has been put to genuine use in the Union in connection with the goods or services in respect of which it is registered and which he cites as justification for his opposition, or that there are proper reasons for non-use, provided the earlier European Union trade mark has at that date been registered for not less than five years. In the absence of proof to this effect, the opposition shall be rejected. If the earlier European Union trade mark has been used in relation to part only of the goods or services for which it is registered it shall, for the purposes of the examination of the opposition, be deemed to be registered in respect only of that part of the goods or services'; [Am. 40]

(41)  Article 44 is amended as follows:

(a)  in paragraph 2, point (b) is replaced by the following:"

'(b) before the date of filing referred to in Article 27 has been accorded by the Agency and during the opposition period provided for in Article 41(1).';

(b)  paragraph 3 is deleted;

(42)  Article 45 is replaced by the following:"

'Article 45

Registration

1.  Where an application meets the requirements of this Regulation and where no notice of opposition has been given within the period referred to in Article 41(1) or where opposition has been rejected by a final decision, the trade mark shall be registered as a European Union trade mark. The registration shall be published.

2.  The Agency shall issue a certificate of registration. The certificate may be issued by electronic means.

3.  The proprietor of a registered European Union trade mark shall have the right to use in connection with the goods and services covered by the registration a symbol right next to the trade mark attesting that the trade mark is registered in the Union only as long as the registration remains in force. The exact configuration of that symbol shall be decided by the Executive Director of the Agency.

4.  The registered trade mark symbol shall not be used by any person other than the proprietor of the mark, or without the proprietor's consent. The proprietor of the trade mark shall not use the trade mark symbol before the mark is registered or after the revocation, declaration of invalidity, expiry or surrender of the trade mark.';

(43)  In Title IV, the following Section is inserted:"

'SECTION 7

Delegation of powers

Article 45a

Delegation of powers

(43a)  In Article 47, the following paragraph is inserted:"

(44)  In Article 49, paragraph 3 is deleted;

(45)  The following Article is inserted:"

'Article 49a

Delegation of powers

(46)  In Article 50, paragraphs 2 and 3 are replaced by the following:"

'2. The surrender shall be declared to the Agency in writing by the proprietor of the trade mark. It shall not have effect until it has been entered in the Register. The validity of the surrender of a European Union trade mark which is declared to the Agency subsequent to the submission of an application for revocation or for a declaration of invalidity of that trade mark pursuant to Article 56(1) shall be conditional upon the final rejection or withdrawal of the application for revocation or for a declaration of invalidity. [Am. 43]

3.  Surrender shall be entered only with the agreement of the proprietor of a right entered in the Register. If a licence has been registered, surrender shall be entered in the Register only if the proprietor of the trade mark proves that he has informed the licensee of his intention to surrender; this entry shall be made on expiry of a period established in accordance with Article 57a(a) of three months after the date on which the proprietor of the trade mark satisfies the Agency that he has informed the licensee of his intention to surrender it.'; [Am. 44]

(47)  In Article 53(1), the following subparagraph is added:"

'The conditions referred to in points (a), (b) and (c) of the first subparagraph shall be fulfilled at the filing date or the priority date of the European Union trade mark.';

(48)  In Paragraphs 1 and 2 of Article 54(1) and (2), the words 'either' and 'or to oppose the use of the later trade mark' are deleted; replaced by the following:"

'1. Where the proprietor of a European Union trade mark has acquiesced, for a period of five successive years, in the use of a later European Union trade mark in the Union while being aware of such use, he shall no longer be entitled on the basis of the earlier trade mark [...] to apply for a declaration that the later trade mark is invalid [...] in respect of the goods or services for which the later trade mark has been used, unless registration of the later European Union trade mark was applied for in bad faith.

2.  Where the proprietor of an earlier national trade mark as referred to in Article 8(2) or of another earlier sign referred to in Article 8(4) has acquiesced, for a period of five successive years, in the use of a later European Union trade mark in the Member State in which the earlier trade mark or the other earlier sign is protected while being aware of such use, he shall no longer be entitled on the basis of the earlier trade mark or of the other earlier sign [...] to apply for a declaration that the later trade mark is invalid [...] in respect of the goods or services for which the later trade mark has been used, unless registration of the later European Union trade mark was applied for in bad faith.'; [Am. 45]

(49)  Article 56 is amended as follows:

(a)  in paragraph 1, point (c), 'under the law of the Member State concerned' is replaced by 'under Union law or the law of the Member State concerned';

(b)  paragraph 3 is replaced by the following:"

'3. An application for revocation or for a declaration of invalidity shall be inadmissible where an application relating to the same subject matter and cause of action, and involving the same parties, has been adjudicated on its merits, either by the Agency or by a European Union trade mark court as referred to in Article 95 and the decision of the Agency or that court on that application has acquired the authority of a final decision.';

(50)  In Article 57(2), second sentence, 'was published' is replaced by 'was filed or at the priority date of the European trade mark application'; the following:"

'2. If the proprietor of the European Union trade mark so requests, the proprietor of an earlier European Union trade mark, being a party to the invalidity proceedings, shall furnish proof that, during the period of five years preceding the date of the application for a declaration of invalidity, the earlier European Union trade mark has been put to genuine use in the Union in connection with the goods or services in respect of which it is registered and which he cites as justification for his application, or that there are proper reasons for non-use, provided the earlier European Union trade mark has at that date been registered for not less than five years. If, at the date on which the European Union trade mark application was filed or at the priority date of the European Union trade mark application, the earlier European Union trade mark had been registered for not less than five years, the proprietor of the earlier European Union trade mark shall furnish proof that, in addition, the conditions contained in Article 42(2) were satisfied at that date. In the absence of proof to this effect the application for a declaration of invalidity shall be rejected. If the earlier European Union trade mark has been used in relation to part only of the goods or services for which it is registered, it shall, for the purpose of the examination of the application for a declaration of invalidity, be deemed to be registered in respect only of that part of the goods or services.'; [Am. 46]

(51)  In Title VI, the following Section is inserted:"

'SECTION 6

Delegation of powers

Article 57a

Delegation of powers

(52)  Article 58(1) is replaced by the following:"

'1. An appeal shall lie from decisions of any of the decision-making instances of the Agency listed in Article 130 points (a) to (d). Both the appeal period provided for in Article 60 and the filing of the appeal shall have suspensive effect.';

(53)  Article 62 is deleted;

(54)  Article 64(3) is replaced by the following:"

'3. The decisions of the Boards of Appeal shall take effect only as from the date of expiry of the period referred to in Article 65(5) or, if an action has been brought before the General Court within that period, as from the date of dismissal of such action or of any appeal filed with the Court of Justice against the decision of the General Court.';

(55)  Article 65 is amended as follows:

(a)  paragraph 1 is replaced by the following:"

'1. Actions may be brought before the General Court against decisions of the Boards of Appeal on appeals.';

(b)  paragraph 3 is replaced by the following:"

'3. The General Court shall have jurisdiction to annul or to alter the contested decision.';

(c)  paragraphs 5 and 6 are replaced by the following:"

'5. The action shall be brought before the General Court within two months of the date of notification of the decision of the Board of Appeal.

6.  The Agency shall take the necessary measures to comply with the judgment of the General Court or, in case of appeal against that judgment, the Court of Justice.';

(56)  The following Article is inserted:"

'Article 65a

Delegation of powers

(57)  The title of Title VIII is replaced by the following:"

'SPECIFIC PROVISIONS ON EUROPEAN COLLECTIVE MARKS AND CERTIFICATION MARKS';

(58)  Between the title of Title VIII and Article 66, the following heading is inserted:"

'SECTION 1

European Union collective marks';

(59)  In Article 66, paragraph 3 is replaced by the following:"

'3. Titles I to VII and IX to XIV shall apply to European Union collective marks to the extent that this section does not provide otherwise.';

(60)  In Article 67(1), the words 'within the period prescribed' are is replaced by 'within the period prescribed in accordance with Article 74a'; the following:"

'1. An applicant for a European Union collective mark shall submit regulations governing its use within a period of two months after the date of filing.'; [Am. 50]

(61)  Article 69 is replaced by the following:"

'Article 69

Observations by third parties

Where written observations on a European Union collective mark are submitted to the Agency pursuant to Article 40, those observations may also be based on the particular grounds on which the application for a European Union collective mark shall be refused pursuant to Article 68.';

(61a)  Article 71(3) is replaced by the following:"

'3. Written observations in accordance with Article 69 may also be submitted with regard to amended regulations governing use.'; [Am. 51]

(62)  The following Article is inserted:"

'Article 74a

Delegation of powers

The Commission shall be empowered to adopt delegated acts in accordance with Article 163 specifying the period referred to in Article 67(1) for submitting the regulations governing use of the European collective mark to the Agency and the formal content of those the regulations governing use of the European Union collective mark as set out in Article 67(2).'; [Am. 52]

(63)  In Title VIII, the following Section is added:"

'SECTION 2

European Certification Marks

Article 74b

European certification marks

1.  A European certification mark shall be a European Union trade mark which is described as such when the mark is applied for and is capable of distinguishing goods or services which are certified by the proprietor of the mark in respect of geographical origin, material, mode of manufacture of goods or performance of services, quality, accuracy or other characteristic from goods and services which are not so certified.

2.  Any legal person, including institutions, authorities and bodies governed by public law, may apply for European certification marks provided that:

3.  By way of derogation from Article 7(1)(c), signs or indications which may serve, in trade, to designate the geographical origin of the goods or services may constitute European certification marks within the meaning of paragraph 1. A certification mark shall not entitle the proprietor to prohibit a third party from using in the course of trade such signs or indications, provided the third party uses them in accordance with honest practices in industrial or commercial matters. A certification mark may not be invoked against a third party who is entitled to use a geographical name.

4.  Titles I to VII and IX to XIV shall apply to European certification marks to the extent that this Section does not provide otherwise.’

Article 74c

Regulations governing use of the mark

1.  An applicant for a European certification mark shall submit regulations governing the use of the certification mark within the a period prescribed in accordance with Article 74k of two months after the date of filing. [Am. 53]

2.  The regulations governing use shall specify the persons authorised to use the mark, the characteristics to be certified by the mark, how the certifying body is to test those characteristics and to supervise the use of the mark as well as the conditions of use of the mark, including sanctions.

Article 74d

Refusal of the application

1.  In addition to the grounds for refusal of a European Union trade mark application provided for in Articles 36 and 37, an application for a European certification mark shall be refused where Articles 74b and 74c are not satisfied, or where the regulations governing use are contrary to public policy or to accepted principles of morality.

2.  An application for a European certification mark shall also be refused if the public is liable to be misled as regards the character or the significance of the mark, in particular if it is likely to be taken to be something other than a certification mark.

3.  An application shall not be refused if the applicant, as a result of an amendment of the regulations governing use, meets the requirements of paragraphs 1 and 2.

Article 74e

Observations by third parties

Where written observations on a European certification mark are submitted to the Agency pursuant to Article 40, those observations may also be based on the particular grounds on which the application for a European certification mark shall be refused pursuant to Article 74d.

Article 74f

Amendment of the regulations governing use of the mark

1.  The proprietor of a European certification mark shall submit to the Agency any amended regulations governing use.

2.  The amendment shall not be mentioned in the Register where the amended regulations do not satisfy the requirements of Article 74c or involve one of the grounds for refusal referred to in Article 74d.

3.  Written observations in accordance with Article 74e shall apply may also be submitted with regard to amended regulations governing use. [Am. 54]

4.  For the purposes of this Regulation, amendments to the regulations governing use shall take effect only from the date of entry of the mention of the amendment in the Register.

Article 74g

Transfer

By way of derogation from Article 17(1), a European certification mark may only be transferred to a legal person which meets the requirements of Article 74b(2).

Article 74h

Persons who are entitled to bring an action for infringement

1.  Only the proprietor of a European certification mark or any person specifically authorised by him to that effect shall be entitled to bring an action for infringement.

2.  The proprietor of a European certification mark shall be entitled to claim compensation on behalf of persons who have authority to use the mark where they have sustained damage in consequence of unauthorised use of the mark.

Article 74i

Grounds for revocation

In addition to the grounds for revocation provided for in Article 51, the rights of the proprietor of a European certification mark shall be revoked on application to the Agency or on the basis of a counterclaim in infringement proceedings, where any of the following conditions is fulfilled:

(a)  the proprietor no longer meets the requirements of Article 74b(2);

(b)  the proprietor does not take reasonable steps to prevent the mark being used in a manner incompatible with the conditions of use laid down in the regulations governing use, amendments to which have, where appropriate, been mentioned in the Register;

(c)  the manner in which the mark has been used by the proprietor has caused it to become liable to mislead the public in the manner referred to in Article 74d(2);

(d)  an amendment to the regulations governing use of the mark has been mentioned in the Register in breach of Article 74f(2), unless the proprietor of the mark, by further amending the regulations governing use, complies with the requirements of that Article.

Article 74j

Grounds for invalidity

In addition to the grounds for invalidity provided for in Articles 52 and 53, a European certification mark which is registered in breach of Article 74d shall be declared invalid on application to the Agency or on the basis of a counterclaim in infringement proceedings, unless the proprietor of the mark, by amending the regulations governing use, complies with the requirements of Article 74d.

Article 74k

Delegation of powers

The Commission shall be empowered to adopt delegated acts in accordance with Article 163 specifying the period referred to in Article 74c(1) for submitting the regulations governing use of the European certification mark to the Agency and the formal content of those the regulations governing use of the European certification mark as set out in Article 74c(2).'; [Am. 55]

(64)  Article 75 is replaced by the following:"

'Article 75

Form of decisions and communications of the Agency

1.  Decisions of the Agency shall state the reasons on which they are based. They shall be based only on reasons or evidence on which the parties concerned have had an opportunity to present their comments.

2.  Any decision, communication or notice from the Agency shall indicate the department or division of the Agency as well as the name or the names of the official or officials responsible. They shall be signed by the official or officials, or, instead of a signature, carry a printed or stamped seal of the Agency. The Executive Director may determine that other means of identifying the department or division of the Agency and the name of the official or officials responsible or an identification other than a seal may be used where decisions, communications or notices from the Agency are transmitted by telecopier or any other technical means of communication.';

(65)  In Article 76(1), the following sentence is added:"

'In invalidity proceedings pursuant to Article 52, the Agency shall limit its examination to the grounds and arguments provided by the parties.';

(66)  In Article 78, the following paragraph is added:"

'5. The Executive Director of the Agency shall determine the amounts of expenses, to be paid, including advances, as regards the costs of taking of evidence referred to in Article 93a(b).';

(67)  Article 79 is replaced by the following:"

'Article 79

Notification

1.  The Agency shall, as a matter of course, notify those concerned of decisions and summonses and of any notice or other communication from which a time limit is reckoned, or of which those concerned must be notified under other provisions of this Regulation or of delegated acts adopted pursuant to this Regulation, or of which notification has been ordered by the Executive Director of the Agency.

2.  The Executive Director may determine which documents other than decisions subject to a time limit for appeal and summonses shall be notified by registered letter with advice of delivery.

3.  Notification may be effected by electronic means, the details of which shall be determined by the Executive Director.

4.  Where notification shall be effected by public notice, the Executive Director shall determine how the public notice is to be given and shall fix the beginning of the one month period on the expiry of which the document shall be deemed to have been notified.';

(68)  The following Articles are inserted:"

'Article 79a

Noting of loss of rights

Where the Agency finds that the loss of any rights results from this Regulation or delegated acts adopted pursuant to this Regulation without any decision having been taken, it shall communicate this to the person concerned in accordance with Article 79. The latter may apply for a decision on the matter. The Agency shall adopt such a decision where it disagrees with the person requesting it; otherwise the Agency shall amend its finding and inform the person requesting the decision.

Article 79b

Communications to the Agency

Communications addressed to the Agency may be effected by electronic means. The Executive Director shall determine the extent and the technical conditions under which those communications may be submitted electronically.

Article 79c

Time limits

1.  The calculation and duration of Time limits shall be subject to the rules adopted in accordance with Article 93a(f) laid down in periods of full years, months, weeks or days. Calculation shall start on the day following the day on which the relevant event occurred. [Am. 56]

2.  The Executive Director of the Agency shall determine before the commencement of each calendar year the days on which the Agency is not open for receipt of documents or on which ordinary mail is not delivered in the locality in which the Agency is located.

3.  The Executive Director shall determine the duration of the period of interruption in case of a general interruption in the delivery of mail in the Member State where the Agency is located or in case of an actual interruption of the Agency’s connection to admitted electronic means of communication.

4.  If an exceptional occurrence such as a natural disaster or strike interrupts or dislocates proper communication from the parties to the proceedings to the Agency or vice-versa, the Executive Director may determine that for parties of the proceedings having their residence or registered office in the State concerned or who have appointed a representative with a place of business in the State concerned, all time limits that otherwise would expire on or after the date of commencement of such occurrence, as determined by him, shall extend until a date to be determined by him. When determining that date, he shall assess when the exceptional occurrence comes to an end. If the occurrence affects the seat of the Agency, such determination of the Executive Director shall specify that it applies in respect of all parties to the proceedings.

Article 79d

Correction of errors and manifest oversights

The Agency shall correct any linguistic errors or errors of transcription and manifest oversights in the Agency's decisions or technical errors attributable to the Agency in registering the trade mark or in publishing its registration. The Agency shall keep records of any such corrections.'; [Am. 57]

(69)  Article 80 is amended as follows:

(a)  in paragraph 1, first sentence, the phrase 'decision which contains an obvious procedural error' is replaced by 'decision which contains an obvious error'; the following:"

'1. Where the Agency has made an entry in the Register or taken a decision which contains an obvious [...] error attributable to the Agency, it shall ensure that the entry is cancelled or the decision is revoked. Where there is only one party to the proceedings and the entry or the act affects its rights, cancellation or revocation shall be determined even if the error was not evident to the party.'; [Am. 58]

(b)  in paragraph 2, the second sentence is replaced by the following:"

'2. Cancellation or revocation as referred to in paragraph 1 shall be determined, ex officio or at the request of one of the parties to the proceedings, by the department which made the entry or took the decision. The cancellation of the entry in the Register or the revocation of the decision shall be effected within one year from the date on which the entry was made in the Register or that decision was taken, after consultation with the parties to the proceedings and any proprietor of rights to the European Union trade mark in question that are entered in the Register. The Agency shall keep records of any such cancellation or revocation.'; [Am. 59]

(c)  paragraph 3 is replaced by the following:"

'3. This Article shall be without prejudice to the right of the parties to submit an appeal under Articles 58 and 65, or to the possibility of correcting errors and manifest oversights under Article 79d. Where an appeal has been filed against an Agency's decision containing an error, the appeal proceedings shall become devoid of purpose upon revocation by the Agency of its decision pursuant to paragraph 1 of this Article.';

(70)  Article 82 is amended as follows:

(a)  paragraph 2 is replaced by the following:"

'2. This Article shall not apply to the time limits laid down in Article 29(1), Article 33(1), Article 36(2), Article 41(1) and (3), Article 47(3), Article 60, Article 65(5), Article 81, Article 112, or to the time limits laid down in paragraph 1 of this Article or the time limit for claiming seniority pursuant to Article 34 after the application has been filed.';

(b)  paragraph 4 is replaced by the following:"

'4. If the Agency accepts the application, the consequences of having failed to observe the time limit shall be deemed not to have occurred. If a decision has been taken between the expiry of the unobserved time limit and the request for continuation of proceedings, the department competent to decide on the omitted act shall review the decision and, where completion of the omitted act itself is sufficient, take a different decision. If the original decision is not to be altered, it shall be confirmed in writing.';

(71)  The following Article is inserted:"

'Article 82a

Interruption of proceedings

1.  When interrupting or resuming proceedings, before the Agency shall comply with the modalities set out in accordance with Article 93a(i).'; shall be interrupted:

2.  When, in the cases referred to in points (a) and (b) of paragraph 1, the Agency has been informed of the identity of the person authorised to continue the proceedings before the Agency, the Agency shall inform that person and any interested third parties that the proceedings will be resumed as from a date to be fixed by the Agency.

3.  In the case referred to in point (c) of paragraph 1, the proceedings shall be resumed when the Agency has been informed of the appointment of a new representative of the applicant or when the Agency has notified to the other parties the appointment of a new representative of the proprietor of the European Union trade mark. If, three months after the beginning of the interruption of the proceedings, the Agency has not been informed of the appointment of a new representative, it shall inform the applicant for or proprietor of the European Union trade mark:

4.  The time limits, other than the time limit for paying the renewal fees, in force as regards the applicant for or proprietor of the European Union trade mark at the date of interruption of the proceedings, shall begin again as from the day on which the proceedings are resumed. '; [Am. 60]

(72)  Article 83 is replaced by the following:"

'Article 83

Reference to general principles

In the absence of procedural provisions in this Regulation or in delegated acts adopted pursuant to this Regulation, the Agency shall take into account the principles of procedural law generally recognised in the Member States.';

(73)  In Article 85(1), the words 'under the conditions laid down in the Implementing Regulation' are is replaced by 'under the conditions laid down in accordance with Article 93a(j).'; the following:"

'1. The losing party in opposition proceedings, proceedings for revocation, proceedings for a declaration of invalidity or appeal proceedings shall bear the fees incurred by the other party as well as all costs, without prejudice to Article 119(6), incurred by him essential to the proceedings, including travel and subsistence and the remuneration of an agent, adviser or advocate, within the limits of the scales set for each category of costs [...].'; [Am. 61]

(74)  In Article 86(2), the second sentence is replaced by the following:"

'Each Member State shall designate a single authority responsible for verifying the authenticity of the decision and shall communicate its contact details to the Agency, the Court of Justice and the Commission. The order for the enforcement of the decision shall be appended to the decision by that authority, without other formality than verification of the authenticity of the decision.';

(75)  Article 87 is replaced by the following:"

'Article 87

Register of European Union trade marks

1.  The Agency shall keep a Register, which shall contain those particulars the registration or inclusion of which is provided for by this Regulation or by a delegated act adopted pursuant to this Regulation. The Agency of European Union trade marks and shall keep the that Register up to date. [Am. 62]

2.  The Register shall be open to public inspection. It may be kept electronically.

3.  The Agency shall maintain an electronic database containing the particulars of applications for registration of European Union trade marks and the entries made in the Register. The contents of that database may be made available to the public. The Executive Director shall determine the conditions of access to the database and the manner in which the contents of this database may be made available in machine-readable form, including the corresponding charges.';

(76)  Article 88 is amended as follows:

(a)  the title 'Inspection of files' is replaced by 'Inspection and keeping of files';

(b)  paragraph 4 is replaced by the following:"

'4. Where the files are inspected pursuant to paragraphs 2 or 3, certain documents in the file may be withheld from inspection. The Executive Director shall determine the means of inspection.

5.  The Agency shall keep the files of any procedure relating to a European Union trade mark application or European Union trade mark registration. The Executive Director shall determine the form in which those files shall be kept. Where the files are kept in electronic format, the original documents forming the basis of such electronic files shall be disposed of after a period following their reception by the Agency, which shall be determined by the Executive Director.';

(77)  Article 89 is replaced by the following:"

'Article 89

Periodical publications

1.  The Agency shall periodically publish:

The publications referred to in points (a) and (b) may be effected by electronic means.

2.  The European Union Trade Marks Bulletin shall be published in the manner and frequency determined by the Executive Director.

3.  The Executive Director may determine that certain items shall be published in the Official Journal in all the official languages of the Union.';

(78)  Article 92 is amended as follows:

(a)  paragraph 2 is replaced by the following:"

'2. Without prejudice to paragraph 3, second sentence, natural or legal persons not having either their domicile or their principal place of business or a real and effective industrial or commercial establishment in the Union shall be represented before the Agency in accordance with Article 93(1) in all proceedings provided for by this Regulation, other than in filing an application for a European Union trade mark.

By way of derogation from the first subparagraph, the natural or legal persons referred to in that subparagraph need not be represented before the Agency in the cases provided for in accordance with Article 93a(p).'; [Am. 64]

(b)  paragraph 4 is replaced by the following:"

'4. Where the conditions established in accordance with Article 93a(p) are fulfilled, a common representative shall be appointed.'; [Am. 65]

(79)  Article 93 is amended as follows:

(a)  paragraph 1 is replaced by the following:"

Representatives acting before the Agency shall, on request by the Agency, file with it a signed authorisation for insertion on the files.';

(b)  paragraph 4 is replaced by the following:"

(c)  paragraph 5 is replaced by the following:"

'5. A person may be removed from the list of professional representatives under the conditions established in accordance with Article 93a(p).'; [Am. 66]

(80)  In Title IX, the following Section is inserted:"

'SECTION 5

Conferral of powers

Article 93a

Delegation of powers

(81)  In Title X, the title of Section 1 is replaced by the following:"

'Application of the Union rules on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters';

(82)  Article 94 is amended as follows:

(a)  the title is replaced by the following:"

'Application of the Union rules on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters';

(b)  in paragraph 1, 'Regulation (EC) No 44/2001' is replaced by 'the Union rules on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters'; the following:"

'1. Unless otherwise specified in this Regulation, the Union rules on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters shall apply to proceedings relating to European Union trade marks and applications for European Union trade marks, as well as to proceedings relating to simultaneous and successive actions on the basis of European Union trade marks and national trade marks.'; [Am. 71]

(c)  the following paragraph is added:"

'3. References in this Regulation to Regulation (EC) No 44/2001 shall include, where appropriate, the Agreement between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters done on 19 October 2005.';

(83)  In Article 96(c), 'Article 9(3), second sentence' is replaced by 'Article 9b(2)';

(84)  In Article 99, paragraph 3 is replaced by the following:"

'3. In the actions referred to in Article 96(a) and (c), a plea relating to revocation or invalidity of the European Union trade mark submitted otherwise than by way of a counterclaim shall be admissible in so far as the defendant claims that the rights of the proprietor of the European Union trade mark could be revoked for lack of genuine use at the time the infringement action was brought.';

(85)  Article 100 is amended as follows:

(a)  paragraph 4 is replaced by the following:"

'4. The European Union trade mark court with which a counterclaim for revocation or for a declaration of invalidity of the European Union trade mark has been filed shall not proceed with the examination of the counterclaim, until either the interested party or the court have informed the Agency of the date on which the counterclaim was filed. The Agency shall record that information in the Register. If an application for revocation or for a declaration of invalidity of the European Union trade mark is pending before the Agency, the court shall be informed thereof by the Agency and stay the proceedings until the decision on the application is final or the application is withdrawn.';

(b)  paragraph 6 is replaced by the following:"

'6. Where a European Union trade mark court has given a judgment which has become final on a counterclaim for revocation or for invalidity of a European Union trade mark, a copy of the judgment shall be sent to the Agency without delay, either by the court or by any of the parties to the national proceedings. The Agency or any other interested party may request information about such transmission. The Agency shall mention the judgment in the Register and shall take the necessary measures to comply with its operative part.';

(86)  In Article 102, paragraph 2 is replaced by the following:"

'2. The European Union trade mark court may also apply measures or orders available under the applicable law which it deems appropriate under the circumstances of the case.';

(87)  Article 108 is deleted;

(88)  In Article 113(3), the phrase 'together with the formal conditions laid down in the Implementing Regulation' is replaced by 'together with the formal conditions laid down in accordance with Article 114a'; the following:"

'3. The Agency shall check whether the conversion requested fulfils the conditions set out in this Regulation, in particular Article 112(1), (2), (4), (5) and (6), and paragraph 1 of this Article, together with the formal conditions laid down in accordance with Article 114a. If these conditions are fulfilled, the Agency shall transmit the request for conversion to the industrial property offices of the Member States specified therein.'; [Am. 72]

(89)  In Article 114(2), the words 'the Implementing Regulation' are is replaced by 'delegated acts adopted in accordance with this Regulation'; the following:"

'2. A European Union trade mark application or a European Union trade mark transmitted in accordance with Article 113 shall not be subjected to formal requirements of national law which are different from or additional to those provided for in this Regulation or in delegated acts adopted pursuant to this Regulation.'; [Am. 73]

(90)  The following Article is inserted:"

'Article 114a

Delegation of powers

The Commission shall be empowered to adopt delegated acts in accordance with Article 163 specifying the formal conditions with which a request for conversion of a European Union trade mark application must comply, the details of its examination, and those concerning its publication.';

(91)  In Article 116, paragraph 2 is replaced by the following:"

'2. Without prejudice to paragraph 1, the Agency may make use of seconded national experts or other staff not employed by the Agency. The Management Board shall adopt a decision laying down rules on the secondment to the Agency of national experts.';

(92)  In Article 117, the words 'to the Office' are is replaced by 'to the Agency and its staff'; the following:"

'The Protocol on the Privileges and Immunities of the European Union shall apply to the Agency and its staff.'; [Am. 74]

(93)  Article 119 is amended as follows:

(a)  in paragraph 6, second subparagraph, the second sentence is replaced by the following:"

'The translation shall be produced within the period prescribed in accordance with Article 144a(b).';

(b)  the following paragraph is added:"

'8. The Executive Director shall determine the manner in which translations shall be certified.';

(94)  In Article 120(1), the words 'the Implementing Regulation' are is replaced by 'a delegated act adopted pursuant to this Regulation'; the following:"

'1. An application for a European Union trade mark, as described in Article 26(1), and all other information the publication of which is prescribed by this Regulation or by a delegated act adopted pursuant to this Regulation, shall be published in all the official languages of the European Union.'; [Am. 75]

(95)  Article 122 is deleted;

(96)  Article 123 is replaced by the following:"

'Article 123

Transparency

1.  Regulation (EC) No 1049/2001 of the European Parliament and of the Council* shall apply to documents held by the Agency.

2.  The Management Board shall adopt the detailed rules for applying Regulation (EC) No 1049/2001.

3.  Decisions taken by the Agency under Article 8 of Regulation (EC) No 1049/2001 may form the subject of a complaint to the Ombudsman or of an action before the Court of Justice of the European Union, under the conditions laid down in Articles 228 and 263 of the Treaty respectively.

4.  The processing of personal data by the Agency shall be subject to Regulation (EC) No 45/2001 of the European Parliament and of the Council**.

___________________

* Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43).

** Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1.';

(97)  The following Article is inserted:"

'Article 123a

Security rules on the protection of classified and sensitive non-classified information

The Agency shall apply the security principles contained in the Commission's security rules for protecting European Union Classified Information (EUCI) and sensitive non-classified information, as set out in the annex to Commission Decision 2001/844/EC, ECSC, Euratom*. Applying the security principles shall cover, inter alia, provisions for the exchange, processing and storage of such information.

_____________________

* Commission Decision 2001/844/EC, ECSC, Euratom of 29 November 2001 amending its internal Rules of Procedure (OJ L 317, 3.12.2001, p. 1.)';

(98)  In Title XII, the following Section is inserted:"

'SECTION 1a

Tasks of the Agency and cooperation to promote convergence

Article 123b

Tasks of the Agency

1.  The Agency shall have the following tasks:

2.  The Agency shall cooperate with institutions, authorities, bodies, industrial property offices, international and non-governmental organisations in relation to the tasks laid down in paragraph 1.

3.  The Agency may provide voluntary mediation and arbitration services for the purpose of assisting parties in reaching an amicable settlement. [Am. 77]

Article 123c

Cooperation to promote convergence of practices and tools

1.  The Agency and the industrial property offices of the Member States and the Benelux Office for Intellectual Property shall cooperate with each other to promote convergence of practices and tools in the field of trade marks and designs.

2.  The Agency shall define, elaborate and coordinate common projects of Union interest to the Union and Member States with regard to the areas referred to in paragraph 1. The project definition shall contain set out the specific obligations and responsibilities of each participating industrial property office of the Member States and the Benelux Office for Intellectual Property. Throughout all phases of the common projects, the Agency shall consult with users' representatives. [Am. 79]

3.  The industrial property offices of the Member States and the Benelux Office for Intellectual Property shall participate effectively in the common projects referred to in paragraph 2 with a view to ensuring their development, functioning, interoperability, and keeping up to date.

Nevertheless, if the outcome of those projects leads to the development of instruments that a Member State considers, by way of a substantiated decision, to be equivalent to instruments which already exist in that Member State, the participation in the cooperation project shall not give rise to an obligation to implement the outcome in that Member State. [Am. 80]

4.  The Agency shall provide financial support to the common projects of interest to the Union interest and Member States referred to in paragraph 2 to the extent that this is necessary in order to ensure the effective participation of the industrial property offices of the Member States and the Benelux Office for Intellectual Property in the projects within the meaning of paragraph 3. That financial support may take the form of grants. The total amount of funding shall not exceed 10% 20 %of the yearly income of the Agency and shall cover the minimum amount for every Member State for purposes closely related to the participation in common projects. The beneficiaries of grants shall be the industrial property offices of the Member States and the Benelux Office for Intellectual Property. Grants may be awarded without calls for proposals in accordance with the financial rules applicable to the Agency and with the principles of grant procedures contained in the Financial Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council **** and in the Commission delegated Delegated Regulation (EU) No 1268/2012 *****. [Am. 81]

__________________________

* Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs (OJ L 3, 5.1.2002, p. 1).

** Regulation (EU) No 386/2012 of the European Parliament and of the Council of 19 April 2012 on entrusting the Office for Harmonization in the Internal Market (Trade Marks and Designs) with tasks related to the enforcement of intellectual property rights, including the assembling of public and private-sector representatives as a European Observatory on Infringements of Intellectual Property Rights (OJ L 129, 16.5.2012, p. 1).

*** Directive 2012/28/EU of the European Parliament and of the Council of 25 October 2012 on certain permitted uses of orphan works (OJ L 299, 27.10.2012, p. 5).

**** Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (OJ L 298, 26.10.2012, p. 1).

***** Commission Delegated Regulation (EU) No 1268/2012 of 29 October 2012 on the rules of application of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council on the financial rules applicable to the general budget of the Union (OJ L 362, 31.12.2012, p. 1).';

(99)  In Title XII, sections 2 and 3 are replaced by the following:"

'SECTION 2

Management Board

Article 124

Functions of the Management Board

1.  Without prejudice to the functions attributed to the Budget Committee in Section 5, the Management Board shall have the following functions:

2.  The Management Board shall adopt, in accordance with Article 110 of the Staff Regulations and 142 of the Conditions of Employment of Other Servants, a decision based on Article 2(1) of the Staff Regulations and on Article 6 of the Conditions of Employment of Other Servants, delegating the relevant appointing authority powers to the Executive Director and defining the conditions under which this delegation of powers can be suspended.

The Executive Director shall be authorised to sub-delegate those powers.

Where exceptional circumstances so require, the Management Board may by way of a decision temporarily suspend the delegation of the appointing authority powers to the Executive Director and those sub-delegated by the latter and exercise them itself or delegate them to one of its members or to a staff member other than the Executive Director. [Am. 84]

Article 125

Composition of the Management Board

1.  The Management Board shall be composed of one representative of each Member State and, two representatives of the Commission and one representative of the European Parliament and their respective alternates. [Am. 85]

2.  The members of the Management Board may, subject to its rules of procedure, be assisted by advisers or experts.

3.  The duration of the term of office shall be four years. The term of office shall be extendable.

Article 126

Chairperson of the Management Board

1.  The Management Board shall elect a chairperson and a deputy chairperson from among its members. The deputy chairperson shall ex officio replace the chairperson in the event of his being prevented from attending to his duties.

2.  The duration of the terms of office of the chairperson and the deputy chairperson shall be four years. The terms of office shall be renewable once. If, however, their membership of the Management Board ends at any time during their term of office, their term of office shall automatically expire on that date also.

Article 127

Meetings

1.  Meetings of the Management Board shall be convened by its chairperson.

2.  The Executive Director shall take part in the deliberations, unless the Management Board decides otherwise.

3.  The Management Board shall hold an ordinary meeting once twice a year. In addition, it shall meet on the initiative of its chairperson or at the request of the Commission, of the European Parliament or of one-third of the Member States. [Am. 87]

4.  The Management Board shall adopt rules of procedure.

5.  The Management Board shall take its decisions by an absolute majority of its members. However, a majority of two-thirds of its members shall be required for the decisions which the Management Board is empowered to take under points (a) and (b) of Article 124(1)(a) and (b), Article 126(1) and Article 129(2) and (4) (3). In both cases each member shall have one vote. [Am. 88]

6.  The Management Board may invite observers to attend its meetings.

7.  The Secretariat for the Management Board shall be provided by the Agency.

SECTION 2a

Executive Board

Article 127a

Establishment

The Management Board may establish an Executive Board.

Article 127b

Functions and organisation

1.  The Executive Board shall assist the Management Board.

2.  The Executive Board shall have the following functions:

3.  When necessary, because of urgency, the Executive Board may take certain provisional decisions on behalf of the Management Board, in particular on administrative management matters, including the suspension of the delegation of the appointing authority powers.

4.  The Executive Board shall be composed of the Chairperson of the Management Board, one representative of the Commission to the Management Board and three other members appointed by the Management Board from among its members. The Chairperson of the Management Board shall also be the Chairperson of the Executive Board. The Executive Director shall take part in the meetings of the Executive Board, but shall not have the right to vote.

5.  The term of office of members of the Executive Board shall be four years. The term of office of members of the Executive Board shall end when their membership of the Management Board ends.

6.  The Executive Board shall hold at least one ordinary meeting every three months. In addition, it shall meet on the initiative of its Chairperson or at the request of its members.

7.  The Executive Board shall comply with the rules of procedure laid down by the Management Board. [Am. 86]

SECTION 3

Executive Director

Article 128

Functions of the Executive Director

1.  The Agency shall be managed by the Executive Director. The Executive Director shall be accountable to the Management Board.

2.  Without prejudice to the powers of the Commission, the Management Board, and the Budget Committee, the Executive Director shall be independent in the performance of the duties and shall neither seek nor take instructions from any government or from any other body.

3.  The Executive Director shall be the legal representative of the Agency.

4.  The Executive Director shall have in particular the following functions:

5.  The Executive Director shall be assisted by one or more Deputy Executive Directors. If the Executive Director is absent or indisposed, the Deputy Executive Director or one of the Deputy Executive Directors shall replace him in accordance with the procedure laid down by the Management Board.

Article 129

Appointment and removal of the Executive Director and extension of his term of office

1.  The Executive Director shall be engaged as a temporary agent of the Agency under Article 2(a) of the Conditions of Employment of Other Servants.

2.  The Executive Director shall be appointed by the Management Board, from a list of at least three candidates proposed by the Commission a pre-selection committee of the Management Board composed of representatives of the Member States, of the Commission and of the European Parliament, following an open and transparent selection procedure and the publication, in the Official Journal of the European Union and elsewhere, of a call for expressions of interest. Before being appointed, the candidate selected by the Management Board may be invited to make a statement before any competent European Parliament committee and to answer questions put by its members. For the purpose of concluding the contract with the Executive Director, the Agency shall be represented by the chairperson of the Management Board.

The Executive Director may be removed from office only upon a decision of the Management Board acting on a proposal from the European Commission, after an evaluation report has been prepared by the Commission at the request of the Management Board or the European Parliament.

3.  The term of office of the Executive Director shall be five years. By the end of that period, the Commission Management Board shall undertake an assessment which takes into account an evaluation of the performance of the Executive Director and the Agency's future tasks and challenges. The Management Board may extend once the term of office of the Executive Director for no more than five years. The Management Board, when taking its decisions on the extension of the term of office of the Executive Director, shall take into account the Commission's assessment report of the Executive Director's performance as well as the Agency's future tasks and challenges.

4.  The Management Board, acting on a proposal from the Commission which takes into account the assessment referred to in paragraph 3, may extend once the term of office of the Executive Director for no more than five years.

5.  An Executive Director whose term of office has been extended may not participate in another selection procedure for the same post at the end of the overall period.

6.  The Deputy Executive Director or Deputy Executive Directors shall be appointed or removed from office as provided for in paragraph 2, after consultation of the Executive Director and, where applicable, the Executive Director elect. The term of office of the Deputy Executive Director shall be five years. It may be extended once for no more than five years by the Management Board acting on a proposal from the Commission as provided for in paragraph 4 3, after consultation of the Executive Director.'; [Am. 92]

(100)  Article 130 is amended as follows:

(a)  point (c) is replaced by the following:"

'(c) a department entrusted with the keeping of the Register;'

(b)  the following point is added:"

'(f) any other unit or person appointed by the Executive Director to that effect.';

(101)  In Article 132(2), the third sentence is replaced by the following:"

'In specific cases laid down in accordance with Article 144a(c), the decisions shall be taken by a single member.';

(102)  Article 133 is replaced by the following:"

'Article 133

Department entrusted with the keeping of the Register

1.  The Department entrusted with the keeping of the Register shall be responsible for taking decisions in respect of entries in the Register.

2.  It shall also be responsible for keeping the list of professional representatives referred to in Article 93(2).

3.  The decisions of the Department shall be taken by one member.';

(103)  Article 134 is amended as follows:

(a)  paragraph 1 is replaced by the following:"

(b)  in paragraph 2, the third sentence is replaced by the following:"

'In specific cases laid down in accordance with Article 144a(c), the decisions shall be taken by a single member.';

(104)  The following Article is inserted:"

'Article 134a

General Competence

Decisions required by this Regulation which do not fall within the competence of an examiner, an Opposition Division, a Cancellation Division or the Department entrusted with the keeping of the Register, shall be taken by any official or unit appointed by the Executive Director for that purpose.';

(105)  Article 135 is amended as follows:

(a)  paragraph 1 is replaced by the following:"

'1. The Boards of Appeal shall be responsible for deciding on appeals from decisions taken pursuant to Articles 131 to 134a.';

(b)  in paragraph 3, point (a) is replaced by the following::"

'(a) by the authority of the Boards of Appeal referred to in Article 136(4)(a); or';

(c)  paragraph 4 is replaced by the following:"

'4. The enlarged Board shall also be responsible for giving reasoned opinions on questions of law referred to it by the Executive Director pursuant to Article 128(4)(k).';

(d)  in paragraph 5, the last sentence is deleted;

(106)  Article 136 is replaced by the following:"

'Article 136

Independence of the members of the Boards of Appeal

1.  The President of the Boards of Appeal and the chairpersons of the Boards shall be appointed, in accordance with the procedure laid down in Article 129 for the appointment of the Executive Director, for a term of five years. They shall not be removed from office during this term, unless there are serious grounds for such removal and the Court of Justice, on application by the institution which appointed them, takes a decision to this effect.

2.  The term of office of the President of the Boards of Appeal may be extended once for one additional five-year period, or until retirement age if this age is reached during the new term of office, after a prior positive evaluation of his performance by the Management Board.

3.  The term of office of the chairpersons of the Boards may be extended for additional five-year periods, or until retirement age if this age is reached during the new term of office, after a prior positive evaluation of their performance by the Management Board, subject to a favourable opinion by the President of the Boards of Appeal.

4.  The President of the Boards of Appeal shall have the following managerial and organisational functions:

The President of the Boards of Appeal shall chair the enlarged Board.

5.  The members of the Boards of Appeal shall be appointed by the Management Board for a term of five years. Their term of office may be extended for additional five-year periods, or until retirement age if that age is reached during the new term of office after a prior positive evaluation of their performance by the Management Board, subject to a favourable opinion by the President of the Boards of Appeal.

6.  The members of the Boards of Appeal shall not be removed from office unless there are serious grounds for such removal and the Court of Justice, after the case has been referred to it by the Management Board on the recommendation of the President of the Boards of Appeal, after consulting the chairperson of the Board to which the member concerned belongs, takes a decision to this effect.

7.  The President of the Boards of Appeal and the chairpersons and members of the Boards of Appeal shall be independent. In their decisions they shall not be bound by any instructions.

8.  Decisions taken by an enlarged Board on appeals or opinions on questions of law referred to it by the Executive Director pursuant to Article 135 shall be binding on the decision-making instances of the Agency referred to in Article 130.

9.  The President of the Boards of Appeal and the chairpersons and members of the Boards of Appeal shall not be examiners or members of the Opposition Divisions, the Department entrusted with the keeping of the Register or Cancellation Divisions.

Article 136a

Mediation and arbitration centre

1.  The Agency may establish a mediation and arbitration centre which is independent of the decision-making instances listed in Article 130. The centre shall be located on the Agency's premises.

2.  Any natural or legal person may use the centre's services on a voluntary basis with the aim of resolving, by mutual agreement, disputes covered by this Regulation and by Directive ...

3.  The Agency may also start an arbitration procedure on its own initiative with a view to giving parties the opportunity to reach an agreement by common consent.

4.  The centre shall be led by a director who shall be responsible for the centre's activities.

5.  The director shall be appointed by the Management Board.

6.  The centre shall draw up rules governing mediation and arbitration procedures and rules governing the centre's work. The rules governing mediation and arbitration procedures and the rules governing the centre's work shall be ratified by the Management Board.

7.  The centre shall establish a register of mediators and arbitrators who help parties to resolve disputes. They must be independent and possess relevant skills and experience. The register shall require the approval of the Management Board.

8.  Examiners and members of the Division of the Institute or Boards of Appeal may not take part in any mediation or arbitration concerning a case in which they have:

9.  No person called to testify as a member of an arbitration or mediation panel may be involved in the objection, annulment or proceedings which gave rise to the mediation or arbitration process.'; [Am. 93]

(107)  Article 138 is replaced by the following:"

'Article 138

Budget Committee

1.  The Budget Committee shall have the functions assigned to it in this Section.

2.  Articles 125, 126 and 127(1) to (4), (6) and (7) shall apply to the Budget Committee mutatis mutandis.

3.  The Budget Committee shall take its decisions by an absolute majority of its members. However, a majority of two-thirds of its members shall be required for the decisions which the Budget Committee is empowered to take under Article 140(3) and Article 143. In both cases each member shall have one vote.';

(108)  In Article 139 the following paragraphs are added:"

'4. The Agency shall prepare on a biannual basis a report to the European Parliament, the Council and the Commission on its financial situation. On the basis of this that report, the Commission shall review the financial situation of the Agency. [Am. 94]

4a.  The Agency shall provide for a reserve fund covering one year of its operational expenditure to ensure the continuity of its operations.'; [Am. 95]

(109)  The following Article is inserted:"

'Article 141a

Combating fraud

1.  In order to facilitate combating fraud, corruption and other unlawful activities under Regulation (EC) No 1073/1999 of the European Parliament and of the Council* the Agency shall accede to the Interinstitutional Agreement of 25 May 1999 concerning internal investigations by the European Anti-fraud Office (OLAF) and adopt the appropriate provisions applicable to all the employees of the Agency using the template set out in the Annex to that Agreement.

2.  The European Court of Auditors shall have the power of audit, on the basis of documents and on the spot, over all grant beneficiaries, contractors and subcontractors who have received Union funds from the Agency.

3.  OLAF may carry out investigations, including on-the-spot checks and inspections, in accordance with the provisions and procedures laid down in Regulation (EC) No 1073/1999 and Council Regulation (Euratom, EC) No 2185/96** with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union in connection with a grant or a contract funded by the Agency.

4.  Without prejudice to paragraphs 1, 2 and 3, cooperation agreements with third countries and international organisations, contracts, grant agreements and grant decisions of the Agency shall contain provisions expressly empowering the European Court of Auditors and OLAF to conduct such audits and investigations, according to their respective competences.

5.  The Budget Committee shall adopt an anti-fraud strategy, which is proportionate to the fraud risks having regard to the cost-benefit of the measures to be implemented.

_________________

* Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF) (OJ L 136, 31.5.1999, p. 1).

** Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities (OJ L 292, 15.11.1996, p. 2). ';

(110)  Article 144 is replaced by the following:"

'Article 144

Fees

1.  In addition to the fees provided for in Articles 26(2), 36(1)(c), 41(3), 44(4), 47(1) and (3), 49(4), 56(2), 60, 81(3), 82(1), 113(1) and 147(5), fees shall be charged in the following cases:

2.  The amounts of the fees referred to in paragraph 1 shall be fixed at such level the levels set out in Annex -I so as to ensure that the revenue in respect thereof is in principle sufficient for the budget of the Agency to be balanced while avoiding the accumulation of significant surpluses. Without prejudice to Article 139(4), the Commission shall review the level of fees should a significant surplus become recurrent. If this review does not lead to a reduction or modification in the level of fees which has the effect of preventing the further accumulation of a significant surplus, the surplus accumulated after the review shall be transferred to the budget of the Union. [Am. 96]

3.  The Executive Director shall lay down the amount to be charged for any services provided by the Agency other than those referred to in paragraph 1 and for publications issued by the Agency in accordance with the criteria set out in the delegated act adopted pursuant to Article 144a(d). The amount of the charge shall not exceed what is necessary to cover the costs of the specific service rendered by the Agency.

4.  In accordance with the criteria set out in the delegated act adopted pursuant to Article 144a(d), the Executive Director may take the following measures:

Where the methods of payment referred to in point (a) may be used, the Executive Director shall establish the date on which such payments are to be considered to have been made to the Agency.';

(111)  The following Section is inserted:"

'SECTION 6

Delegation of powers

Article 144a

Delegation of powers

(112)  In Article 145, the words 'its Implementing Regulations' are is replaced by 'the delegated acts adopted pursuant to this Regulation'; the following:"

'Article 145

Application of provisions

Unless otherwise specified in this title, this Regulation and the delegated acts adopted pursuant to this Regulation shall apply to applications for international registrations under the Protocol relating to the Madrid Agreement concerning the international registration of marks, adopted at Madrid on 27 June 1989 (hereafter referred to as ‘international applications’ and ‘the Madrid Protocol’ respectively), based on an application for a European Union trade mark or on a European Union trade mark and to registrations of marks in the international register maintained by the International Bureau of the World Intellectual Property Organisation (hereafter referred to as ‘international registrations’ and ‘the International Bureau’, respectively) designating the European Union.'; [Am. 99]

(113)  In Article 147, paragraphs 4, 5 and 6 are replaced by the following:"

'4. The filing of an international application shall be subject to the payment of a fee to the Agency. Where the international registration is to be based on a European Union trade mark once it is registered, the fee shall be due on the date of registration of the European Union trade mark. The application shall be deemed not to have been filed until the required fee has been paid.

5.  The international application shall fulfil the formal conditions established in accordance with Article 161a(a).

6.  The Agency shall examine whether the international application meets the conditions laid down in Article 146 and in paragraphs 1, 3 and 5 of this Article.

7.  The Agency shall forward the international application to the International Bureau as soon as possible.'; [Am. 100]

(114)  The following Article is inserted:"

'Article 148a

Notification of the invalidity of the basic application or registration

Within During a period of five years from the date of the international registration, the Agency shall notify the International Bureau of the any facts and decisions affecting the validity of the European Union trade mark application or the European Union trade mark registration on which the international registration was based.'; [Am. 101]

(115)  In Article 149, the following sentence is added:"

'The request shall fulfil the formal conditions established in accordance with Article 161a(c).'; [Am. 102]

(116)  Article 154(4) is deleted;

(117)  The following Article is inserted:"

'Article 154a

Collective and certification marks

Where an international registration is based on a basic application or basic registration relating to a collective mark, certification mark or guarantee mark, the Agency shall comply with the procedures provided for in accordance with Article 161a(f) the international registration designating the European Union shall be dealt with as a European Union collective mark. The holder of the international registration shall submit the regulations governing use of the mark as provided for in Article 67 directly to the Agency within a period of two months from the date on which the International Bureau notifies the international registration to the Agency.'; [Am. 103]

(118)  Article 155 is deleted;

(119)  Article 156 is amended as follows:

(a)  in paragraph 2, the words 'six months' are is replaced by 'one month'; the following:"

'2. Notice of opposition shall be filed within a period of three months which shall begin one month following the date of the publication pursuant to Article 152(1). The opposition shall not be treated as duly entered until the opposition fee has been paid.'; [Am. 104]

(b)  paragraph 4 is deleted;

(120)  The following Articles are inserted:"

'Article 158a

Legal effect of registration of transfers

The recordal of a change in the ownership of the international registration on the International Register shall have the same effect as the entry of a transfer in the Register pursuant to Article 17.

Article 158b

Legal effect of registration of licenses and other rights

The recordal of a license or a restriction of the holder's right of disposal in respect of the international registration in the International Register shall have the same effect as the registration of a license, a right in rem, a levy of execution or insolvency proceedings in the Register pursuant to Articles 19, 20, 21 and 22 respectively.

Article 158c

Examination of requests for registration of transfers, licenses or restrictions of the holder's right of disposal

The Agency shall transmit requests to register a change in ownership, a license or a restriction of the holder's right of disposal, the amendment or cancellation of a license or the removal of a restriction of the holder's right of disposal which have been filed with it to the International Bureau in the cases specified in accordance with Article 161a(h).'; [Am. 105]

(121)  Article 159 is amended as follows:

(a)  in paragraph 1, point (b) is replaced by the following:"

'(b) into a designation of a Member State party to the Madrid Protocol, provided that on the date when conversion was requested it was possible to have designated that Member State directly under the Madrid Protocol. Articles 112, 113 and 114 shall apply.';

(b)  in paragraph 2, the words 'or the Madrid Agreement' are deleted; is replaced by the following:"

'2. The national trade mark application or the designation of a Member State party to the Madrid Protocol [...] resulting from the conversion of the designation of the European Union through an international registration shall enjoy, in respect of the Member State concerned, the date of the international registration pursuant to Article 3(4) of the Madrid Protocol or the date of the extension to the European Union pursuant to Article 3ter(2) of the Madrid Protocol if the latter was made subsequently to the international registration, or the date of priority of that registration and, where appropriate, the seniority of a trade mark of that State claimed under Article 153.'; [Am. 106]

(122)  In Title XIII the following Section is inserted:"

'SECTION 4

Conferral of powers

Article 161a

Delegation of powers

(123)  Article 162 is deleted;

(124)  Article 163 is deleted;

(125)  The following Article is inserted:"

'Article 163a

Exercise of the delegation

1.  The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2.  The delegation of power referred to in Articles 24a, 35a, 45a, 49a, 57a, 65a, 74a, 74k, 93a, 114a, 144a and 161a shall be conferred for an indeterminate period of time.

3.  The delegation of power referred to in paragraph 2 may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4.  As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

5.  A delegated act adopted pursuant to Articles 24a, 35a, 45a, 49a, 57a, 65a, 74a, 74k, 93a, 114a, 144a and 161a shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 four months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 two months at the initiative of the European Parliament or the Council.'; [Am. 110]

(126)  Article 164 is deleted;

(127)  The following Article is inserted:"

'Article 165a

Evaluation and review

1.  By 2019, and every five years thereafter, the Commission shall commission an evaluation on evaluate the implementation of this Regulation. [Am. 112]

2.  The evaluation shall review the legal framework for cooperation between the Agency and the central industrial property offices of the Member States and the Benelux Office for Intellectual Property, with a particular attention to the financing mechanism. The evaluation shall further assess the impact, effectiveness and efficiency of the Agency and its working practices. The evaluation shall, in particular, address the possible need to modify the mandate of the Agency, and the financial implications of any such modification.

3.  The Commission shall forward the evaluation report together with its conclusions drawn on the report to the European Parliament, the Council and the Management Board. The findings of the evaluation shall be made public.

4.  On the occasion of every second evaluation, there shall be an assessment of the results achieved by the Agency having regard to its objectives, mandate and tasks. If the Commission considers that the continuation of the Agency is no longer justified with regard to its assigned objectives, mandate and tasks, it may propose that this Regulation be repealed.'

(127a)  The following Annex is inserted:"

'Annex -I

Amount of fees

The fees to be paid to the Agency under this Regulation and under Regulation (EC) No 2868/95 shall be as follows:

[Am. 111]

Article 1a

Article 1b

Regulation (EC) No 2869/95 is repealed.

References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table set out in the Annex(16).’ [Am. 114]

Article 2

This Regulation shall enter into force on [specify date 90 days after its publication in the Official Journal of the European Union].

Article 1(9), (10)(b), (21), (22), (23), (25), (26), (27), (29), (30), (31), (34), (37), (38), (41), (44), (46), (57), (58), (59), (60), (61), (63), (64), (66), (67), (68), (69), (70), (71), (72), (73), (75), (76), (77), (78), (79), (88), (89), (93), (94), (99) insofar as it relates to Article 128(4)(n), (101), (103)(b), (105)(d), (112), (113), (114), (115), (117), (120), (123) and (124) shall apply from [specify the first day of the first month after 18 months following the date specified in the first paragraph].

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at …,

For the European Parliament For the Council

The President The President

(1) Position of the European Parliament of 25 February 2014. (2) Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ L 11, 14.1.1994, p. 1). (3) Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ L 78, 24.3.2009, p. 1). (4) Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks (OJ L 40, 11.2.1989, p. 1). (5) Directive 2008/95/EC of the European Parliament and of the Council of 22 October 2008 to approximate the laws of the Member States relating to trade marks (OJ L 299, 8.11.2008, p. 25). (6) COM(2008)0465. (7) OJ C 140, 29.5.2010, p. 22. (8) COM(2011)0287. (9) OJ L 336, 23.12.1994, p. 214. (10) Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising (OJ L 376, 27.12.2006, p. 21). (11) Regulation (EU) No 608/2013 of the European Parliament and of the Council of 12 June 2013 concerning customs enforcement of intellectual property rights and repealing Council Regulation (EC) No 1383/2003 (OJ L 181, 29.6.2013, p. 15). (12) Commission Regulation (EC) No 2869/95 of 13 December 1995 on the fees payable to the Office for Harmonization in the Internal Market (Trade Marks and Designs) (OJ L 303, 15.12.1995, p. 33). (13) Commission Regulation (EC) No 2868/95 of 13 December 1995 implementing Council Regulation (EC) No 40/94 on the Community trade mark (OJ L 303, 15.12.1995, p. 1). (14) Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1) (15) OJ C 32, 4.2.2014, p. 23. (16) The correlation table will be drawn up upon conclusion of an interinstitutional agreement on this Regulation.

European Parliament legislative resolution of 25 February 2014 on the proposal for a directive of the European Parliament and of the Council to approximate the laws of the Member States relating to trade marks (recast) (COM(2013)0162 – C7-0088/2013 – 2013/0089(COD))

P7_TA(2014)0119 A7-0032/2014

(Ordinary legislative procedure – recast)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2013)0162),

–  having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7‑0088/2013),

–  having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–  having regard to the opinion of the European Economic and Social Committee of 11 July 2013(1),

–  having regard to the Interinstitutional Agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts(2),

–  having regard to Rules 87 and 55 of its Rules of Procedure,

–  having regard to the report of the Committee on Legal Affairs and the opinions of the Committee on International Trade and the Committee on the Internal Market and Consumer Protection (A7-0032/2014),

A.  whereas, according to the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission, the proposal in question does not include any substantive amendments other than those identified as such in the proposal and whereas, as regards the codification of the unchanged provisions of the earlier acts together with those amendments, the proposal contains a straightforward codification of the existing texts, without any change in their substance;

1.  Adopts its position at first reading hereinafter set out, taking into account the recommendations of the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission;

2.  Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

3.  Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Position of the European Parliament adopted at first reading on 25 February 2014 with a view to the adoption of Directive 2014/.../EU of the European Parliament and of the Council to approximate the laws of the Member States relating to trade marks (recast)

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114(1) thereof, [Am. 1]

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national Parliaments,

Having regard to the opinion of the European Economic and Social Committee(3),

Acting in accordance with the ordinary legislative procedure(4),

Whereas:

(1)  A number of amendments are to be made to Directive 2008/95/EC of the European Parliament and of the Council(5). In the interests of clarity, that Directive should be recast.

(2)  Directive 2008/95/EC has harmonised central provisions of substantive trade mark law which at the time of adoption were considered as most directly affecting the functioning of the internal market by impeding the free movement of goods and the freedom to provide services in the Union.

(3)  Trade mark protection in the Member States coexists with protection available at Union level through Community trade marks which are intellectual property rights unitary in character and valid throughout the Union as laid down in Council Regulation (EC) No 207/2009(6). Coexistence of trade mark systems at national and Union level in fact constitutes a cornerstone of the Union’s approach to intellectual property protection.

(4)  Further to the Commission's Communication of 16 July 2008 on an Industrial Property Rights Strategy for Europe(7), the Commission carried out a comprehensive evaluation of the overall functioning of the trade mark system in Europe as a whole, covering Union and national levels and the interrelation between each other.

(5)  In its conclusions of 25 May 2010 on the future revision of the Trade Mark system in the European Union(8), the Council called on the Commission to present proposals for the revision of Regulation (EC) No 207/2009 and Directive 2008/95/EC. In doing so, the revision of the latter should include measures to make it more consistent with Regulation (EC) No 207/2009 and, which would thus reduce the areas of divergence within the trade mark system in Europe as a whole, while maintaining national trade mark protection as an attractive option for applicants. In this context, the complementary relationship between the European Union trade mark system and national trade mark systems should be ensured. [Am. 2]

(6)  The Commission concluded in its Communication ‘A Single Market for Intellectual Property Rights’ of 24 May 2011(9) that in order to meet increased demands from stakeholders for faster, higher quality, more streamlined trade mark registration systems, which are more consistent, user friendly, publicly accessible and technologically up-to-date, there is a necessity to modernise the trade mark system in the Union as a whole and adapt it to the Internet era.

(7)  Consultation and evaluation for the purpose of this Directive has revealed that in spite of the previous partial harmonisation of national laws, the European business environment remains very heterogeneous, limiting the accessibility to trade mark protection overall and thus having a detrimental effect on competitiveness and growth.

(8)  In order to serve the objective of fostering and creating a well functioning single market and to facilitate acquiring and protecting trade marks in the Union, it is therefore necessary to go beyond the limited scope of approximation achieved by Directive 2008/95/EC and extend approximation to all aspects of substantive trade mark law governing trade marks protected through registration as covered by Regulation (EC) No 207/2009.

(9)  For the purpose of making trade mark registrations throughout the Union easier to obtain and administer, it is essential to approximate not only provisions of substantive law but also procedural rules. Therefore, principal procedural rules in the Member States and in the European Union trade mark system, including those in respect of which divergences cause major problems for the functioning of the internal market, should be aligned. As regards procedures under national law it is sufficient to lay down general principles, leaving the Member States free to establish more specific rules.

(10)  It is fundamental to ensure that registered trade marks enjoy the same protection under the legal systems of all the Member States, and that the protection of trade marks at the national level is the same as the protection of European Union trade marks. In line with the extensive protection granted to European Union trade marks which have a reputation in the Union, extensive protection should also be granted at national level to all registered trade marks which have a reputation in the Member State concerned. [Am. 3. This amendment applies throughout the text]

(11)  This Directive should not deprive the Member States of the right to continue to protect trade marks acquired through use but should take them into account only in regard to their relationship with trade marks acquired by registration.

(12)  Attainment of the objectives at which this approximation of laws is aiming requires that the conditions for obtaining and continuing to hold a registered trade mark be, in general, identical in all Member States.

(13)  To this end, it is necessary to list examples of signs which may constitute a trade mark, provided that such signs are capable of distinguishing the goods or services of one undertaking from those of other undertakings. In order to fulfil the objectives of the registration system for trade marks, which are to ensure legal certainty and sound administration, it is also essential to require that the sign is be capable of being represented in the register in a manner which allows for a is clear, precise determination of the subject of protection, self-contained, easily accessible, durable and objective. A sign should therefore be permitted to be represented in any appropriate form, and thus not necessarily by graphic means, as long as the representation uses generally available technology and offers satisfactory guarantees to that effect. [Am. 4]

(14)  Furthermore, the grounds for refusal or invalidity concerning the trade mark itself, including the absence of any distinctive character, or concerning conflicts between the trade mark and earlier rights, should be listed in an exhaustive manner, even if some of these grounds are listed as an option for the Member States which should therefore be able to maintain or introduce those grounds in their legislation.

(15)  In order to ensure that the levels of protection afforded to geographical indications by other instruments of Union law are applied in a uniform and exhaustive manner in the examination of absolute and relative grounds for refusal throughout the Union, this Directive should include the same provisions in relation to geographical indications as contained in Regulation (EC) No 207/2009.

(16)  The protection afforded by the registered trade mark, the function of which is in particular to guarantee the trade mark as an indication of origin, should be absolute in the case of identity between the mark and the sign and the goods or services. The protection should apply also in the case of similarity between the mark and the sign and the goods or services. It is indispensable to give an interpretation of the concept of similarity in relation to the likelihood of confusion. The likelihood of confusion, the appreciation of which depends on numerous elements and, in particular, on the recognition of the trade mark on the market, the association which can be made with the used or registered sign, the degree of similarity between the trade mark and the sign and between the goods or services identified, should constitute the specific condition for such protection. The ways in which likelihood of confusion may be established, and in particular the onus of proof, should be a matter for national procedural rules which should not be prejudiced by this Directive.

(17)  In order to ensure legal certainty and full consistency with the principle of priority, under which an earlier registered trade mark takes precedence over later registered trade marks, it is necessary to lay down that the enforcement of rights conferred by a trade mark should be without prejudice to the rights of proprietors acquired prior to the filing or priority date of the trade mark. This is in conformity with Article 16(1) of the Agreement on trade related aspects of intellectual property rights of 15 April 1994 (hereinafter: ‘TRIPS Agreement’)(10).

(18)  It is appropriate to provide that an infringement of a trade mark can only be established if there is a finding that the infringing mark or sign is used in the course of trade for purposes of distinguishing goods or services as to their commercial origin. Uses for other purposes should be subject to the provisions of national law.

(19)  In order to ensure legal certainty and clarity, it is necessary to clarify that not only in the case of similarity but also in case of an identical sign being used for identical goods or services, protection should be granted to a trade mark only if and to the extent that the main function of the trade mark, which is to guarantee the commercial origin of the goods or services, is adversely affected. [Am. 5]

(20)  Infringement of a trade mark should also comprise the use of the sign as a trade name or similar designation as long as the use is made for the purposes of distinguishing goods or services as to their commercial origin.

(21)  In order to ensure legal certainty and full consistency with specific Union legislation, it is appropriate to provide that the proprietor of a trade mark should be entitled to prohibit a third party from using a sign in a comparative advertising where such comparative advertising is contrary to Directive 2006/114/EC of the European Parliament and of the Council(11).

(22)  With the aim of strengthening trade mark protection and combatting counterfeiting more effectively, and without prejudice to WTO rules, in particular Article V of the GATT on freedom of transit, the proprietor of a registered trade mark should be entitled to prevent third parties from bringing goods into the customs territory of the Member State without being released for free circulation there, where such goods come from third countries and bear without authorization authorisation a trade mark which is essentially identical to the trade mark registered in respect of such goods. This should be without prejudice to the smooth transit of generic medicines, in compliance with the international obligations of the European Union, in particular as reflected in the 'Declaration on the TRIPS agreement and public health' adopted by the Doha WTO Ministerial Conference on 14 November 2001. [Am. 55]

(22a)  The proprietor of a trade mark should have the right to take relevant legal actions, including inter alia the right to request national customs authorities to take action in respect of goods which allegedly infringe the proprietor's rights, such as detention and destruction in accordance with Regulation (EU) No 608/2013 of the European Parliament and of the Council(12). Customs authorities should carry out the relevant procedures laid down in Regulation (EU) No 608/2013 at the request of a rightholder and on the basis of risk analysis criteria. [Am. 7]

(22b)  Article 28 of Regulation (EU) No 608/2013 provides that a right holder is to be liable in damages towards the holder of the goods where, inter alia, the goods in question are subsequently found not to infringe an intellectual property right. [Am. 8]

(22c)  Member States should take appropriate measures with a view to ensuring the smooth transit of generic medicines. Therefore, a proprietor of a trade mark should not have the right to prevent any third party from bringing goods, in the context of commercial activity, into the customs territory of the Member State based upon similarities, perceived or actual, between the international non-proprietary name (INN) for the active ingredient in the medicines and a registered trademark. [Am. 9]

(23)  In order to more effectively prevent the entry of infringing counterfeit goods, particularly in the context of sales over the Internet, internet delivered in small consignments as defined by Regulation (EU) No 608/2013 the proprietor of a validly registered trade mark should be entitled to prohibit the importing of such goods into the Union where it is only the consignor of the counterfeit goods who acts for commercial purposes in the course of trade. In cases where such measures are taken, the individuals or entities that had ordered the goods are informed of the reason for the measures as well as of their legal rights vis-a-vis the consignor. [Am. 10]

(24)  In order to enable proprietors of registered trade marks to fight counterfeiting more effectively, they should be entitled to prohibit the affixing of an infringing trade mark to goods and certain preparatory acts prior to the affixing.

(25)  The exclusive rights conferred by a trade mark should not entitle the proprietor to prohibit the use of signs or indications which are used fairly and in accordance with honest practices in industrial and commercial matters. In order to create equal conditions for trade names and trade marks against the background that trade names are regularly granted unrestricted protection against later trade marks, such use should be considered to include the use of one’s own personal name. It should further include the use of descriptive or non-distinctive signs or indications in general. Furthermore, the proprietor should not be entitled to prevent the general fair and honest use of the mark for identifying or referring to the goods or services as those of the proprietor.

(26)  It follows from the principle of free movement of goods that the proprietor of a trade mark must not be entitled to prohibit its use by a third party in relation to goods which have been put into circulation in the Union, under the trade mark, by him or with his consent, unless the proprietor has legitimate reasons to oppose further commercialisation of the goods.

(27)  It is important, for reasons of legal certainty and without inequitably prejudicing the interests of a proprietor of an earlier trade mark, to provide that the latter may no longer request a declaration of invalidity nor may he oppose the use of a trade mark subsequent to his own of which he has knowingly tolerated the use for a substantial length of time, unless the application for the subsequent trade mark was made in bad faith.

(28)  In order to ensure legal certainty and safeguard trade mark rights legitimately acquired, it is appropriate and necessary to lay down, without affecting the principle that the later trade mark cannot be enforced against the earlier trade mark, that proprietors of earlier trade marks should not be entitled to obtain refusal or invalidation or to oppose the use of a later trade mark when the later trade mark was acquired at a time when the earlier trade mark was liable to be declared invalid or revoked, for example because it had not yet acquired distinctiveness through use, or when the earlier trade mark could not be enforced against the later trade mark because the necessary conditions were not applicable, for example when the earlier mark had not yet obtained reputation.

(29)  Trade marks fulfil their purpose of distinguishing goods or services and allowing consumers to make informed choices only when they are actually used on the market. A requirement of use is also necessary in order to reduce the total number of trade marks registered and protected in the Union and, consequently, the number of conflicts which arise between them. It is therefore essential to require that registered trade marks must actually be used in connection with the goods or services for which they are registered, or, if not used within five years of the date of registration, must be liable to be revoked. [Am. 11]

(30)  Consequently a registered trade mark should only be protected in so far as it is actually used and an earlier registered trade mark should not enable its proprietor to oppose or invalidate a later trade mark if that proprietor has not put its trade mark to genuine use. Furthermore, Member States should provide that a trade mark may not be successfully invoked in infringement proceedings if it is established as a result of a plea that the trade mark could be revoked or, when the action is brought against a later right, could have been revoked at the time when the later right was acquired.

(31)  It is appropriate to provide that, where the seniority of a national mark has been claimed for a European Union trade mark and the national mark has thereafter been surrendered or allowed to lapse, the validity of that national mark may still be challenged. The challenge should be limited to situations where the national mark could have been declared invalid or revoked at the time the mark was removed from the register.

(32)  For reasons of coherence and in order to facilitate the commercial exploitation of trade marks in the Union, the rules applicable to trade marks as objects of property should be aligned with those already in place for European Union trade marks, and should include rules on assignment and transfer, licensing, rights in rem, levy of execution and insolvency proceedings.

(33)  Collective trade marks have proven a useful instrument for promoting goods or services with specific common properties. It is therefore appropriate to subject national collective trade marks to rules similar to the rules applicable to European collective marks.

(34)  In order to improve and facilitate access to trade mark protection and to increase legal certainty and predictability, the procedure for the registration of trade marks in the Member States should be efficient and transparent and should follow rules similar to those applicable to European Union trade marks. With a view to achieving a consistent and balanced trade mark system both at national and Union level, all the central industrial property offices of the Member States should therefore limit their examination ex officio of whether a trade mark application is eligible for registration to the absence of absolute grounds for refusal only. This should however not prejudice the right of those offices to provide, upon request of applicants, searches for earlier rights on a purely informative basis and without any prejudice to or binding effect on the further registration process, including subsequent opposition proceedings. Member States should be free to decide whether to conduct an ex officio examination for refusal on relative grounds. [Am. 12]

(35)  In order to ensure legal certainty with regard to the scope of trade mark rights and to facilitate access to trade mark protection, the designation and classification of goods and services covered by a trade mark application should follow the same rules in all Member States and should be aligned on those applicable to European Union trade marks. In order to enable the competent authorities and economic operators to determine the extent of the trade mark protection sought on the basis of the application alone, the designation of goods and services should be sufficiently clear and precise. The use of general terms should be interpreted as including only goods and services clearly covered by the literal meaning of the term.

(36)  For the purpose of ensuring effective trade mark protection, Member States should make available an efficient administrative opposition procedure, allowing proprietors of earlier trade mark rights to oppose the registration of a trade mark application. Furthermore, in order to offer efficient means of revoking or declaring invalid trade marks, Member States should provide for an administrative procedure for revocation or declaration of invalidity similar to that applicable to European Union trade marks at Union level.

(37)  Member States' central industrial property offices should cooperate with each other and with the European Union Trade Marks and Designs Intellectual Property Agency (‘the Agency’) in all fields of trade mark registration and administration in order to promote convergence of practices and tools, such as the creation and updating of common or connected databases and portals for consultation and search purposes. The offices of the Member States and the Agency should further cooperate in all other areas of their activities which are relevant for the protection of trade marks in the Union.

(38)  This Directive should not exclude the application to trade marks of provisions of law of the Member States other than trade mark law, such as the provisions relating to unfair competition, civil liability or consumer protection.

(39)  All Member States are bound by the Paris Convention for the Protection of Industrial Property (Paris Convention) and the TRIPS Agreement. It is necessary that the provisions of this Directive should be entirely consistent with those of the said Convention and Agreement. The obligations of the Member States resulting from that Convention and Agreement should not be affected by this Directive. Where appropriate, the second paragraph of Article 351 of the Treaty should apply.

(40)  The obligation to transpose this Directive into national law should be confined to those provisions which represent a substantive amendment as compared with the earlier Directive. The obligation to transpose the provisions which are unchanged arises under the earlier Directive.

(41)  This Directive should be without prejudice to the obligations of the Member States relating to the time limit for transposition into national law of the Directive set out in Part B of Annex I to Directive 2008/95/EC.

(41a)  The European Data Protection Supervisor was consulted in accordance with Article 28(2) of Regulation (EC) No 45/2001 of the European Parliament and of the Council(13) and delivered an opinion on 11 July 2013(14), [Am. 13]

HAVE ADOPTED THIS DIRECTIVE:

Chapter 1

General provisions

Article 1

Scope

This Directive shall apply to every trade mark in respect of goods or services which is the subject of registration or of an application in a Member State for registration in a Member State as an individual trade mark, a collective mark or a guarantee or certification mark, or which is the subject of a registration or an application for registration in the Benelux Office for Intellectual Property or of an international registration having effect in a Member State. [Am. not concerning all languages]

Article 2

Definitions

For the purpose of this Directive, the following definitions shall apply:

(a)  ‘office’ means the central industrial property office of the Member State or the Benelux Office for Intellectual Property entrusted with the registration of trade marks;

(b)  ‘Agency’ means the European Union Trade Marks and Designs Intellectual Property Agency established in accordance with Article 2 of Regulation (EC) No 207/2009; [Am. 15. This amendment applies throughout the text]

(c)  ‘register’ means the register of trade marks kept by an office;

(ca)  ‘earlier trade marks’ means:

(i)  trade marks of the following kinds with a date of application for registration which is earlier than the date of application for registration of the trade mark, taking account, where appropriate, of the priorities claimed in respect of those trade marks:

—  European Union trade marks;

—  trade marks registered in the Member State or, in the case of Belgium, Luxembourg or the Netherlands, at the Benelux Office for Intellectual Property;

—  trade marks registered under international arrangements which have effect in the Member State;

(ii)  European Union trade marks which validly claim seniority, in accordance with Regulation (EC) No 207/2009, to a trade mark referred to in the second and third indents of point (i), even when the latter trade mark has been surrendered or allowed to lapse;

(iii)  applications for the trade marks referred to in points (i) and (ii), subject to their registration;

(iv)  trade marks which, on the date of application for registration of the trade mark, or, where appropriate, of the priority claimed in respect of the application for registration of the trade mark, are well known in a Member State, in the sense in which the words ‘well known’ are used in Article 6 bis of the Paris Convention; [Am. 16]

(cb)  ‘guarantee or certification mark’ means a trade mark which is described as such when the mark is applied for and which is capable of distinguishing goods or services which are certified by the proprietor of the mark in respect of geographical origin, material, mode of manufacture of goods or performance of services, quality, accuracy or other characteristics from those goods and services which are not; [Am. 17]

(cc)  ‘collective mark’ means a trade mark which is described as such when the mark is applied for and which is capable of distinguishing the goods or services of the members of an association which is the proprietor of the mark from the goods or services of other undertakings. [Am. 18]

Chapter 2

 The law on trade marks 

Section 1

 Signs of which a trade mark may consist 

Article 3

Signs of which a trade mark may consist

A trade mark may consist of any signs, in particular words, including personal names, designs, letters, numerals, colours as such, the shape of goods or of their packaging, or sounds, provided that generally available technology is used and such signs are capable of:

(a)  distinguishing the goods or services of one undertaking from those of other undertakings; and

(b)  being represented in the register in a manner which enables the competent authorities and the public to determine the precise subject of the protection afforded to its proprietor. [Am. 19]

Section 2

 Grounds for refusal or invalidity 

Article 4

Absolute grounds for refusal or invalidity

1.  The following shall not be registered or, if registered, shall be liable to be declared invalid:

(a)  signs which cannot constitute a trade mark;

(b)  trade marks which are devoid of any distinctive character;

(c)  trade marks which consist exclusively of signs or indications which may serve, in trade, to designate the kind, quality, quantity, intended purpose, value, geographical origin, or the time of production of the goods or of rendering of the service, or other characteristics of the goods or services;

(d)  trade marks which consist exclusively of signs or indications which have become customary in the current language or in the bona fide and established practices of the trade;

(e)  signs which consist exclusively of:

(i)  the shape which results from the nature of the goods themselves;

(ii)  the shape of goods which is necessary to obtain a technical result;

(iii)  the shape which gives substantial value to the goods;

(f)  trade marks which are contrary to public policy or to accepted principles of morality;

(g)  trade marks which are of such a nature as to deceive the public, for instance as to the nature, quality or geographical origin of the goods or service;

(h)  trade marks which have not been authorised by the competent authorities and are to be refused or invalidated pursuant to Article 6 ter of the Paris Convention for the Protection of Industrial Property, hereinafter referred to as the ‘Paris Convention’;

(i)  trade marks which are excluded from registration and shall not continue to be used pursuant to Union legislation or international agreements to which the Union is party, providing for protection of designations of origin and geographical indications;

(j)  trade marks which are excluded from registration pursuant to Union legislation or international agreements to which the Union is party, providing for protection of spirit drinks, traditional terms for wine and traditional specialities guaranteed; [Am. 20]

(ja)  trade marks which contain or consist of an earlier variety denomination registered in accordance with Council Regulation (EC) No 2100/94(15) with respect to the same type of product. [Am. 21]

2.  Paragraph 1 shall apply notwithstanding that the grounds of non-registrability obtain:

(a)  in other Member States than those where the application for registration was filed;

(b)  only where a trade mark in a foreign language is translated or transcribed in any script or official language of the Member States. [Am. 22]

3.  A trade mark shall be liable to be declared invalid where the application for registration of the trade mark was made in bad faith by the applicant. Any Member State may also provide that such a trade mark shall not be registered.

4.  Any Member State may provide that a trade mark shall not be registered or, if registered, shall be liable to be declared invalid where and to the extent that:

(a)  the use of that trade mark may be prohibited pursuant to provisions of law other than trade mark law of the Member State concerned or of the Union;

(b)  the trade mark covers a sign of high symbolic value, in particular a religious symbol;

(c)  the trade mark includes badges, emblems and escutcheons other than those covered by Article 6 ter of the Paris Convention and which are of public interest, unless the consent of the competent authority to their registration has been given in conformity with the legislation of the Member State.

5.  A trade mark shall not be refused registration or be declared invalid in accordance with paragraph 1(b), (c) or (d) if, before the date of application for registration or after the date of registration, and following the use which has been made of it, it has acquired a distinctive character. A trade mark shall not be declared invalid in accordance with paragraph 1(b), (c) or (d) if, before the date of application for invalidity, and following the use which has been made of it, it has acquired a distinctive character. [Am. 23]

6.  Any Member State may provide that paragraph 5 shall also apply where the distinctive character was acquired after the date of application for registration and before the date of registration.

Article 5

Relative grounds for refusal or invalidity

1.  A trade mark shall not be registered or, if registered, shall be liable to be declared invalid:

(a)  if it is identical with an earlier trade mark, and the goods or services for which the trade mark is applied for or is registered are identical with the goods or services for which the earlier trade mark is protected;

(b)  if because of its identity with, or similarity to, the earlier trade mark and the identity or similarity of the goods or services covered by the trade marks, there exists a likelihood of confusion on the part of the public; the likelihood of confusion includes the likelihood of association with the earlier trade mark.

2.  ‘Earlier trade marks’ within the meaning of paragraph 1 means:

(a)  trade marks of the following kinds with a date of application for registration which is earlier than the date of application for registration of the trade mark, taking account, where appropriate, of the priorities claimed in respect of those trade marks;

(i)  European trade marks;

(ii)  trade marks registered in the Member State or, in the case of Belgium, Luxembourg or the Netherlands, at the Benelux Office for Intellectual Property;

(iii)  trade marks registered under international arrangements which have effect in the Member State;

(b)  European trade marks which validly claim seniority, in accordance with Regulation (EC) No 207/2009, from a trade mark referred to in points (a)(ii) and (iii), even when the latter trade mark has been surrendered or allowed to lapse;

(c)  applications for the trade marks referred to in points (a) and (b), subject to their registration;

(d)  trade marks which, on the date of application for registration of the trade mark, or, where appropriate, of the priority claimed in respect of the application for registration of the trade mark, are well known in a Member State, in the sense in which the words ‘well known’ are used in Article 6 bis of the Paris Convention. [Am. 24]

3.  A trade mark shall not be registered or, if registered, shall be liable to be declared invalid:

(a)  if it is identical with, or similar to, an earlier trade mark irrespective of whether the goods or services for which it is applied or registered are identical with, similar to or not similar to those for which the earlier trade mark is registered, where the earlier trade mark has a reputation in a the Member State in respect of which registration is applied for or in which the trade mark is registered or, in the case of a European Union trade mark, has a reputation in the Union and the use of the later trade mark without due cause would take unfair advantage of, or be detrimental to, the distinctive character or the repute of the earlier trade mark; [Am. 25]

(b)  where an agent or representative of the proprietor of the trade mark applies for registration thereof in his own name without the proprietor’s authorisation, unless the agent or representative justifies his action;

(c)  where the trade mark is liable to be confused with an earlier mark protected outside the Union, provided that the mark was still in genuine use at the date of the application and the applicant was acting in bad faith.

(d)  if it is excluded from registration and shall not continue to be used pursuant to Union legislation providing for protection of designations of origin and geographical indications. [Am. 26]

4.  Any Member State may provide that a trade mark shall not be registered or, if registered, shall be liable to be declared invalid where, and to the extent that:

(a)  rights to a non-registered trade mark or to another sign used in the course of trade were acquired prior to the date of application for registration of the subsequent trade mark, or the date of the priority claimed for the application for registration of the subsequent trade mark, and that non-registered trade mark or other sign confers on its proprietor the right to prohibit the use of a subsequent trade mark;

(b)  the use of the trade mark may be prohibited by virtue of an earlier right other than the rights referred to in paragraph 2 and point (a) of this paragraph and in particular:

(i)  a right to a name;

(ii)  a right of personal portrayal;

(iii)  a copyright;

(iv)  an industrial property right.

5.  The Member States may shall permit that in appropriate circumstances registration need not be refused or the trade mark need not be declared invalid where the proprietor of the earlier trade mark or other earlier right consents to the registration of the later trade mark. [Am. 27]

6.  Any Member State may provide that, by derogation from paragraphs 1 to 5, the grounds for refusal of registration or invalidity in force in that State prior to the date of the entry into force of the provisions necessary to comply with Directive 89/104/EEC, shall apply to trade marks for which application has been made prior to that date.

Article 6

Establishment a posteriori of invalidity or revocation of a trade mark

Where the seniority of a national trade mark which has been surrendered or allowed to lapse is claimed for a European Union trade mark, the invalidity or revocation of the national trade mark may be established a posteriori, provided that the invalidity or revocation could also have been declared at the time the mark was surrendered or allowed to lapse. In such a case the seniority shall cease to produce its effects.

Article 7

 Grounds for refusal or invalidity relating to only some of the goods or services 

Where grounds for refusal of registration or for invalidity of a trade mark exist in respect of only some of the goods or services for which that trade mark has been applied or registered, refusal of registration or invalidity shall cover those goods or services only. 

Article 8

Lack of distinctive character or of reputation of an earlier trade mark precluding a declaration of invalidity of a registered trade mark

A registered trade mark shall not be declared invalid on the basis of an earlier trade mark in any of the following cases:

(a)  where the earlier trade mark, liable to be declared invalid pursuant to Article 4(1)(b), (c) or (d), had not acquired a distinctive character in accordance with Article 4(5) at the filing date or the priority date of the registered trade mark;

(b)  where the application for a declaration of invalidity is based on Article 5(1)(b) and the earlier trade mark had not become sufficiently distinctive to support a finding of likelihood of confusion within the meaning of Article 5(1)(b) at the filing date or the priority date of the registered trade mark;

(c)  where the application for a declaration of invalidity is based on point (a) of Article 5(3) and the earlier trade mark did not have a reputation within the meaning of point (a) of Article 5(3) at the filing date or the priority date of the registered trade mark. [Am. 28]

Article 9

Preclusion of a declaration of invalidity in consequence of acquiescence

1.  Where, in a Member State, the proprietor of an earlier trade mark as referred to in Article 5(2) and point (a) of Article 5(3) has acquiesced, for a period of five successive years, in the use of a later trade mark registered in that Member State while being aware of such use, he shall no longer be entitled on the basis of the earlier trade mark to apply for a declaration that the later trade mark is invalid in respect of the goods or services for which the later trade mark has been used, unless registration of the later trade mark was applied for in bad faith. [Am. 29]

2.  Any Member State may provide that paragraph 1 shall apply to the proprietor of any other earlier right referred to in Article 5(4)(a) or (b).

3.  In the cases referred to in paragraphs 1 and 2, the proprietor of a later registered trade mark shall not be entitled to oppose the use of the earlier right, even though that right may no longer be invoked against the later trade mark.

Section 3

Rights conferred and limitations

Article 10

Rights conferred by a trade mark

1.  The registration of a trade mark shall confer on the proprietor exclusive rights.

2.  Without prejudice to the rights of proprietors acquired before the filing date or the priority date of the registered trade mark, the proprietor of a registered trade mark shall be entitled to prevent all third parties not having his consent from using in the course of trade any sign in relation to goods or services where :

(a)  the sign is identical with the trade mark and is used in relation to goods or services which are identical with those for which the trade mark is registered and where such use affects or is liable to affect the function of the trade mark to guarantee to consumers the origin of the goods or services;

(b)  without prejudice to point (a), the sign is identical, or similar to, the trade mark and is used for goods or services which are identical with or similar to the goods or services for which the trade mark is registered, if there exists a likelihood of confusion on the part of the public; the likelihood of confusion includes the likelihood of association between the sign and the trade mark;

(c)  the sign is identical with, or similar to, the trade mark irrespective of whether it is used in relation to goods or services which are identical with, similar or not similar to those for which the trade mark is registered, where the latter has a reputation in the Member State and where use of that sign without due cause takes unfair advantage of, or is detrimental to, the distinctive character or the repute of the trade mark.

3.  The following, in particular, may be prohibited under paragraph 2:

(a)  affixing the sign to the goods or to the packaging thereof;

(b)  offering the goods, or putting them on the market or stocking them for these purposes under that sign, or offering or supplying services thereunder;

(c)  importing or exporting the goods under the sign;

(d)  using the sign as a trade or company name or part of a trade or company name;

(e)  using the sign on business papers and in advertising;

(f)  using the sign in comparative advertising in a way which is contrary to Directive 2006/114/EC.

4.  The proprietor of a registered trade mark shall also be entitled to prevent the importing into the Union of goods pursuant to paragraph 3(c) delivered in small consignments as defined by Regulation (EU) No 608/2013 where only the consignor of the goods acts for commercial purposes in the course of trade and where such goods, including packaging, bear without authorisation a trade mark which is identical to the trade mark registered in respect of such goods, or which cannot be distinguished in its essential aspects from that trade mark. In cases where such measures are taken, Member States shall ensure that the individual or entity that ordered the goods is informed of the reason for the measures as well as of their legal rights vis-à-vis the consignor.

5.  Without prejudice to WTO rules, in particular Article V of the GATT on freedom of transit, the proprietor of a registered trade mark shall also be entitled to prevent all third parties from bringing goods, in the context of commercial activity, into the customs territory of the Member State where the trade mark is registered without being released for free circulation there, where such goods, including packaging, come from third countries and bear without authorization a trade mark which is identical to the trade mark registered in respect of such goods, or which cannot be distinguished in its essential aspects from that trade mark. [Ams 30 and 56]

6.  Where, under the law of a Member State, the use of a sign under the conditions referred to in paragraph 2, point (b) or (c) could not be prohibited before the date of entry into force of the provisions necessary to comply with First Council Directive 89/104/EEC(16) in the Member State concerned, the rights conferred by the trade mark may not be relied on to prevent the continued use of the sign.

7.  Paragraphs 1, 2, 3 and 6 shall not affect provisions in any Member State relating to the protection against the use of a sign other than for the purposes of distinguishing goods or services, where use of that sign without due cause takes unfair advantage of, or is detrimental to, the distinctive character or the repute of the trade mark.

Article 11

Infringement of the rights of the proprietor by use of get-up, packaging or other means

Where it is likely that the get-up, packaging or other means to which the mark is affixed will be used in relation to goods or services and the use in relation to those goods or services would constitute an infringement of the rights of the proprietor under Article 10(2) and (3), the proprietor shall have the right to prohibit the following:

(a)  affixing in the course of trade a sign that is, as specified in Article 5(1) of this Directive, identical with or similar to the trade mark on get-up, packaging or, labels, tags, security features, authenticity devices or any other means on which the mark may be affixed; [Am. 31]

(b)  offering or placing on the market, or stocking for those purposes, or importing or exporting get-up, packaging or, labels, tags, security features, authenticity devices or any other means on which the mark is affixed. [Am. 32]

Article 12

Reproduction of trade marks in dictionaries

If the reproduction of a trade mark in a dictionary, encyclopaedia or similar reference work gives the impression that it constitutes the generic name of the goods or services for which the trade mark is registered, the publisher of the work shall, at the request of the proprietor of the trade mark, ensure that the reproduction of the trade mark at the latest in the next edition of the publication is accompanied by an indication that it is a registered trade mark.

Article 13

Prohibition of the use of a trade mark registered in the name of an agent or representative

1.  Where a trade mark is registered in the name of the agent or representative of a person who is the proprietor of that trade mark, without the proprietor's consent, the latter shall be entitled to either of the following:

(a)  to oppose the use of his mark by his agent or representative;

(b)  to demand from the agent or representative the assignment of the trade mark in his favour.

2.  Paragraph 1 shall not apply where the agent or representative justifies his action.

Article 14

Limitation of the effects of a trade mark

1.  The trade mark shall not entitle the proprietor to prohibit a third party from using, in the course of trade:

(a)  his own personal name or address;

(b)  signs or indications which are not distinctive or which concern the kind, quality, quantity, intended purpose, value, geographical origin, the time of production of goods or of rendering of the service, or other characteristics of goods or services;

(c)  the trade mark for the purpose of identifying or referring to goods or services as those of the proprietor of the trade mark, in particular where the use of the trade mark:

(i)  is necessary to indicate the intended purpose of a product or service, in particular as accessories or spare parts;

(ii)  is made in comparative advertising satisfying all conditions set forth in Directive 2006/114/EC;

(iii)  is made to bring to the attention of consumers the resale of genuine goods that have originally been sold by or with the consent of the proprietor of the trade mark;

(iv)  is made to put forward a legitimate alternative to the goods or services of the proprietor of the trade mark;

(v)  is made for the purposes of parody, artistic expression, criticism or comment.

The first subparagraph This paragraph shall only apply where the use made by the third party is in accordance with honest practices in industrial or commercial matters. [Am. 33]

2.  The use by the third party shall be considered not to be in accordance with honest practices, in particular in the following cases:

(a)  it gives the impression that there is a commercial connection between the third party and the proprietor of the trade mark;

(b)  it takes unfair advantage of or is detrimental to, the distinctive character or the repute of the trade mark without due cause. [Am. 34]

2a.  The trade mark shall not entitle the proprietor to prohibit a third party from using the trade mark for a due cause for any non-commercial use of a mark. [Am. 35]

3.  The trade mark shall not entitle the proprietor to prohibit a third party from using, in the course of trade, an earlier right which only applies in a particular locality if that right is recognised by the laws of the Member State in question and within the limits of the territory in which it is recognised.

Article 15

Exhaustion of the rights conferred by a trade mark

1.  The trade mark shall not entitle the proprietor to prohibit its use in relation to goods which have been put on the market in the Union under that trade mark by the proprietor or with his consent.

2.  Paragraph 1 shall not apply where there exist legitimate reasons for the proprietor to oppose further commercialisation of the goods, especially where the condition of the goods is changed or impaired after they have been put on the market.

Article 16

Use of trade marks

1.  If, within a period of five years following the date of registration, the proprietor has not put the trade mark to genuine use in the Member State in connection with the goods or services in respect of which it is registered, or if such use has been suspended during an uninterrupted period of five years, the trade mark shall be subject to the limits and sanctions provided for in Article 17, Article 19(1), Article 46(1), and Article 48(3) and (4), unless there are proper reasons for non-use.

2.  Where a Member State provides for opposition proceedings following registration, the five years referred to in paragraph 1 shall be calculated from the date when the mark can no longer be opposed or, in case an opposition has been lodged and not withdrawn, from the date when a decision terminating the opposition proceedings has become final.

3.  With regard to trade marks registered under international arrangements which have effect in the Member State, the five years referred to in paragraph 1 shall be calculated from the date when the mark can no longer be rejected or opposed. Where an opposition has been lodged and not withdrawn, the period shall be calculated from the date when a decision terminating the opposition proceedings has become final.

3a.  The date of commencement of the period of five years referred to in paragraphs 1, 2 and 3 shall be entered in the register. [Am. 36]

4.  The following shall also constitute use within the meaning of paragraph 1:

(a)  use of the trade mark in a form differing in elements which do not alter the distinctive character of the mark in the form in which it was registered, regardless of whether or not the trade mark in the form as used is also registered in the name of the proprietor;

(b)  affixing of the trade mark to goods or to the packaging thereof in the Member State concerned solely for export purposes.

5.  Use of the trade mark with the consent of the proprietor shall be deemed to constitute use by the proprietor.

Article 17

Non-use as defence in infringement proceedings

The proprietor of a trade mark shall be entitled to prohibit the use of a sign only to the extent that his rights are not liable to be revoked pursuant to Article 19 at the time the infringement action is brought.

Article 18

Intervening right of the proprietor of a later registered trade mark as defence in infringement proceedings

1.  In infringement proceedings, the proprietor of a trade mark shall not be entitled to prohibit the use of a later registered mark where that later trade mark shall not be declared invalid pursuant to Articles 8, 9(1) and (2) and 48(3).

2.  In infringement proceedings, the proprietor of a trade mark shall not be entitled to prohibit the use of a later registered European Union trade mark where that later trade mark shall not be declared invalid pursuant to Article 53(3) and (4), Article 54(1) and (2) or Article 57(2) of Regulation (EC) No 207/2009.

3.  Where the proprietor of a trade mark shall not be entitled to prohibit the use of a later registered mark pursuant to paragraphs 1 or 2, the proprietor of that later registered trade mark shall not be entitled to prohibit the use of the earlier trade mark in infringement proceedings, even though that right may no longer be invoked against the later trade mark.

Section 4

 revocation of trade mark rights 

Article 19

Absence of genuine use as ground for revocation

1.  A trade mark shall be liable to revocation if, within a continuous period of five years, it has not been put to genuine use in the Member State in connection with the goods or services in respect of which it is registered, and there are no proper reasons for non-use.

2.  No person may claim that the proprietor’s rights in a trade mark should be revoked where, during the interval between expiry of the five-year period and filing of the application for revocation, genuine use of the trade mark has been started or resumed.

3.  The commencement or resumption of use within a period of three months preceding the filing of the application for revocation which began at the earliest on expiry of the continuous period of five years of non-use shall be disregarded where preparations for the commencement or resumption occur only after the proprietor becomes aware that the application for revocation may be filed.

Article 20

 Development into a common name or misleading indication as grounds for revocation 

A trade mark shall be liable to revocation if, after the date on which it was registered:

(a)  in consequence of acts or inactivity of the proprietor, it has become the common name in the trade for a product or service in respect of which it is registered;

(b)  in consequence of the use made of it by the proprietor of the trade mark or with his consent in respect of the goods or services for which it is registered, it is liable to mislead the public, particularly as to the nature, quality or geographical origin of those goods or services.

Article 21

Revocation relating to only some of the goods or services

Where grounds for revocation of a trade mark exist in respect of only some of the goods or services for which that trade mark has been registered, revocation shall cover those goods or services only.

Section 5

Trade marks as objects of property

Article 22

Transfer of registered trade marks

1.  A trade mark may be transferred, separately from any transfer of the undertaking, in respect of some or all of the goods or services for which it is registered.

2.  A transfer of the whole of the undertaking shall include the transfer of the trade mark except where there is agreement to the contrary or circumstances clearly dictate otherwise. This provision shall apply to the contractual obligation to transfer the undertaking.

3.  Without prejudice to paragraph 2, an assignment of the trade mark shall be made in writing and shall require the signature of the parties to the contract, except when it is a result of a judgment; otherwise it shall be void. [Am. 37]

4.  On request of one of the parties a transfer shall be entered in the register and published, if the requesting party has provided to the office documentary evidence of the transfer. [Am. 38]

5.  As long as the application for registration of the transfer has not been entered in the register received by the office, the successor in title may not invoke the rights arising from the registration of the trade mark against third parties. [Am. 39]

6.  Where there are time limits to be observed vis-à-vis the office, the successor in title may make the corresponding statements to the office once the request for registration of the transfer has been received by the office.

Article 23

Rights in rem

1.  A trade mark may, independently of the undertaking, be given as security or be the subject of rights in rem.

2.  On request of one of the parties, the rights referred to in paragraph 1 shall be entered in the register and published.

Article 24

Levy of execution

1.  A trade mark may be levied in execution.

2.  On request of one of the parties, levy of execution shall be entered in the register and published.

Article 25

Insolvency proceedings

Where a trade mark is involved in insolvency proceedings, on request of the competent authority an entry to this effect shall be made in the register and published.

Article 26

Licensing

1.  A trade mark may be licensed for some or all of the goods or services for which it is registered and for the whole or part of the Member State concerned. A licence may be exclusive or non-exclusive.

2.  The proprietor of a trade mark may invoke the rights conferred by that trade mark against a licensee who contravenes any provision in his licensing contract with regard to:

(a)  its duration;

(b)  the form covered by the registration in which the trade mark may be used;

(c)  the scope of the goods or services for which the licence is granted;

(d)  the territory in which the trade mark may be affixed; or

(e)  the quality of the goods manufactured or of the services provided by the licensee.

3.  Without prejudice to the provisions of the licensing contract, the licensee may bring proceedings for infringement of a trade mark only if its proprietor consents thereto. However, the holder of an exclusive licence may bring such proceedings if the proprietor of the trade mark, after formal notice, does not himself bring infringement proceedings within an appropriate period.

4.  A licensee shall, for the purpose of obtaining compensation for damage suffered by him, be entitled to intervene in infringement proceedings brought by the proprietor of the trade mark.

5.  On request of one of the parties the grant or transfer of a licence in respect of a trade mark shall be entered in the register and published.

Article 27

The application for a trade mark as an object of property

Articles 22 to 26 shall apply to applications for trade marks.

Section 6

Guarantee marks, certification marks and collective marks

Article 28

Definitions

For the purposes of this section, the following shall apply:

(1)  ‘Guarantee or certification mark’ means a trade mark which is described as such when the mark is applied for and is capable of distinguishing goods or services which are certified by the proprietor of the mark in respect of geographical origin, material, mode of manufacture of goods or performance of services, quality, accuracy or other characteristics from goods and services which are not so certified;

(2)  ‘Collective mark’ means a trade mark which is described as such when the mark is applied for and is capable of distinguishing the goods or services of the members of an association which is the proprietor of the mark from the goods or services of other undertakings. [Am. 40]

Article 29

Guarantee marks and certification marks

1.  Member States may provide for the registration of guarantee or certification marks. 

2.  Member States may provide that guarantee or certification marks shall not be registered, or shall be revoked or declared invalid, on grounds other than those specified in Articles 3,19 and 20 where the function of those marks so requires.

3.  A guarantee or certification mark consisting of signs or indications which may serve, in trade, to designate the geographical origin of the goods or services shall not entitle the proprietor to prohibit a third party from using in the course of trade such signs or indications, provided he uses them in accordance with honest practices in industrial or commercial matters. In particular, such a mark may not be invoked against a third party who is entitled to use a geographical name.

Article 30

 Collective marks 

1.  Member States shall provide for the registration of collective marks.

2.  Associations of manufacturers, producers, suppliers of services, or traders which, under the terms of the law governing them, have the capacity in their own name to have rights and obligations of all kinds, to make contracts or accomplish other legal acts and to sue and be sued, as well as legal persons governed by public law, may apply for collective marks.

3.  By way of derogation from Article 4(1)(c), signs or indications which may serve, in trade, to designate the geographical origin of the goods or services may constitute collective marks.

A collective mark shall not entitle the proprietor to prohibit a third party from using in the course of trade such signs or indications, provided he uses them in accordance with honest practices in industrial or commercial matters. In particular, such a mark may not be invoked against a third party who is entitled to use a geographical name. 

Article 31

Regulations governing use of the collective mark

1.  An applicant for a collective mark shall submit the regulations governing its use to the office. [Am. 41]

2.  The regulations governing use shall specify the persons authorised to use the mark, the conditions of membership of the association and the conditions of use of the mark, including sanctions. The regulations governing use of a mark referred to in Article 30(3) shall authorise any person whose goods or services originate in the geographical area concerned to become a member of the association which is the proprietor of the mark.

Article 32

Refusal of the application

1.  In addition to the grounds for refusal of a trade mark application provided for in Articles 4 and 5, an application for a collective mark shall be refused where the provisions of Articles 28(2), 30 or 31 are not satisfied, or where the regulations governing use are contrary to public policy or to accepted principles of morality.

2.  An application for a collective mark shall also be refused if the public is liable to be misled as regards the character or the significance of the mark, in particular if it is likely to be taken to be something other than a collective mark.

3.  An application shall not be refused if the applicant, as a result of amendment of the regulations governing use, meets the requirements of paragraphs 1 and 2.

Article 33

Use of collective marks

The requirements of Article 16 shall be satisfied where genuine use of a collective mark in accordance with Article 16 is made by any person who has authority to use it.

Article 34

Amendment to the regulations governing use of the collective mark

1.  The proprietor of a collective mark shall submit to the office any amended regulations governing use.

2.  The amendment shall be mentioned in the register unless the amended regulations do not satisfy the requirements of Article 31 or involve one of the grounds for refusal referred to in Article 32.

3.  Article 42(2) shall apply to amended regulations governing use.

4.  For the purposes of this Directive, amendments to the regulations governing use shall take effect only from the date of entry of the mention of the amendment in the register.

Article 35

Persons who are entitled to bring an action for infringement

1.  Article 26(3) and (4) shall apply to every person who has authority to use a collective mark.

2.  The proprietor of a collective mark shall be entitled to claim compensation on behalf of persons who have authority to use the mark where those persons have sustained damage in consequence of unauthorised use of the mark.

Article 36

Additional grounds for revocation

In addition to the grounds for revocation provided for in Articles 19 and 20, the rights of the proprietor of a collective mark shall be revoked on application to the office or on the basis of a counterclaim in infringement proceedings on the following grounds:

(a)  the proprietor does not take reasonable steps to prevent the mark being used in a manner incompatible with the conditions of use laid down in the regulations governing use, amendments to which have, where appropriate, been mentioned in the register;

(b)  the manner in which the mark has been used by authorised persons has caused it to become liable to mislead the public in the manner referred to in Article 32(2);

(c)  an amendment to the regulations governing use of the mark has been mentioned in the register in breach of Article 34(2), unless the proprietor of the mark, by further amending the regulations governing use, complies with the requirements of that Article.

Article 37

Additional grounds for invalidity

In addition to the grounds for invalidity provided for in Articles 4 and 5, a collective mark which is registered in breach of the provisions of Article 32 shall be declared invalid unless the proprietor of the mark, by amending the regulations governing use, complies with the requirements of Article 32.

Chapter 3

Procedures

Section 1

Application and registration

Article 38

Conditions with which applications must comply

1.  An application for registration of a trade mark shall contain at least: [Am. 42]

(a)  a request for the registration,

(b)  information identifying the applicant,

(c)  a list of the goods or services in respect of which the registration is requested,

(d)  a representation of the trade mark.

2.  The application for a trade mark shall be subject to the payment of an application fee and, where appropriate, one or more class fees.

Article 39

Date of filing

1.  The date of filing of a trade mark application shall be the date on which the documents containing the information specified in Article 38 are filed with the office by the applicant.

2.  Member States may, in addition, provide that the accordance of the date of filing shall be subject to the payment of the basic application or registration fee.

Article 40

Designation and classification of goods and services

1.  The goods and services in respect of which registration is applied for shall be classified in conformity with the system of classification established by the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of 15 June 1957 (hereinafter referred to as the ‘Nice Classification’).

2.  The goods and services for which the protection is sought shall be identified by the applicant with sufficient clarity and precision to enable the competent authorities and economic operators, on that sole basis, to determine the extent of the protection sought. The list of goods and services shall allow each item to be classified in only one class of the Nice Classification.

3.  For the purposes of paragraph 2, the general indications included in the class headings of the Nice Classification or other general terms may be used, provided that they comply with the requisite standards of clarity and precision.

4.  The office shall reject the application in respect of terms which are unclear or imprecise if the applicant does not suggest an acceptable wording within a period set by the office to that effect. In the interest of clarity and legal certainty, the offices in cooperation with each other shall compile a list reflecting their respective administrative practices with regard to the classification of goods and services.

5.  The use of general terms, including the general indications of the class headings of the Nice Classification, shall be interpreted as including all the goods or services clearly covered by the literal meaning of the indication or term. The use of such terms or indications shall not be interpreted as comprising a claim to goods or services which cannot be so understood.

6.  Where the applicant requests registration for more than one class, the goods and services shall be grouped applicant shall group the goods and services according to the classes of the Nice classification, each group being preceded by the number of the class to which that group of goods or services belongs, and presented shall present them in the order of the classes. [Am. 43]

7.  The classification of goods and services shall serve exclusively administrative purposes. Goods and services shall not be regarded as being similar to each other on the ground that they appear in the same class under the Nice Classification, and goods and services shall not be regarded as being dissimilar from each other on the ground that they appear in different classes under the Nice Classification.

Article 41

Ex officio examination

The offices shall limit their examination ex officio of whether a trade mark application is eligible for registration to the absence of the absolute grounds for refusal provided for in Article 4. [Am. 44]

Article 42

Observations by third parties

1.  Prior to registration of a trade mark, any natural or legal person and any group or body representing manufacturers, producers, suppliers of services, traders or consumers may submit to the office written observations, explaining on which of the grounds listed in Article 4 the trade mark shall not be registered ex officio. They shall not be parties to the proceedings before the office.

2.  In addition to the grounds referred to in paragraph 1, any natural or legal person and any group or body representing manufacturers, producers, suppliers of services, traders or consumers may submit to the office written observations based on the particular grounds on which the application for a collective mark should be refused under Article 32(1) and (2).

2a.  Member States which have established opposition procedures based on absolute grounds provided for by Article 4 shall not be required to implement this Article. [Am. 45]

Article 43

Division of applications and registrations

The applicant or proprietor may divide a trade mark application or registration into one or more separate applications or registrations by submitting a declaration to the office.

Article 44

Fees

The registration and renewal of a trade mark shall be subject to an additional fee for each class of goods and services beyond the first class.

Section 2

Procedures for opposition, revocation and invalidity

Article 45

Opposition procedure

1.  Member States shall provide for an efficient and expeditious administrative procedure before their offices for opposing the registration of a trade mark application on the grounds provided for in Article 5.

2.  The administrative procedure referred to in paragraph 1 shall provide that at least the proprietor of an earlier right referred to in Article 4(1)(i), Article 5(2) and point (a) of Article 5(3) shall be able to file a notice of opposition. A notice of opposition may be filed on the basis of one or more earlier rights, provided that they all belong to the same proprietor, and on the basis of a part or of the totality of the goods or services in respect of which the earlier right is registered or applied for, and may be directed against a part or the totality of the goods or services in respect of which the contested mark is applied for. [Am. 46]

3.  The parties shall, at their joint request, be granted a period of time of at least a minimum of two months before within the opposition proceedings commence in order to negotiate the possibility of an amicable settlement between the opposing party and the applicant. [Am. 47]

Article 46

Non-use as defence in opposition proceedings

1.  In administrative opposition proceedings, where at the filing date or date of priority of the later trade mark, the period of five years within which the earlier trade mark must have been put to genuine use as provided for in Article 16 had expired, upon request of the applicant the proprietor of the earlier trade mark who has given notice of opposition shall furnish proof that the earlier trade mark has been put to genuine use as provided for in Article 16 during the period of five years preceding the filing date or date of priority of the later trade mark, or that proper reasons for non-use existed. In the absence of proof to this effect the opposition shall be rejected.

2.  If the earlier trade mark has been used in relation to only part of the goods or services for which it is registered, it shall, for the purpose of the examination of the opposition as provided for in paragraph 1, be deemed to be registered in respect only of that part of the goods or services.

3.  Paragraphs 1 and 2 shall apply where the earlier trade mark is a European Union trade mark. In such a case, the genuine use of the European Union trade mark shall be determined in accordance with Article 15 of Regulation (EC) No 207/2009.

Article 47

Procedure for revocation or declaration of invalidity

1.  Member States shall provide for an efficient and expeditious administrative procedure before their offices for revocation or declaration of invalidity of a trade mark. [Am. 48]

2.  The administrative procedure for revocation shall provide that the trade mark shall be revoked on the grounds provided for in Articles 19 and 20.

3.  The administrative procedure for invalidity shall provide that the trade mark shall be declared invalid at least on the following grounds:

(a)  the trade mark should not have been registered because it does not comply with the requirements provided for in Article 4;

(b)  the trade mark should not have been registered because of the existence of an earlier right within the meaning of Article 5(2) and (3).

4.  The administrative procedure shall provide that at least the following shall be able to file an application for revocation or for a declaration of invalidity:

(a)  in the case of paragraph 2 and of point (a) of paragraph 3, any natural or legal person and any group or body set up for the purpose of representing the interests of manufacturers, producers, suppliers of services, traders or consumers, which under the terms of the law governing it has the capacity to sue in its own name and to be sued;

(b)  in the case of point (b) of paragraph 3, the proprietor of an earlier right referred to in Article 5(2) and (3).

4a.  An application for revocation or for a declaration of invalidity may be directed against a part or the totality of the goods or services in respect of which the contested mark is registered. [Am. 49]

4b.  An application for a declaration of invalidity may be filed on the basis of one or more earlier rights, provided they all belong to the same proprietor. [Am. 50]

Article 48

Non-use as defence in proceedings seeking a declaration of invalidity

1.  In administrative proceedings for a declaration of invalidity based on a registered trade mark with an earlier filing date or priority date, if the proprietor of the later trade mark so requests, the proprietor of the earlier trade mark shall furnish proof that, during the period of five years preceding the date of the application for a declaration of invalidity, the earlier trade mark has been put to genuine use as provided for in Article 16 in connection with the goods or services in respect of which it is registered and which he cites as justification for his application, or that there are proper reasons for non-use, provided that the period of five years within which the earlier trade mark must have been put to genuine use has expired at the date of the application for a declaration of invalidity. [Am. 51]

2.  Where, at the filing date or date of priority of the later trade mark, the period of five years within which the earlier trade mark must have been put to genuine use as provided for in Article 16 had expired, the proprietor of the earlier trade mark shall, in addition to the proof required in paragraph 1, furnish proof that the trade mark has been put to genuine use during the period of five years preceding the filing date or date of priority, or that proper reasons for non-use existed.

3.  In the absence of the proofs referred to in paragraphs 1 and 2, the application for a declaration of invalidity on the basis of an earlier trade mark shall be rejected.

4.  If the earlier trade mark has been used in accordance with Article 16 in relation to only part of the goods or services for which it is registered, it shall, for the purpose of the examination of the application for a declaration of invalidity, be deemed to be registered in respect only of that part of the goods or services.

5.  Paragraphs 1 to 4 shall apply where the earlier trade mark is a European Union trade mark. In such a case, genuine use of the European Union trade mark shall be determined in accordance with Article 15 of Regulation (EC) No 207/2009.

Article 49

Consequences of revocation and invalidity

1.  A registered trade mark shall be deemed not to have had, as from the date of the application for revocation, the effects specified in this Directive, to the extent that the rights of the proprietor have been revoked. An earlier date, on which one of the grounds for revocation occurred, may be fixed in the decision at the request of one of the parties.

2.  A registered trade mark shall be deemed not to have had, as from the outset, the effects specified in this Directive, to the extent that the trade mark has been declared invalid.

Section 3

Duration and renewal of registration

Article 50

Duration of registration

1.  Trade marks shall be registered for a period of 10 years from the date of filing of the application.

2.  Registration may be renewed in accordance with Article 51 for further periods of 10 years.

Article 51

Renewal

1.  Registration of a trade mark shall be renewed at the request of the proprietor of the trade mark or any person authorised by him, provided that the renewal fees have been paid.

2.  The office shall inform the proprietor of the trade mark, and any person having a registered right in respect of the trade mark, of the expiry of the registration in good time before the said expiry. Failure to give such information shall not involve the responsibility of the office.

3.  The request for renewal shall be submitted and the renewal fees shall be paid within a period of six months ending on the last day of the month in which protection ends. Failing this, the request may be submitted within a further period of six months following the day referred to in the first sentence. The renewal fees and an additional fee shall be paid within that further period.

4.  Where the request is submitted or the fees paid in respect of only some of the goods or services for which the trade mark is registered, registration shall be renewed for those goods or services only.

5.  Renewal shall take effect from the day following the date on which the existing registration expires. The renewal shall be registered and published.

Section 3a

Communication with the office

Article 51a

Communication with the office

Parties to the proceedings or, where appointed, their representatives, shall designate an official address within one of the Member States for all official communication with the office. [Am. 53]

Chapter 4

Administrative cooperation

Article 52

Cooperation in the area of trade mark registration and administration

Member States shall ensure that the offices cooperate effectively with each other and with the Agency in order to promote convergence of practices and tools and achieve with a view to achieving more coherent results in the examination and registration of trade marks. [Am. 52]

Article 53

Cooperation in other areas

Member States shall ensure that the offices effectively cooperate with the Agency in all areas of their activities other than those referred to in Article 52 which are of relevance for the protection of trade marks in the Union. [Am. 54]

Chapter 5

Final provisions

Article 54

Transposition

1.  Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Articles 2 to 6, 8 to 14, 16, 17, 18, 22 to 28, and 30 to 53 by 24 months after entry into force of this Directive at the latest. They shall forthwith communicate to the Commission the text of those provisions.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. They shall also include a statement that references in existing laws, regulations and administrative provisions to the directive repealed by this Directive shall be construed as references to this Directive. Member States shall determine how such reference is to be made and how that statement is to be formulated.

2.  Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field governed by this Directive.

Article 55

Repeal

Directive 2008/95/EC is repealed with effect from [day after the date set out in the first subparagraph of Article 54(1) of this Directive], without prejudice to the obligations of the Member States relating to the time limit for the transposition into national law of the Directive set out in Part B of Annex I to Directive 2008/95/EC.

References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in the Annex.

Article 56

Entry into force

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Articles 1, 7, 15, 19, 20, 21 and 54 to 57 shall apply from [day after the date set out in the first subparagraph of Article 54(1) of this Directive].’

Article 57

Addressees

This Directive is addressed to the Member States.

Done at

For the European Parliament For the Council

The President The President

ANNEX

Correlation Table

_____________

(1) OJ C 327, 12.11.2013, p. 42. (2) OJ C 77, 28.3.2002, p. 1. (3) OJ C 327, 12.11.2013, p. 42. (4) Position of the European Parliament of 25 February 2014. (5) Directive 2008/95/EC of the European Parliament and of the Council of 22 October 2008 to approximate the laws of the Member States relating to trade marks (OJ L 299, 8.11.2008, p. 25). (6) Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ L 78, 24.3.2009, p. 1). (7) COM(2008) 465. (8) OJ C 140, 29.5.2010, p. 22. (9) COM(2011) 287. (10) OJ L 336, 23.12.1994, p. 213. (11) Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising (OJ L 376, 27.12.2006, p. 21). (12) Regulation (EU) No 608/2013 of the European Parliament and of the Council of 12 June 2013 concerning customs enforcement of intellectual property rights and repealing Council Regulation (EC) No 1383/2003 (OJ L 181, 28.6.2013, p. 15). (13) Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1). (14) OJ C 32, 4.2.2014, p. 23. (15) Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights (OJ L 227, 1.9.1994, p. 1). (16) First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks (OJ L 40, 11.2.1989, p. 1).

European Parliament legislative resolution of 25 February 2014 on the proposal for a directive of the European Parliament and of the Council on the freezing and confiscation of proceeds of crime in the European Union (COM(2012)0085 – C7-0075/2012 – 2012/0036(COD))

P7_TA(2014)0120 A7-0178/2013

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2012)0085),

–  having regard to Article 294(2) and Articles 82(2) and 83(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0075/2012),

–  having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–  having regard to the opinion of the European Economic and Social Committee of 11 July 2012(1),

–  having regard to the opinion of the Committee of the Regions of 10 October 2012(2),

–  having regard to the opinion of the European Union Agency for Fundamental Rights of 4 December 2012,

–  having regard to the undertaking given by the Council representative by letter of 3 December 2013 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

–  having regard to Rule 55 of its Rules of Procedure,

–  having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A7-0178/2013),

1.  Adopts its position at first reading hereinafter set out;

2.  Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

3.  Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Position of the European Parliament adopted at first reading on 25 February 2014 with a view to the adoption of Directive 2014/.../EU of the European Parliament and of the Council on the freezing and confiscation of instrumentalities and proceeds of crime in the European Union

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Directive 2014/42/EU.)

(1) OJ C 299, 4.10.2012, p. 128. (2) OJ C 391, 18.12.2012, p. 134.

European Parliament legislative resolution of 25 February 2014 on the proposal for a regulation of the European Parliament and of the Council on the European Union Agency for Law Enforcement Cooperation and Training (Europol) and repealing Decisions 2009/371/JHA and 2005/681/JHA (COM(2013)0173 – C7-0094/2013 – 2013/0091(COD))

P7_TA(2014)0121 A7-0096/2014

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2013)0173),

–  having regard to Article 294(2) and Article 88 and Article 87(2)(b) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0094/2013),

–  having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–  having regard to the reasoned opinions submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Belgian Chamber of Representatives, the German Bundesrat and the Spanish Parliament, asserting that the draft legislative act does not comply with the principle of subsidiarity,

–  having regard to Rule 55 of its Rules of Procedure,

–  having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinions of the Committee on Budgets, the Committee on Budgetary Control and the Committee on Constitutional Affairs (A7-0096/2014),

1.  Adopts its position at first reading hereinafter set out;

2.  Stresses that point 31 of the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management(1) shall apply for the extension of the mandate of Europol; emphasises that any decision of the legislative authority in favour of such an extension shall be without prejudice to the decisions of the budgetary authority in the context of the annual budgetary procedure;

3.  Requests the Commission, once the Regulation is agreed upon by the European Parliament and the Council, to fully take the agreement into account in order to meet the budgetary and staff requirements of Europol and its new tasks, in particular the European Cybercrime Centre, in accordance with paragraph 42 of the Joint Statement of the European Parliament, the Council of the EU, and the European Commission of 19 July 2012 on decentralised agencies;

4.  Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

5.  Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Position of the European Parliament adopted at first reading on 25 February 2014 with a view to the adoption of Regulation (EU) No .../2014 of the European Parliament and of the Council on the establishment of the European Union Agency for Law Enforcement Cooperation and Training (Europol) and repealing Decisions Council Decision 2009/371/JHA and 2005/681/JHA [Am. 1]

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 88 and Article 87(2)(b) thereof, [Am. 2]

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

After having consulted the European Data Protection Supervisor,

Acting in accordance with the ordinary legislative procedure(2),

Whereas:

(1)  Europol was set up by Council Decision 2009/371/JHA(3) as an entity of the Union funded from the general budget of the Union to support and strengthen action by competent authorities of the Member States and their mutual cooperation in preventing and combating organised crime, terrorism and other forms of serious crime affecting two or more Member States. Decision 2009/371/JHA replaced the Convention based on Article K.3 of the Treaty on European Union (TEU), on the establishment of a European Police Office (Europol Convention)(4).

(2)  Article 88 of the Treaty on the Functioning of the European Union (TFEU) provides for Europol to be governed by a regulation to be adopted in accordance with the ordinary legislative procedure. It also requires the establishment of procedures for the scrutiny of Europol’s activities by the European Parliament, together with national parliaments, in accordance with Article 12(c) TEU and Article 9 of Protocol No 1 on the role of national parliaments in the European Union, in order to enhance the democratic legitimacy and accountability of Europol to the European citizens. Therefore, it is necessary to replace the Decision 2009/371/JHA by a regulation laying down rules on parliamentary scrutiny. [Am. 3]

(3)  The European Police College (‘CEPOL’) was established by Decision 2005/681/JHA(5) to facilitate cooperation between national police forces by organising and coordinating training activities with a European policing dimension. [Am. 4]

(4)  The ‘Stockholm Programme – An open and secure Europe serving and protecting citizens’(6) calls for Europol to evolve and become a “hub for information exchange between the law enforcement authorities of the Member States, a service provider and a platform for law enforcement services.” On the basis of an assessment of Europol’s functioning, further enhancement of its operational effectiveness is needed to meet this objective. The Stockholm Programme also sets the aim of creating a genuine European law enforcement culture by setting up European training schemes and exchange programmes for all relevant law enforcement professionals at national and Union level. [Am. 5]

(5)  Large-scale criminal and terrorist networks pose a significant threat to the internal security of the Union and to the safety and livelihood of its citizens. Available threat assessments show that criminal groups are becoming increasingly poly-criminal and cross-border in their activities. National law enforcement authorities therefore need to cooperate more closely with their counterparts in other Member States. In this context, it is necessary to equip Europol to support Member States more in Union-wide crime prevention, analyses and investigations. This has also been confirmed in the evaluations evaluation of Decisions Decision 2009/371/JHA and 2005/681/JHA. [Am. 6]

(6)  Given the links between the tasks of Europol and CEPOL, integrating and rationalising the functions of the two agencies would enhance the effectiveness of operational activity, the relevance of training and the efficiency of Union police cooperation. [Am. 7]

(7)  Decisions Decision 2009/371/JHA and 2005/681/JHA should therefore be repealed and replaced by this regulation, which draws on the lessons learnt from the implementation of both Decisions that Decision. The Europol agency as established by this regulation should replace and assume the functions of Europol and CEPOL as established by the two repealed Decisions Decision. [Am. 8]

(8)  As crime often occurs across internal borders, Europol should support and strengthen Member State actions and their cooperation in preventing and combating serious crime affecting two or more Member States. As terrorism is one of the most important threats presents a threat for the security of the Union, Europol should assist Member States in facing common challenges in this regard. As the EU law enforcement agency, Europol should also support and strengthen actions and cooperation on tackling forms of crime that affect the interests of the EU. It should also offer support in preventing and combating related criminal offences which are committed in order to procure the means, to facilitate, to carry out or to ensure the impunity of acts in respect of which Europol is competent. [Am. 9]

(9)  Europol should ensure better quality, coherent and consistent training for law enforcement officers of all ranks within a clear framework in accordance with identified training needs. [Am. 10]

(10)  Europol should be able to request Member States to initiate, conduct or coordinate criminal investigations in specific cases where cross-border cooperation would add value. Europol should inform Eurojust of such requests. Europol should justify the request. [Am. 11]

(10a)  Europol should keep a record of collaboration in the operations of joint investigation teams targeting criminal activities falling within its remit. [Am. 12]

(10b)  Whenever a cooperation between Europol and Member States has been established regarding a specific investigation, clear provisions should be drawn up between Europol and those Member States involved, outlining the specific tasks to be carried out, the degree of participation with the investigative or judicial proceedings of the Member states, and the division of responsibilities and the applicable law for the purposes of judicial oversight. [Am. 13]

(11)  To increase the effectiveness of Europol as a hub for information exchange in the Union, clear obligations for Member States to provide Europol with the data necessary for it to fulfil its objectives should be laid down. While implementing such obligations, Member States should must pay particular attention to providing only data relevant for the fight against crimes considered to be strategic and operational priorities within relevant policy instruments of the Union. Member States should also provide Europol with a copy of bilateral and multilateral exchanges of information with other Member States on crime falling under Europol’s objectives and also indicate the source of this information. At the same time, Europol should increase the level of its support to Member States, so as to enhance mutual cooperation and sharing of information. Europol should must submit an annual report to all Union institutions and to national parliaments on the extent to which individual Member States provide it with information. [Am. 14]

(12)  To ensure effective cooperation between Europol and Member States, a national unit should be set up in each Member State. It should be the principal liaison between national law enforcement authorities and training institutes and Europol. The role of the national Europol units as guarantors and defenders of national interests in the Agency should be maintained under the Regulation. National units should also continue to be the contact point between Europol and the competent authorities, thereby giving them a centralised and coordinating role in respect of all Member State cooperation with and through Europol, and thus ensuring that each Member State responds in a uniform way to Europol requests. To ensure continuous, effective exchange of information between Europol and national units and to facilitate their cooperation, each national unit should second at least one liaison officer to Europol. [Am. 15]

(13)  Taking into account the decentralised structure of some Member States and the need to ensure in certain cases rapid exchanges of information, Europol should be allowed to cooperate directly with law enforcement authorities in Member States in individual investigations, while keeping Europol national units informed.

(14)  To ensure that Union-level law enforcement training is of high quality, coherent and consistent, Europol should act in line with Union law enforcement training policy. Union-level training should be available to law enforcement officers of all ranks. Europol should ensure that training is evaluated and that conclusions from training needs assessments are part of planning to reduce duplication. Europol should promote the recognition in Member States of training provided at Union level. [Am. 16]

(15)  It is also necessary to improve the governance of Europol, by seeking efficiency gains and streamlining procedures.

(16)  The Commission and the Member States should be represented on the Management Board of Europol to effectively supervise its work. To reflect the dual mandate of the new agency, operational support and training for law enforcement, the full The members of the Management Board should be appointed on the basis of their knowledge of law enforcement cooperation, whereas alternate members should be appointed on the basis of their knowledge of training for law enforcement officers. Alternate members should act as full members in the absence of the full member and in any case when training is discussed or decided. The Management Board should be advised by a scientific committee on technical training issues. [Am. 17]

(17)  The Management Board should be given the necessary powers, in particular to set the budget, verify its execution, adopt the appropriate financial rules and planning documents, adopt measures to protect the financial interests of the Union and to fight against fraud, as well as adopt rules for the prevention and management of conflicts of interests, establish transparent working procedures for decision-making by the Executive Director of Europol, and adopt the annual activity report. It should exercise the powers of appointing authority towards staff of the agency including the Executive Director. To streamline the decision making process, and to reinforce supervision of administrative and budgetary management, the Management Board should be also entitled to establish an Executive Board. [Am. 18]

(18)  To ensure the efficient day-to-day functioning of Europol, the Executive Director should be its legal representative and manager, acting in complete independence in the performance of all tasks and ensuring that Europol carries out the tasks provided for by this Regulation. In particular, the Executive Director should be responsible for preparing budgetary and planning documents submitted for the decision of the Management Board, implementing the annual and multiannual work programmes of Europol and other planning documents.

(19)  For the purposes of preventing and combating crime falling under its objectives, it is necessary for Europol to have the fullest and most up-to-date information possible. Therefore, Europol should be able to process data provided to it by Member States, third countries, international organisations and Union bodies as well as coming from publicly available sources, as long as Europol can be considered to be lawful recipient of that data, to develop an understanding of criminal phenomena and trends, to gather information about criminal networks, and to detect links between different offences. [Am. 19]

(20)  To improve Europol’s effectiveness in providing accurate crime analyses to the Member States’ law enforcement authorities, it should use new technologies to process data. Europol should be able to swiftly detect links between investigations and common modi operandi across different criminal groups, to check cross-matches of data and to have a clear overview of trends, while maintaining guaranteeing high level of protection of personal data for individuals. Therefore, Europol databases should not be pre-defined, allowing Europol to choose the most efficient IT structure. To ensure a high level of data protection, the purpose of processing operations and access rights as well as specific additional safeguards should be laid down. The principles of relevance and proportionality must be observed with regard to personal data processing. [Am. 20]

(21)  To respect ownership of data and protection of information, Member States and authorities in third countries and international organisations should be able to determine the purpose for which Europol may process the data they provide and to restrict access rights. Purpose limitation contributes to transparency, legal certainty and predictability and is especially of high importance in the area of police cooperation, where data subjects are usually unaware when their personal data are being collected and processed and where the use of personal data may have a very significant impact on the lives and freedoms of individuals. [Am. 21]

(22)  To ensure that data are accessed only by those for whom access is necessary to perform their tasks, this Regulation should lay down detailed rules on different degrees of right of access to data processed by Europol. Such rules should be without prejudice to restrictions on access imposed by data providers, as the principle of ownership of data should be respected. In order to increase efficiency of preventing and combating crime falling under Europol’s objectives, Europol should notify Member States of information which concerns them.

(23)  To enhance operational cooperation between the agencies, and particularly to establish links between data already in possession of the different agencies, Europol should enable Eurojust and the European Anti-Fraud Office (OLAF) to have access to and be able to search against data available at Europol, on the basis of specific safeguards. [Am. 22]

(24)  Europol should maintain cooperative relations with other Union bodies, and law enforcement authorities and law enforcement training institutes of third countries, international organisations, and private parties to the extent required for the accomplishment of its tasks. [Am. 23]

(25)  To ensure operational effectiveness, Europol should be able to exchange all information, with the exception of personal data, with other Union bodies, law enforcement authorities and law enforcement training institutes of third countries, and international organisations to the extent necessary for the performance of its tasks. Since companies, firms, business associations, non-governmental organisations and other private parties hold expertise and data of direct relevance to the prevention and combating of serious crime and terrorism, Europol should also be able to exchange such data with private parties. To prevent and combat cybercrime, as related to network and information security incidents, Europol should, pursuant to Directive [name of adopted Directive] of the European Parliament and of the Council concerning measures to ensure a high common level of network and information security across the Union(7), cooperate and exchange information, with the exception of personal data, with national authorities competent for the security of network and information systems. [Am. 24]

(26)  Europol should be able to exchange personal data with other Union bodies to the extent necessary for the accomplishment of its tasks. The European Data Protection Supervisor should ensure that this exchange of information concerns only persons who have committed or who are thought likely to commit offences in respect of which Europol has competence. [Am. 25]

(27)  Serious crime and terrorism often have links beyond the territory of the EU. Europol should therefore be able to exchange personal data with law enforcement authorities of third countries and with international organisations such as Interpol to the extent necessary for the accomplishment of its tasks. In exchanging personal data with third countries and international organisations, it is necessary to strike an appropriate balance between the need for effective enforcement and personal data protection. [Am. 26]

(28)  Europol should be able to transfer personal data to an authority of a third country or an international organisation on the basis of a Commission decision finding that the country or international organisation in question ensures an adequate level of data protection, or, in the absence of an adequacy decision, an international agreement concluded by the Union pursuant to Article 218 TFEU, or a cooperation agreement concluded between Europol and this third country prior to the entry into force of this Regulation. In view of Article 9 of Protocol 36 on transitional provisions attached to the Treaty, legal effects of such agreements should be preserved until those agreements are repealed, annulled or amended in the implementation of the Treaty.

(29)  Where a transfer of personal data cannot be based on an adequacy decision taken by the Commission, or, an international agreement concluded by the Union, or an existing cooperation agreement, the Management Board and the European Data Protection Supervisor should be allowed to authorise a transfer or a set of transfers , provided adequate safeguards are ensured. Where none of the above applies, the Executive Director should be allowed to authorise the transfer of data in exceptional cases on a case-by-case basis, if it is necessary to safeguard the essential interests of a Member State, to prevent an imminent danger associated with crime or terrorism, if the transfer is otherwise necessary or legally required on important public grounds, if the data subject has consented, or if vital interests of the data subject are at stake.

(30)  Europol should be able to process personal data originating from private parties and private persons only if transferred to Europol by a Europol national unit of a Member State in accordance with its national law or, by a contact point in a third country with which there is established cooperation through a cooperation agreement concluded in accordance with Article 23 of Decision 2009/371/JHA prior to the entry into force of this Regulation or an authority of a third country or an international organisation with which the Union has concluded and international agreement pursuant to Article 218 TFEU.

(31)  Any information which has clearly been obtained by a third country or international organisation in violation of human rights shall not be processed. [Am. 27]