4 Amendments of Geert BOURGEOIS related to 2023/0129(COD)
Amendment 23 #
Proposal for a Regulation
Recital 3
Recital 3
(3) The possibility of using compulsory licences as a last resort in situations of national emergency or other circumstances of extreme urgency is explicitly envisaged under the Agreement on Trade-Related Aspects of Intellectual Property Rights (‘TRIPS Agreement’)3 if an unsuccessful attempt has been made to acquire a voluntary licence at reasonable terms and conditions and within a reasonable period of time. __________________ 3 OJ L 336, 23.12.1994, p. 214
Amendment 36 #
Proposal for a Regulation
Recital 29
Recital 29
(29) A Union compulsory licence issued as a last resort in the context of a Union crisis or emergency mechanism should only be granted to supply the internal market with crisis- relevant products. Therefore, it should be prohibited to export products manufactured under a Union compulsory licence.
Amendment 38 #
Proposal for a Regulation
Recital 30
Recital 30
(30) Customs authorities should ensure, through a risk analysis approach, that products manufactured under a Union compulsory license are not exported. To identify such products, the main source of information to feed such customs risk- analysis should be the Union compulsory license itself. Information on each implementing act granting or modifying a Union compulsory license should thus be entered in the Electronic Customs Risk Management System (CRMS) referred to in Article 36 of Commission Implementing Regulation (EU) 2015/244710 . When customs authorities identify a product that is suspected not to comply with the export prohibition, they should suspend the export of that product and notify the Commission immediately. The Commission should reach a conclusion on the compliance with the export prohibition preferably within 10 working days, but should also have the possibility of requiring the customs authorities to maintain the suspension where necessary. To help its assessment the Commission mayshould consult the relevant rights-holder. Where the Commission concludes that a product does not comply with the export prohibition, customs authorities should refuse its export. __________________ 10 Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code (OJ L 343, 29.12.2015, p. 558).
Amendment 61 #
Proposal for a Regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. Where customs authorities identify a product that may fall under the prohibition laid down in Article 11, they shall suspend its export. Customs authorities shall immediately notify the Commission of the suspension and provide it with all relevant information to enable it to establish whether the product was manufactured under a Union compulsory license. To assess whether the suspended products correspond to the Union compulsory license, the Commission mayshall consult the relevant rights-holder.