16 Amendments of Carl SCHLYTER related to 2011/0137(COD)
Amendment 13 #
Proposal for a regulation
Recital 16
Recital 16
(16) Taking into account the provisional and preventive character of the measures adopted by the customs authorities in this field and the conflicting interests of the parties affected by the measures, some aspects of the procedures should be adapted to ensure a smooth application of the Regulation, whilst respecting the rights of the concerned parties. Thus, with respect to the various notifications envisaged by this Regulation, the customs authorities should notify the most appropriate person, on the basis of the documents concerning the customs treatment or of the situation in which the goods are placed. The periods laid down in this Regulation for the required notifications should be counted from the time those are sent by the customs authorities in order to align all periods of notifications sent to the concerned parties. The period allowing for a right to be heard before an adverse decision is taken should be three working days, given that the holders of decisions granting applications for action have voluntarily requested the customs authorities to take action and that the declarants or holders of the goods must be aware of the particular situation of their goods when placed under customs supervisionfive working days. In the case of the specific procedure for small consignments, where consumers are likely to be directly concerned and cannot be expected to have the same level of diligence as other economic operators usually involved in the accomplishment of customs formalities, that period should be significantly extended.
Amendment 14 #
Proposal for a regulation
Recital 17
Recital 17
(17) Under the ‘Declaration on the TRIPS Agreement and Public Health’ adopted by the Doha WTO Ministerial Conference on 14 November 2001, the TRIPS Agreement can and should be interpreted and implemented in a manner supportive of WTO Members' right to protect public health and, in particular, to promote access to medicines for all. In particular with regard to medicines the passage of which across this territory of the European Union, with or without transshipment, warehousing, breaking bulk, or changes in the mode or means of transport, is only a portion of a complete journey beginning and terminating beyond the territory of the Union, customs authorities should, when assessing a risk of infringement of intellectual property rights, take account of any substantial likelihood of diversion of these goods onto the market of the Union ensure that any measures taken by them are in line with the EU's international commitments and do not prevent access to medicines.
Amendment 19 #
Proposal for a regulation
Article 2 – point 1 – point e
Article 2 – point 1 – point e
Amendment 20 #
Proposal for a regulation
Article 2 – point 1 – point f
Article 2 – point 1 – point f
Amendment 21 #
Proposal for a regulation
Article 2 – point 1 – point g
Article 2 – point 1 – point g
Amendment 22 #
Proposal for a regulation
Article 2 – point 1 – point h
Article 2 – point 1 – point h
Amendment 23 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 – point i
Article 2 – paragraph 1 – point 1 – point i
Amendment 27 #
Proposal for a regulation
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
4a. The application and all information relevant to the identification of the goods by customs authorities as well as for the analysis and assessment of the risk of infringement of the intellectual property right(s) concerned, as defined in points (g), (h) and (i) of paragraph 3, shall be made publicly accessible through a website.
Amendment 28 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Where an intellectual property right ceases to have effect or where the applicant ceases for other reasons to be the person entitled to submit an application, nothe applicant shall notify the customs authorities thereof and no further action shall be taken by the customs authorities. The decision granting the application shall be revoked or amended accordingly by the customs authorities that granted the decision.
Amendment 29 #
Proposal for a regulation
Article 11 – paragraph 5 – subparagraph 2
Article 11 – paragraph 5 – subparagraph 2
Where an intellectual property right ceases to have effect or where the applicant ceases for other reasons to be the person entitled to submit an application, nothe applicant shall notify the customs authorities thereof and no further action shall be taken by the customs authorities. The decision granting the extension shall be revoked or amended accordingly by the customs authorities that granted the decision.
Amendment 30 #
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Once the central database of the Commission referred to in Article 31(3) is in place, all exchanges of data on decisions concerning applications for action, accompanying documents and notifications between the customs authorities of the Member States shall be made publicly available via that database.
Amendment 31 #
Proposal for a regulation
Article 14 – introductory wording
Article 14 – introductory wording
The holder of the decision granting the application shall notify within five working days the competent customs department that adopted that decision of any of the following:
Amendment 32 #
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
3. Before adopting the decision of suspension of release or detention of the goods, the customs authorities shall, communicate their intention to the declarant or, in cases where goods are to be detained, the holder of the goods. The declarant or the holder of the goods shall be given the opportunity to express his/her views within threfive working days ,of dispatch of that communication.
Amendment 33 #
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. Before adopting a decision to suspend the release of the goods or to detain them, the customs authorities shall communicate their intention to the declarant or, in cases where goods are to be detained, to the holder of the goods. The declarant or the holder of the goods shall be given the opportunity to express his/her views within threfive working days of dispatch of that communication.
Amendment 34 #
Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 1
Article 21 – paragraph 1 – subparagraph 1
Where the customs authorities have been notified of the initiation of proceedings to determine whether a design, patent, or utility model or plant variety right has been infringed and the period provided for in Article 20 has expired, the declarant or holder of the goods may request the customs authorities to release the goods or put an end to their detention.
Amendment 36 #
Proposal for a regulation
Article 28 a (new)
Article 28 a (new)
Article 28a Penalties on applicants Applicants who repeatedly submit applications concerning the alleged intellectual property rights violations that prove to be false in the majority of cases over a period of two years shall lose the right to submit applications for a fixed period and may face penalties.