Activities of Helmut SCHOLZ related to 2023/0129(COD)
Opinions (1)
OPINION on the Proposal for a Regulation of the European Parliament and of the Council on Compulsory licensing for crisis management and amending Regulation (EC) 816/2006
Amendments (11)
Amendment 29 #
Proposal for a Regulation
Recital 28
Recital 28
(28) It is imperative that pProducts manufactured under a Union compulsory licence reach only the internal market. The Union compulsory licence should therefore impose clear conditions upon the licensee as regards the activities authorised under the licence, including the territorial reach of those activities. The rights-holder should be able to challenge actions and uses of the rights concerned by tshould be predominantly used for the supply of the internal market, notwithstanding the flexibilities included in the TRIPS Agreement. The Union compulsory licencse that do not comply with the conditions of the licence, as infringement of its intellectual property rights in accordance with Directive 2004/48/EC of the European Parliament and of the Council9 . In order to facilitate monitoring of the distribution of products manufactured under a Union compulsory licence, including controls by customs authorities, the licensee sshould therefore define criteria for the licensee as well as the right-hould ensure that such products have special characteristics that make them easily identifiable and distinguishable from the products marketed by the rights-holder. __________________ 9 Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights (OJ L 157 30.4.2004, p. 45)ers as regards the activities authorised under the licence which do not exceed those agreed under TRIPs.
Amendment 54 #
Proposal for a Regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
The export of products manufactured under a Union compulsory licence is prohibitedshall be predominantly used for the supply of the internal market. This is without prejudice to products produced for export under a compulsory license, provided for by flexibilities in the TRIPS Agreement.
Amendment 57 #
Proposal for a Regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Customs authorities shall rely on the Union compulsory license and modifications thereof to identify products that may fall under the prohibitionrequirements laid down in Article 11. For that purpose, risk information as regards each Union compulsory licence and any modification thereof shall be entered in the relevant customs risk management system. Customs authorities shall take such risk information into consideration when they carry out controls on products placed under the customs procedure ‘export’ in accordance with Articles 46 and 47 of Regulation (EU) No 952/2013.
Amendment 58 #
Proposal for a Regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. Where customs authorities identify a product that may fall under the prohibitionrequirements laid down in Aarticle 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, t. The Commission may consult the relevant rights-stakeholders.
Amendment 62 #
Proposal for a Regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
Amendment 66 #
Proposal for a Regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
5. Where the Commission concludes that a product manufactured under a Union compulsory licence does not comply with the prohibitionrequirements laid down in Article 11, customs authorities shall not authorise its release for export. T the Commission shall inform the concerned rights-holder of such non-compliance. and:
Amendment 67 #
Proposal for a Regulation
Article 12 – paragraph 5 – point a (new)
Article 12 – paragraph 5 – point a (new)
(a) where appropriate, the Commission may request the exporter to take specific actions at their own costs, including supplying them to designated Member States, if need be, after rendering them compliant with Union law.
Amendment 68 #
Proposal for a Regulation
Article 12 – paragraph 5 – point b (new)
Article 12 – paragraph 5 – point b (new)
(b) in all other cases, the Commission may take any necessary measure to ensure that the product concerned is disposed of in accordance with national law consistent with Union law.
Amendment 69 #
Proposal for a Regulation
Article 12 – paragraph 6
Article 12 – paragraph 6
Amendment 105 #
Proposal for a Regulation
Article 23 – paragraph 1 – point a
Article 23 – paragraph 1 – point a
Regulation (EC) No 816/2006
Article 18a – paragraph 2
Article 18a – paragraph 2
2. Any person may submit an application for a compulsory licence under paragraph 1. The application shall fulfil the requirements laid down in Article 6 (3) and shall specify the Member States to be covered by the compulsory licence.
Amendment 109 #
Proposal for a Regulation
Article 23 – paragraph 1 – point a
Article 23 – paragraph 1 – point a
Regulation (EC) No 816/2006
Article 18a – paragraph 3
Article 18a – paragraph 3
3. The compulsory licence granted in accordance with paragraph 1 shall be subject to the conditions set out in Article 10 and shall specify that it is applicable to the whole territory of the Unionthe TRIPs Agreement of the WTO and not impose any additional requirements.