Activities of Marie TOUSSAINT related to 2023/0126(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council on the unitary supplementary protection certificate for plant protection products
Amendments (11)
Amendment 25 #
Proposal for a regulation
Recital 2
Recital 2
(2) The period that elapses between the filing of an application for a patent for a new plant protection product and the authorisation to place that product on the market makes the period of effective protection under the patent insufficient to cover the investment put into the research. Whereas such considerations, governing the grant of supplementary certificate protection, according to Regulation (EEC) No 1768/92, should still apply regardless of its territorial scope.
Amendment 36 #
Proposal for a regulation
Recital 30
Recital 30
(30) When appointing members of the Boards of Appeal in matters regarding applications for unitary certificates, their relevant expertise, independence and sufficient prior experience in supplementary protection certificate or patent matters should be taken into account.
Amendment 48 #
Proposal for a regulation
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2 a. The applicant shall be responsible for the accuracy of the information and documentation submitted in relation to its application.
Amendment 55 #
Proposal for a regulation
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
1 a. Once a competent national authority is appointed by the Office as a participating office, it shall appoint its designated examiners based on relevant expertise and whether they have sufficient experience for the centralised examination procedure.
Amendment 57 #
Proposal for a regulation
Article 17 – paragraph 3 – point -a (new)
Article 17 – paragraph 3 – point -a (new)
(-a) relevant expertise, independence and sufficient experience in the examination of patents and supplementary protection certificates;
Amendment 59 #
Proposal for a regulation
Article 17 – paragraph 3 – point c
Article 17 – paragraph 3 – point c
(c) no more than onethat there is no examiner employed by a competent national authority making use of the exemption set out in Article 10(5) of Regulation [COM(2023) 223].
Amendment 62 #
Proposal for a regulation
Article 18 – paragraph 1 – introductory part
Article 18 – paragraph 1 – introductory part
Amendment 83 #
Proposal for a regulation
Article 26 – paragraph 5
Article 26 – paragraph 5
5. Where an appeal results in a decision which is not in line with the examination opinion, the decision of the Boards mayshall annul or alter the opinion.
Amendment 86 #
Proposal for a regulation
Article 30 – paragraph 1 a (new)
Article 30 – paragraph 1 a (new)
The applicant shall be responsible for the accuracy of the information and documentation submitted in respect of its application.
Amendment 92 #
Proposal for a regulation
Article 40 – paragraph 3
Article 40 – paragraph 3
3. If the Office or the relevant panel considers it necessary for a party, witness or expert to give evidence orally, it shall issue a summons to the person concerned to appear before it. Where an expert is summoned, it shall be verified that that expert is free of any conflict of interest. The period of notice provided in such summons shall be at least 1 month, unless they agree to a shorter period.
Amendment 98 #
Proposal for a regulation
Article 51 – paragraph 1
Article 51 – paragraph 1
By xxxxxx [OP, please insert: five years after the date of application], and every five years thereafter, the Commission shall evaluate the implementation of this Regulation and present a report on the main findings to the European Parliament and to the Council. In its report, the Commission shall evaluate and assess whether the creation of a central authorisation procedure for plant protection products under the European Food Safety Authority is appropriate and also whether it is efficient and necessary.