European Parliament legislative resolution on the proposal for a Council regulation amending Regulation (EC) No 40/94 as regards the term of office of the President of the Office for Harmonisation in the Internal Market (COM(2005)0190 - C6-0208/2005 - 2005/0077(CNS))
Date: 2005-12-13
Institutions: Committee on Legal Affairs, European Parliament
Subjects: European Union Intellectual Property Office, administrative procedure, contractual liability, operation of the Institutions

C 286 E/134

Official Journal of the European Union

EN

23.11.2006

Tuesday 13 December 2005

P6_TA(2005)0483

Term of office of the President of the Office for Harmonisation in the Internal
Market *

European Parliament legislative resolution on the proposal for a Council regulation amending Regu-
lation (EC) No 40/94 as regards the term of office of the President of the Office for Harmonisation
in the Internal Market (COM(2005)0190 — C6-0208/2005 — 2005/0077(CNS))

(Consultation procedure)

The European Parliament,

— having regard to the Commission proposal to the Council (COM(2005)0190) (1),

— having regard to Article 308 of the EC Treaty, pursuant to which the Council consulted Parliament

(C6-0208/2005),

— having regard to Rule 51 of its Rules of Procedure,

— having regard to the report of the Committee on Legal Affairs (A6-0346/2005),

Approves the Commission proposal as amended;

Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;

Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

Asks the Council to consult Parliament again if it intends to amend the Commission proposal substan-

1.

2.

3.

4.
tially;

5.

Instructs its President to forward its position to the Council and Commission.

TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

Amendment 1
RECITAL 1A (new)

(1a) Provision should be made for the President
to be
appointed by the Council, after hearing the opinion of the
representative appointed by the European Parliament.

Amendment 2
RECITAL 2

Provision should be made to extend this term of office

(2)
once, after adequate evaluation.

(2)
Provision should be made to extend this term of office
once, after adequate evaluation and after hearing the opinion
of the representative appointed by the European Parliament.

Amendment 3
ARTICLE 1, PARAGRAPH −1 (new)
Article 120, paragraph 1 (Regulation (EC) No 40/94)

Article 120(1) of Regulation (EC) No 40/94 is replaced by the
following:

1.
The President of the Office shall be appointed by the
Council from a list of at most three candidates, which shall
be prepared by the Administrative Board after hearing the
opinion of the representative appointed by the European Par-
liament. Power to dismiss the President shall
lie with the
Council, acting on a proposal from the Administrative Board.

(1) Not yet published in OJ.

23.11.2006

EN

Official Journal of the European Union

C 286 E/135

TEXT PROPOSED
BY THE COMMISSION

Tuesday 13 December 2005

AMENDMENTS
BY PARLIAMENT

Amendment 4
ARTICLE 1
Article 120, paragraph 2, subparagraph 1 (Regulation (EC) No 40/94)

2.
The term of office of the President shall not exceed five
years. On a proposal from the board of management and after a
Commission evaluation and opinion, it may be extended once
for a period of not more than five years.

2.
The term of office of the President shall not exceed five
years. On a proposal from the board of management and after a
Commission evaluation and opinion, and after hearing the
opinion of the representative appointed by the European Par-
liament, it may be extended once for a period of not more than
five years.

P6_TA(2005)0484

The term of office of the President of the Community Plant Variety Office *

European Parliament legislative resolution on the proposal for a Council regulation amending Regu-
lation (EC) No 2100/94 as regards the term of office of the President of the Community Plant
Variety Office (COM(2005)0190 — C6-0207/2005 — 2005/0078(CNS))

(Consultation procedure)

The European Parliament,

— having regard to the Commission proposal to the Council (COM(2005)0190) (1),

— having regard to Article 308 of the EC Treaty, pursuant to which the Council consulted Parliament

(C6-0207/2005),

— having regard to Rule 51 of its Rules of Procedure,

— having regard to the report of the Committee on Legal Affairs (A6-0348/2005),

Approves the Commission proposal as amended;

Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;

Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

Asks the Council to consult Parliament again if it intends to amend the Commission proposal substan-

1.

2.

3.

4.
tially;

5.

Instructs its President to forward its position to the Council and Commission.

TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

Amendment 1
RECITAL 1A (new)

(1a) Provision should be made for the President of the
Office to be appointed on a proposal from the Commission,
after hearing the opinion of the representative appointed by
the European Parliament, and after obtaining the opinion of
the Administrative Council.

(1) Not yet published in OJ.