European Parliament legislative resolution of 12 December 2007 on the proposal for a directive of the European Parliament and of the Council amending Directive 98/71/EC on the legal protection of designs (COM(2004)0582 - C6-0119/2004 - 2004/0203(COD))
Date: 2007-12-12
Institutions: Committee on Legal Affairs, European Parliament
Subjects: competition law, designs and models, industrial property, liberalisation of the market, motor vehicle industry, resolution, spare part

C 323 E/276

Official Journal of the European Union

EN

18.12.2008

Wednesday 12 December 2007

Article 3, point (j), point (i), fourth indent

As regards the definition of complex motor-powered aircraft the Commission will assess the economic
impact on markets of the inclusion of aeroplanes equipped with turbojet engines or more than one turbo-
prop engine in such a definition and will request the European Aviation Safety Agency to monitor their
safety performance.

Annex II, point (e) (ultra light aircraft)

The Commission will request the European Aviation Safety Agency to conduct formal consultations of all
stakeholders and to submit a reasoned opinion for a change to Annex II point (e), aimed at including in it
ultra light aircraft of less than 600 kg, if necessary.

P6_TA(2007)0608

Nutrition and health claims made on foods ***I

European Parliament legislative resolution of 12 December 2007 on the proposal for a regulation of
the European Parliament and of the Council amending Regulation (EC) No 1924/2006 on nutrition
and health claims made on foods (COM(2007)0368 — C6-0200/2007 — 2007/0128(COD))

(Codecision preocedure: first reading)

The European Parliament,

— having regard to the Commission proposal

to the European Parliament

and the Council

(COM(2007)0368),

— having regard to Articles 251(2) and 95 of the EC Treaty, pursuant to which the Commission submitted

the proposal to Parliament (C6-0200/2007),

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

— having regard to the report of the Committee on the Environment, Public Health and Food Safety

(A6-0464/2007),

1.

Approves the Commission proposal;

Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal

2.
substantially or replace it with another text;

3.

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

P6_TA(2007)0609

Legal protection of designs ***I

European Parliament legislative resolution of 12 December 2007 on the proposal for a directive of
the European Parliament and of the Council amending Directive 98/71/EC on the legal protection of
designs (COM(2004)0582 — C6-0119/2004 — 2004/0203(COD))

(Codecision procedure: first reading)

The European Parliament,

— having regard to the Commission proposal

to the European Parliament

and the Council

(COM(2004)0582),

— having regard to Article 251(2) and Article 95 of the EC Treaty, pursuant to which the Commission

submitted the proposal to Parliament (C6-0119/2004),

18.12.2008

EN

Official Journal of the European Union

C 323 E/277

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

— having regard to the report of the Committee on Legal Affairs and the opinions of the Committee on
Economic and Monetary Affairs and the Committee on the Internal Market and Consumer Protection
(A6-0453/2007),

Wednesday 12 December 2007

1.

Approves the Commission proposal as amended;

Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal

2.
substantially or replace it with another text;

3.

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

P6_TC1-COD(2004)0203

Position of the European Parliament adopted at first reading on 12 December 2007 with a view to
the adoption of Directive 2008/…/EC of the European Parliament and of the Council amending
Directive 98/71/EC on the legal protection of designs

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,

Having regard to the proposal from the Commission ║,

Having regard to the opinion of the European Economic and Social Committee (1),

Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),

Whereas:

(1) ║ The sole purpose of design protection is to grant exclusive rights to the appearance of a product, but
not a monopoly over the product as such. Protecting designs for which there is no practical alternative
would lead in fact to a product monopoly. Such protection would come close to an abuse of the design
regime. If third parties are allowed to produce and distribute spare parts, competition is maintained. If
design protection is extended to spare parts, such 3rd parties infringe those rights, competition is
eliminated and the holder of the design right is de facto given a product monopoly.

(2) ║ The differences in the laws of the Member States on the use of protected designs for the purpose of
permitting the repair of a complex product so as to restore its original appearance, where the product
incorporating the design or to which the design is applied constitutes a component part of a complex
product upon whose appearance the protected design is dependent, directly affect the establishment and
functioning of the internal market as regards goods embodying designs. Such differences can distort
competition within the internal market.

(3) ║ It is therefore necessary, for the smooth functioning of the internal market, to approximate the
design protection laws of the Member States as concerns the use of protected designs for the purpose
of repair of a complex product so as to restore its original appearance.

(4) ║ To complement the provisions of Commission Regulation (EC) No 1400/2002 of 31 July 2002 on the
application of Article 81(3) of the Treaty to categories of vertical agreements and concerted practices in the motor
vehicle sector (3) concerning the ability of a manufacturer to place its trade mark or logo on components
or spare parts visibly and in an effective manner, it must be ensured that consumers are duly informed
about the origin of spare parts, by means such as information about trade marks or logos placed on
the parts concerned.

(1) OJ C 286, 17.11.2005, p. 8.
(2) Position of the European Parliament of 12 December 2007.
(3) OJ L 203, 1.8.2002, p. 30. Regulation as amended by the 2003 Act of Accession.