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# 51998AP0223

**Legislative resolution embodying Parliament"s opinion on the proposal for a Council Regulation amending Regulation (EC) No 3295/94 laying down measures to prohibit the release for free circulation, export, re-export or entry for a suspensive procedure of counterfeit and pirated goods (COM(98)0025 C4-0159/98 98/0018(CNS))(Consultation procedure)** 
  
*Official Journal C 210 , 06/07/1998 P. 0123*

  

A4-0223/98

Proposal for a Council Regulation amending Regulation (EC) No 3295/94 laying down measures to prohibit the release for free circulation, export, re-export or entry for a suspensive procedure of counterfeit and pirated goods (COM(98)0025 - C4-0159/98 - 98/0018(CNS))

The proposal was approved with the following amendments:

(Amendment 1)

ARTICLE 1(4)(b)

Article 3(4), 3rd subparagraph (Regulation (EC) No 3295/94)

>Original text>

Such fees shall not be disproportionate to the service provided.

>Text following EP vote>

Such fees shall not be disproportionate to the service provided

and shall be similar in all the Member States.

(Amendment 2)

ARTICLE 1(4)(ca) (new)

Article 3(6), introduction (Regulation (EC) No 3295/94)

>Original text>

>Text following EP vote>

(ca)

The introductory phrase of paragraph 6 is replaced by the following:

>Original text>

>Text following EP vote>

'6.

Member States may, and in the case of goods suspected of infringing patents on products, certificates or design rights, must require the holder of a right, where his application has been granted, or where action referred to in Article 1(1) (a) has been taken pursuant to Article 6(1), to provide a security:'

(Amendment 3)

ARTICLE 1(4)(cb) (new)

Article 3(6), 1st indent (Regulation (EC) No 3295/94)

>Original text>

>Text following EP vote>

(cb)

The following is added to paragraph 6, first indent:

>Original text>

>Text following EP vote>

'the guarantee must be sufficient to cover the loss of expected sales to the importer or consignee as well as the cost to the importer or consignee for any remanufacturing that may be required as a result of possible damage caused by the detention'

(Amendment 4)

ARTICLE 1(5)

Article 5(1) (Regulation (EC) No 3295/94)

>Original text>

1. The decision granting the application by the holder of the right shall be forwarded immediately to the customs offices of the Member State which are liable to be concerned with the goods alleged in the application to be counterfeit or pirated.

>Text following EP vote>

1.

The decision granting the application by the holder of the right shall be forwarded immediately to the customs offices of the Member States, in particular those which are liable to be concerned with the goods alleged in the application to be counterfeit or pirated.

(Amendment 5)

ARTICLE 1(5a) (new)

Article 6(1), 2nd and 3rd subparagraphs (new) (Regulation (EC) No 3295/94)

>Original text>

>Text following EP vote>

5a.

The following subparagraphs are added to Article 6(1):

>Original text>

>Text following EP vote>

'In the case of goods requiring regulated storage conditions, customs authorities can only suspend release of the goods or detain them where the following conditions are met:

>Original text>

>Text following EP vote>

(a) the importer or consignee of the goods fails to possess a valid marketing authorisation certificate granted in accordance with European Union law where this is required for sale of the products within the territory of the European Union or one or more of its Member States

>Original text>

>Text following EP vote>

and

>Original text>

>Text following EP vote>

(b) the customs authorities possess suitable storage facilities so as not to damage, interfere with or otherwise affect the nature, quality or value of the suspected goods.

>Original text>

>Text following EP vote>

The previous subparagraph shall not apply to suspected counterfeit products as defined in Article 1 (2)(a).'

(Amendment 6)

ARTICLE 1(8a) (new)

Article 11, 2nd sentence (Regulation (EC) No 3295/94)

>Original text>

>Text following EP vote>

8a.

The second sentence of Article 11 is replaced by the following:

>Original text>

>Text following EP vote>

'Such penalties must be effective and proportionate and constitute an effective deterrent.'

(Amendment 7)

ARTICLE 1(8b) (new)

Article 15, 2nd paragraph (new) (Regulation (EC) No 3295/94)

>Original text>

>Text following EP vote>

8b.

The following paragraph is added to Article 15:

>Original text>

>Text following EP vote>

'In its assessments, the Commission shall endeavour to analyse the macroeconomic and sectoral impact of counterfeit goods and shall propose indicators for monitoring such trends.'

Legislative resolution embodying Parliament¨s opinion on the proposal for a Council Regulation amending Regulation (EC) No 3295/94 laying down measures to prohibit the release for free circulation, export, re-export or entry for a suspensive procedure of counterfeit and pirated goods (COM(98)0025 - C4-0159/98 - 98/0018(CNS))(Consultation procedure)

The European Parliament,

- having regard to the Commission proposal to the Council, COM(98)0025 - 98/0018(CNS) ((OJ C 108, 7.4.1998, p. 63.)),

- having been consulted by the Council pursuant to Article 113 of the EC Treaty (C4-0159/98),

- having regard to the report of the Committee on External Economic Relations (A4-0223/98),

1. Approves the Commission proposal, subject to Parliament¨s amendments;

2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 189a(2) of the EC Treaty;

3. Calls on the Council to notify Parliament should it intend to depart from the text approved by Parliament;

4. Asks to be consulted again should the Council intend to make substantial modifications to the Commission proposal;

5. Instructs its President to forward this opinion to the Council and Commission.

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