Source: EURLEX
Language: en
Format: md

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**•A-** *****

**COMMISSION OF THE EUROPEAN COMMUNITIES**

**Brusseis,02.05** **1996**

COM(%) 185fuial

94/0285(COD)

**OPINION OF THE COMMISSION**

**pursuant to Article** **189** **b (2) (d) of the EC Treaty,**

**oil the European Parliament's amendments**
**to the Council's common position regarding the**

**proposal for a**
**EUROPEAN PARLIAMENT AND COUNCIL REGULATION (EC)**

**concerning the creation of a supplementary protection**
**certificate for plant protection products**

**AMENDING IHE PROPOSAL OF** **IHE** **COMMISSION**

**pursuant to Article** **189** **a (2) of the EC Treaty**

**1.** **BACKGROUND**

a) On 12 December 1994, the Commission sent to the Council a proposal for a
regulation concerning the creation of a supplementary protection certificate for
plant protection products (COM (94) 579 final) [1] .

b) On 27 April 1995, the Economic and Social Committee delivered its opinion [2] .

c) On 15 June 1995, the Parliament adopted in first reading a favourable
resolution containing 4 amendments to the proposal of the Commission [3] .

d) On 6 October 1995, the Commission adopted, pursuant to Article 189A (2) of
the EC Treaty, an amended proposal which fully incorporated these 4
amendments (COM (95) 456 final) [4] .

e) On 27 November 1995, the Council adopted a common position [5] .

f) On 7 December 1995, the Commission accepted this common position and
communicated its opinion to the European Parliament (SEC(95) 1841 final).

g) On 12 March 1996, the European Parliament voted in second reading for one
amendment to the common position.

**2.** **THE REGULATION'S OBJECTIVE**

The proposal has as its objective the harmonisation and the prolongation of the
duration of protection for patents for inventions in the plant protection products
sector (insecticides, fungicides, herbicides and growth regulators) in the Union.
Equally, it also strives for the objective of the industrial policy which favours
research in the plant protection product sector. These objectives are achieved by the
creation of a new form of industrial property, the supplementary protection
certificate This will take effect upon the expiration of the basic patent and can last
up to a maximum of 5 years It will operate so as to provide a supplementary
protection to that which is obtained by a patent

**3.** **OPINION OF THE COMMISSION TOWARDS THE AMENDMENT OF**

**THEEP**

The European Parliament adopted, during its second reading, a single amendment to
the Council's common position. This amendment seeks to change into a "recital" a
declaration that the Council and the Commission wanted to include in an annex to

1 JOn°C 390 oH 1.12.1994, p.21.

2 JO n° C 155 of 21.06.1995. p. 14.

3 JO n° C 166 of 03.07.1995. p.89.

4 JO n° C 335 of 13.12.1995. p. 15

5 JO n° C 353 of 30.12.1995, p;36.

###### **y***

**the minutes of** **the** **meeting of** **the** **Council which will adopt the legislation in its final**

**form.**

**The objective of the European Parliament (which is shared by the Council and the**
**Commission) is to ensure a uniform application and interpretation of the two**
**regulations which create supplementary protection certificates, namely the present**
**regulation establishing a supplementary protection certificate for plant protection**
**products and the Council's regulation N° 1768/92 of** **18** **June** **1995** **concerning the**
**creation of a supplementary protection certificates for medicines.**

**There are two advantages obtained by changing the declaration in the minutes of the**
**Council to a "recital":**

**1)** **greater transparency since the declaration will be made public in this**

**manner;**

**2)** **greater legal security and, if the case arises, the possibility of intervention**
**by the Court of** **justice**

**However, the formulation of** **the** **amendment as adopted by the European Parliament**
**could give the impression that it seeks to** **modify** **certain clauses of a regulation -**
**regulation N°** **1768/92** **of the Council - for which a proposal for** **modification** **has not**
**been presented by the Commission.**

**Consequently, in order to meet the chosen objectives of the three institutions,**
**together with ensuring** **that** **there is adequate legal coherence between the two**
**regulations, the Commission accepts the spirit and the aim of the amendment**
**adopted by the European Parliament but proposes a slightly different formulation.**

## **£**

**Amended Proposal for a**

##### `REGULATION OF THE EUROPEAN PARLIAMENT AND COUNCIL`

**concerning the creation of** **a** **supplementary protection**
**certificate for plant protection products**

**(presented by the Commission pursuant to Article** **189** **A, paragraph 2 of the EC Treaty)**

### **_3_**

**common position** **of** **the Council-** **- Modified Text**

**Preamble** **16A** **(new)**

**(16A)** **whereas the present** **regulation,** **in**
**particular recitals 12.** **13** **and 14 and**
**Articles 3(2). 4.** **8(l)(c)** **and 17(2). and the**
**regulation of the Council N° 1768/92 of**
**18** **June 1992 concerning the creation of**
**supplementary protection certificates for**
**medicinal** **products,** **in particular recital 9**
**and Articles 3. 4.** **8(1** **)(c) and** **17.** **must be**
**interpreted and applied in a uniform way;**

###### **ISSN 0254-1475**

### **COM(96) 185 final**

# **DOCUMENTS**

### **EN 05**

#### **Catalogue number : CB-CO-96-194-EN-C** **ISBN 92-78-03142-9**

**Office for Official Publications of the European Communities**

**L-2985** **Luxembourg**