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DRAFT REPORT (COM(2023)0223 – C90149/2023 – 2023/0128(COD))

On the proposal for a regulation of the European Parliament and of the Council on the supplementary protection certificate for plant protection products (recast)

JURI-PR-753705

Committee on Legal Affairs · Rapporteur: Tiemo Wölken

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This is the rapporteur's draft report on the Commission proposal for a regulation on the supplementary protection certificate for plant protection products (recast). It adopts Parliament's first reading position and proposes 16 amendments to the Commission text. The amendments add a consent requirement and applicant responsibility for accuracy in applications, and set rules on opposition decisions, examiner appointment and appeals. They also require the Register to record the status of oppositions and appeals, verify that summonsed experts have no conflict of interest, and require the Commission to evaluate the application of Chapter III and report to Parliament and the Council.

Committee position. The rapporteur proposes that Parliament adopt its first reading position with 16 amendments to the Commission proposal, covering application requirements, opposition and appeal procedures, examiner appointment, the Register, expert conflicts of interest, and evaluation.

Key points

  1. Parliament adopts its first reading position on the proposed regulation on the supplementary protection certificate for plant protection products.
  2. The Commission must refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal.
  3. Applications must include, where applicable, the consent of the third party referred to in Article 6(2).
  4. The applicant is responsible for the accuracy of the information and documentation submitted with its application.
  5. If an opposition does not comply with paragraphs 2, 3 or 4, the opposition panel rejects it as inadmissible and communicates its decision and reasoning to the opponent.
  6. Where several oppositions are filed against an examination opinion, the Office deals with them jointly and issues one single decision.
  7. The Office issues a decision on the opposition, including detailed reasoning, within 6 months unless the complexity of the case requires a longer period.
  8. If no ground for opposition prejudices the maintenance of the examination opinion, the opposition panel rejects the opposition, notifies the opponent, and the Office mentions this in the Register.
  9. A competent national authority appointed as a participating office appoints designated examiners based on relevant expertise and sufficient experience for the centralised examination procedure.
  10. Examiners must have relevant expertise and sufficient experience in the examination of patents and supplementary protection certificates, and no examiner from a competent national authority may use the exemption in Article 10(5).
  11. The Office informs the applicant of its decision without undue delay, and a Board of Appeal decision not in line with the examination opinion shall annul or alter that opinion before transmission to national authorities.
  12. Article 166(9) of Regulation (EU) 2017/1001 must be respected; the Register records the status of oppositions and appeals; experts must be free of conflict of interest; and the Commission evaluates Chapter III and reports to Parliament and the Council.

Who is affected

  • Applicants for supplementary protection certificates for plant protection products, who must ensure accuracy and provide third-party consent.
  • Opponents in opposition proceedings, who receive decisions and reasoning and may have oppositions dealt with jointly.
  • Competent national authorities and their examiners, who must meet expertise and experience requirements.
  • The Office, which must issue decisions, inform applicants, and record statuses in the Register.
  • The Commission, which must evaluate the application of Chapter III and report to Parliament and the Council.

Figures and deadlines

  • 6 months: deadline for the Office to issue a decision on an opposition, unless complexity requires longer.
  • at least 1 month: period of notice in a summons for oral evidence, unless a shorter period is agreed.
  • five years after the date of application, and every five years thereafter: evaluation of the application of Chapter III.

Legal basis: Article 294(2) and Article 114(1) of the Treaty on the Functioning of the European Union.