Annexes to COM(2005)689 - Amendment of Regulation (EC) No 6/2002 and (EC) No 40/94 to give effect to the accession of the EC to the Geneva Act of the Hague Agreement concerning the international registration of industrial designs

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dossier COM(2005)689 - Amendment of Regulation (EC) No 6/2002 and (EC) No 40/94 to give effect to the accession of the EC to the Geneva Act of the ...
document COM(2005)689 EN
date December 18, 2006
AGREEMENT CONCERNING THE INTERNATIONAL REGISTRATION OF INDUSTRIAL DESIGNS |

1. BUDGET LINE(S) + HEADING(S)

2. OVERALL FIGURES

2.1. Total allocation for action (Part B): € million for commitment

Not applicable

2.2. Period of application:

(start and expiry years)

Start: Date of entry into force

Expiry: Indefinite

2.3. Overall multiannual estimate of expenditure:

(a) Schedule of commitment appropriations/payment appropriations (financial intervention) (see point 6.1.1)

None

(b) Technical and administrative assistance and support expenditure (see point 6.1.2)

None

(c) Overall financial impact of human resources and other administrative expenditure (see points 7.2 and 7.3)

€ million (to three decimal places)

2006 | 2007 | 2008 | 2009 | 2010 | 2011 | Total |

Commitments/ payments | 0.054 | 0.054 | 0.054 | 0.054 | 0.054 | 0.054 | 0.324 |

TOTAL a+b+c |

Commitments | 0.054 | 0.054 | 0.054 | 0.054 | 0.054 | 0.054 | 0.324 |

Payments | 0.054 | 0.054 | 0.054 | 0.054 | 0.054 | 0.054 | 0.324 |

2.4. Compatibility with financial programming and financial perspective

[X] Proposal is compatible with existing financial programming.

Proposal will entail reprogramming of the relevant heading in the financial perspective.

Proposal may require application of the provisions of the Interinstitutional Agreement.

2.5. Financial impact on revenue:

[X] Proposal has no financial implications (involves technical aspects regarding implementation of a measure)

OR

Proposal has financial impact – the effect on revenue is as follows:

Not applicable

3. BUDGET CHARACTERISTICS

Type of expenditure | New | EFTA contribution | Contributions form applicant countries | Heading in financial perspective |

Non-comp | Diff | NO | NO | NO | No 5 |

4. LEGAL BASIS

Articles 308 EC

5. DESCRIPTION AND GROUNDS

5.1. Need for Community intervention

5.1.1. Objectives pursued

The proposal contains the measures which are necessary to give effect to the accession of the European Community to the Geneva Act. The appropriate measures should mainly be incorporated in Regulation (EC) No 6/2002 through the inclusion of a new title on “International registration of designs”. The accession of the Community to the Geneva Act will create a new source of revenues for the Office for the Harmonization in the Internal Market (Trade Marks and Designs) - OHIM, and Regulation (EC) No 40/94 should therefore be amended accordingly.

5.1.2. Measures taken in connection with ex ante evaluation

The European Community already showed its great interest in the Hague System when it decided to take an active part in the international negotiations which led to the Diplomatic Conference held in Geneva in 1999, when the new act was adopted. Organizations representing the potential users of both the Community design system and the international registration system repeatedly expressed their strong interest in establishing a link between the two systems. In 2004 the Commission launched a consultation with interested parties (Member States, business and professional organisations, and private companies) on the possible impact on business of the accession of the EC to the Hague System. An overwhelming majority of the responses, bordering on unanimity, supported the idea that the Community should accede in the near future to the Geneva Act.

5.1.3. Measures taken following ex post evaluation

Not applicable

5.2. Action envisaged and budget intervention arrangements

The rules and procedures relating to international registrations designating the Community should, in principle, be the same as the rules and procedures which apply to Community designs applications. According to this principle, an international registration designating the Community should be subject to the examination as to the grounds for non-registrability before it takes the same effect as a registered Community design. Likewise, an international registration having the same effect as a registered Community design should be subject to the same rules on invalidation as a registered Community design. No financial assistance is involved.

5.3. Methods of implementation

OHIM will need to adapt its internal procedures and working methods in order to deal with the international applications at the International Bureau of WIPO in which the European Community is designated in order to obtain protection under the Community design system. The Commission will need to negotiate in the Hague Union Assembly on behalf of the Community following coordination in the relevant Council working party or at on-the-spot meetings convened in the course of the work within the framework of WIPO.

6. FINANCIAL IMPACT

6.1. Total financial impact on Part B - (over the entire programming period)

Not applicable

6.2. Calculation of costs by measure envisaged in Part B (over the entire programming period)

Not applicable

7. IMPACT ON STAFF AND ADMINISTRATIVE EXPENDITURE

7.1. Impact on human resources

Types of post | Staff to be assigned to management of the action using existing and/or additional resources | Total | Description of tasks deriving from the action |

Number of permanent posts | Number of temporary posts |

Officials or temporary staff | A B C | 0,5 A | 0 | 0,5 A | If necessary, a fuller description of the tasks may be annexed. Coordination with OHIM. Preparing for and attending meetings of Council and Parliament to negotiate the proposal through the adoption. Preparing for and participating in meetings of the Hague Union and coordinate positions with the Member States. |

Other human resources | 0 | 0 | 0 |

Total | 0,5 | 0 | 0,5 |

7.2. Overall financial impact of human resources

Type of human resources | Amount (€) | Method of calculation * |

Officials Temporary staff | 54.000 | Annual costs per official: 108.00 € |

Other human resources (specify budget line) |

Total | 54.000 |

The amounts are total expenditure for twelve months.

7.3. Other administrative expenditure deriving from the action

Not applicable

The amounts are total expenditure for twelve months.

1 Specify the type of committee and the group to which it belongs.

I. Annual total (7.2 + 7.3) II. Duration of action III. Total cost of action (I x II) | €54.000 2006-2011 €324.000 |

8. FOLLOW-UP AND EVALUATION

8.1. Follow-up arrangements

Not applicable

8.2. Arrangements and schedule for the planned evaluation

On-going evaluation will be possible through monitoring the volume of international registrations in which the Community design system is designated.

9. ANTI-FRAUD MEASURES

No financial assistance is involved.

[1] OJ L 3, 5.1.2002, p.1.

[2] The OHIM is established by Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark, OJ L 11, 14.1.1994, p. 1.

[3] See COM (2005)

[4] A similar structure was followed at the amendment of the Community trademark Regulation in order to give effect to the accession of the European Community to the Madrid Protocol (Council Regulation (EC) No 1992/2003 of 2[5].8BLO[_fg…†‡ˆ‰‘ • – µ ¶ Ì Í Ü u7 October 2003 amending Regulation (EC) No 40/94, OJ L 296, 14.11.2003, p.1).

[6] Commission Regulation (EC) No 2245/2002 of 21 October 2002 implementing Council Regulation (EC) No 6/2002 on Community designs, OJ L 341, 17.12.2002, p. 28.

[7] Commission Regulation (EC) No 2246/2002 of 16 December 2002 on the fees payable to the Office for Harmonization in the Internal Market (Trade Marks and Designs) in respect of the registration of Community designs, OJ L 341, 17.12.2002, p. 54.

[8] Commission Regulation (EC) No 216/96 of 5 February 1996 laying down the rules of procedure of the Boards of Appeal of the Office for Harmonization in the Internal Market (Trade Marks and Designs), OJ L 28, 6.2.1996, p. 11.

[9] Belgium, Estonia, France, Germany, Greece, Hungary, Italy, Latvia, Luxembourg, Netherlands, Slovenia, Spain. Five EU Member States – out of 18 countries in total - have become party to the Geneva Act (Estonia, Hungary, Latvia, Slovenia and Spain). Updates will be published on the WIPO website: www.wipo.int.

9 OJ C , , p. .

10 OJ C , , p. .

11 OJ C , , p. .

12 OJ L 3, 5.1.2002, p. 1. Regulation as amended by 2003 Act of Accession.

13 OJ L , , p. .

[10] OJ L 11, 14.1.1994, p. 1. Regulation as last amended by Regulation (EC) 422/2004 (OJ L 70, 9.3.2004, p. 1).

[11] OJ L , , p. .