Italian Chamber of Deputies

Dossier COD/2011/0093

Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL implementing enhanced cooperation in the area of the creation of unitary patent protection This document is subject to subsidiarity check. Deadline: 29 June 2011

 
Scrutiny Information

Scrutiny date: 08/06/2011

  A reasoned opinion has been sent

  Important information to exchange

No Veto

Information on parliamentary scrutiny

On 8 June 2011 the EU Policies Committee of the Italian Chamber of deputies adopted a reasoned opinion concerning the assessment of compliance with the principle of subsidiarity both of the proposal for a Regulation of the European Parliament and of the Council implementing enhanced cooperation in the area of the creation of unitary patent protection (COM(2011)215) and of the proposal for a Council Regulation implementing enhanced cooperation in the area of the creation of unitary patent protection with regard to the applicable translation arrangements (COM(2011)216).
The opinion stresses among other things that the proposals are devoid of a sound legal basis as, according to the reasoned opinion, article 118 TFEU confers on the Union exclusive competence in the area of the creation of unitary patent protection. Therefore the decision 2011/167/UE of the Council authorising enhanced cooperation and its implementation does not comply with article 20, paragraphe 1, of TEU which provides that Member States may establish enhanced cooperation between themselves within the framework of the Union’s non-exclusive competences.
Moreover these proposals clearly infringe article 326, paragraphe 2, TFUE which provides that any enhanced cooperation “shall not undermine the internal market or economic, social and territorial cohesion. It shall not constitute a barrier to or discrimination in trade between Member States, nor shall it distort competition between them”.
The opinion underlines as well that the proposals don't comply with the principle of proportionality concerning the objectives of semplification and reduction of translation costs las they lead to an excessive distortion of competition. Infact the proposals don't have a detailed motivation about the choice of the solution of three languages (English, French and German) instead of the solution of "English only" as proposed by the Italian Government.
On 18 May 2011 the Standing Sub-Committee for the Consideration of Community and EU Draft Legislation (established within the Committee on EU policies) decided to start the subsidiarity check of the proposal for a regulation implementing enhanced cooperation in the area of the creation of unitary patent protection.


Lisbon Treaty procedures
 
  Reasoned opinion

08/06/2011 | Reasoned opinion

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