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C 41/56 Official Journal of the European Communities EN 7.2.

2001

Thursday 4 May 2000

Passenger rights

22. Finds it unacceptable that the Council is holding up a vital revision of the regulation on denied
boarding compensation because of a bilateral dispute between Spain and the United Kingdom over the
status of Gibraltar and therefore calls on the Council to settle this issue immediately;

23. Considers that the overbooking, ticketing and seat allocation arrangements of airlines does not
always work to the benefit of travellers and is in need of review;

24. Believes that passengers should be fully informed in advance about details of the services, in par-
ticular the name of the operating carrier, given the proliferation of alliances and code-sharing agreements;
considers that data on delays, cancellations and denied boarding rates should also be made available to
passengers, who should be informed about their rights in such cases;

Environment

25. Calls on the Commission to propose measures to restrict as far as possible the adverse effects of the
growth in aviation; calls on the Commission to support all measures which may be taken by the airlines
and the aviation industry to achieve a further reduction in emissions (a further reduction in kerosene
consumption and development and use of hushkits); calls on the Commission, together with the Member
States, to introduce or reintroduce economic incentives to push through the use of the latest technology
which causes least pollution of the environment;

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26. Instructs its President to forward this resolution to the Council, the Commission and the govern-
ments of the Member States.

9. Counterfeiting and Piracy in the Single Market

A5-0096/2000

European Parliament resolution on the Commission Green Paper ‘Combating Counterfeiting and
Piracy in the Single Market’ (COM(1998) 569 + C5-0245/1999 + 1999/2179(COS))

The European Parliament,

- having regard to the Commission Green Paper COM(1998) 569 - C5-0245/1999,

- having regard to the Commission communication of 24 November 1999 on the strategy for the single
European market COM(1999) 624,

- having regard to the action plan to combat organised crime adopted by the Council on 28 April
1997 (1),

- having regard to Council Regulation (EC) No 3295/94 of 22 December 1994 laying down measures
to prohibit the release for free circulation, export, re-export or entry for a suspensive procedure of
counterfeit and pirated foods (2),

- having regard to the conclusions drawn at the meeting of the Foreign Ministers of the G8 on 9 May
1998 concerning offences associated with intellectual property,

- having regard to Articles 41 et seq. of the TRIPS Agreement (3),

(1) OJ C 251, 15.8.1997, p. 1.


(2) OJ L 341, 30.12.1994, p. 8.
(3) OJ L 336, 23.12.1994, p. 214.
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- having regard to the opinion of the Economic and Social Committee ( ), 1

- having regard to Rule 47(1) of its Rules of Procedure,

- having regard to the report of the Committee on Legal Affairs and the Internal Market and the opi-
nions of the Committee on Economic and Monetary Affairs, the Committee on the Environment,
Public Health and Consumer Policy,and the Committee on Industry, External Trade, Research and
Energy (A5-0096/2000),

A. whereas the Green Paper seeks to gauge the economic impact of counterfeiting and piracy in the
single market, to evaluate the effectiveness of legislation designed to combat this phenomenon and
to assess the need for fresh initiatives at Community level,

B. whereas the cost of the phenomenon of counterfeiting and piracy in social, economic, innovation and
health terms is high and has disastrous effects on creativity and innovation and whereas these activ-
ities often form part of a wider framework of organised crime,

C. whereas, as correctly stated in the Green Paper, the situations covered by the terms ‘counterfeiting’ and
’piracy’ often vary greatly, not only from one Member State to another but also within one and the
same country, depending on which operators are involved,

D. whereas the definition of counterfeiting and piracy given in the Green Paper, without prejudice to the
substance that these concepts may have in the various legal systems of the Member States, applies to
an infringement of an intellectual property right,

E. whereas within the framework mentioned under D and related to the measures to be taken, a defini-
tion should be elaborated which distinguishes between various kinds of infringements, thereby taking
into account that wilful and fraudulent elements are inherent in counterfeiting and product piracy,

F. whereas, therefore, the purpose of the measures to be adopted as a consequence of the Green Paper
must be to combat (in particular and inter alia) acts of counterfeiting and piracy committed on the
Internet or any other digital network where they are not already covered by other Community instru-
ments,

G. whereas the Commission should continue the current work on the question of the exhaustion of
trademark rights and, more generally, intellectual property rights and whereas it should be clear in
this context that there is no connection between the exhaustion of rights and trademark piracy,

1. Calls on the Commission to adopt a global and coordinated approach comprising a preventive aspect
and a law enforcement aspect and characterised by firmness and uniformity;

2. Believes that the Commission’s Green Paper is of fundamental importance


- for the future of EU undertakings;
- for the health and safety of consumers;
- with a view to maintaining a high level of innovation and creativity in the Member States;
- with a view to combating loss of tax revenue for the Member States (customs duties and VAT);
- with a view to breaking the increasingly close link between counterfeiting, piracy and organised crime;

3. Recommends the establishment and implementation of campaigns, in collaboration with the trade
associations, to increase public awareness of the illegal and criminal aspects of the phenomenon in ques-
tion, using in particular the Commission’s existing information programmes;

4. Suggests that any public-awareness campaign should include the following key messages: risks to
health and safety; long-term reduction in consumer choice; job losses incurred by the detrimental effect
on legitimate businesses; particularly loss of earnings for individual artisans, artists, craftsmen and small
firms and self-employed people; funding of organised crime and the poor working conditions endured by
workers in pirated goods firms;

(1) OJ C 116, 28.4.1999, p. 35.


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5. Calls on the Commission and the Member States to extend the public-awareness campaign to the law
enforcement agencies by creating a network that includes the sectors concerned and the public authorities
for the exchange of information, detection and cooperation;

6. Encourages the Commission to develop a network of contact points for those areas combating piracy
and counterfeiting in Member States and to develop a dialogue for best practice and cross-border training;

7. Recommends that the trade associations be given the right to take legal action in defence of the
collective interests they represent;

8. Emphasises the importance of training for police forces, customs officers and judicial authorities and
proposes that the Commission should establish a programme of dialogue in this field involving an
exchange of know-how and the adoption, at Community level, of best national practices;

9. Emphasises the importance of highlighting the pan-European problem to Member States in order
that they can implement an appropriate programme of action in this field involving relevant bodies and
the private sector;

10. Urges the Commission to consider with the Office for Harmonisation of the Internal Market the
role which the latter might play in this field in the improvement of training and technical assistance for
the authorities;

11. Calls on the Commission to introduce a system for collecting, analysing and comparing data on
counterfeiting and piracy and to draw up a biennial report for Parliament and the Council on the trend
in this phenomenon in the single market and the accession candidate countries and on the effectiveness of
the measures taken by the various competent bodies and authorities;

12. Calls on the Commission to ensure that greater use is made of existing public and private informa-
tion systems and databases relating to the fight against counterfeiting and piracy and to consider the com-
patibility of these systems and any links that should be forged between them;

13. Calls on the Commission to consider the possible introduction of measures to enable effective
action to be taken against the large-scale manufacture of products which are frequently counterfeited or
pirated, such as a requirement that all digital media produced in Europe be inscribed with unique identifi-
cation codes;

14. Calls on the Commission to ensure the legal protection of devices designed to protect and authen-
ticate products and services, while respecting the rights of the consumer where they are not covered by
other instruments;

15. Hopes that research and development programmes will contribute to technical protection measures
of an effective and realistic nature;

16. Calls on the Commission to consider how the functions of an ideal technical arrangement that
includes elements clearly identifiable by the consumer, combined with hidden details for use by the mon-
itoring services, might be performed;

17. Urges the European and national authorities to ensure the adoption and application of codes of
good conduct relating to the use of protected works, such as office software, in their administrations;

18. Emphasises that the effective exercise of intellectual property rights and the protection thereof
against counterfeiting and piracy should constitute priorities during the negotiations on the accession of
new Member States (to which appropriate training and material assistance should be provided during the
negotiation process) and under existing customs agreements or in any trade negotiations with third coun-
tries;

19. Recognises that while priority is given to the protection of intellectual property rights in the acces-
sion negotiations for new Member States and in trade negotiations with third countries, the most effective
action will be by the Governments and legal authorities of those Member States. Therefore, an exchange of
appropriate information is vital;
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20. Calls on the Commission to take the necessary measures to improve the coordination of the fight
against counterfeiting and piracy in the single market;

21. Calls on the Commission to propose the amendments to the Treaty needed to enable Europol to
assume new powers in this field;

22. Emphasises the urgent need for a suitable framework for mutual assistance among the competent
authorities of each Member State to be established to combat this phenomenon and, in appropriate cases,
through collaboration between these authorities and the Commission;

23. Highlights the importance of harmonising legislation on combating counterfeiting and piracy with a
view to eliminating the persistent disparities in intellectual property protection arrangements in the Single
Market in relation both to goods originating in third countries and to counterfeit goods produced within
the European Union itself;

24. Emphasises that national rules need to be harmonised (beginning with, at the very least, some com-
mon minimum sanctions) in order to suppress the production, distribution, import, export and - in cases
where they are acquired with criminal intent and involving articles of considerable value - the possession
of counterfeit and pirated products and that such harmonisation should include a simplified procedure,
especially for investigations and seizures, and make it easier to establish the facts;

25. Calls on the Member States to step up customs checks at the European Union’s external borders;

26. Calls on the Council, in the same context, to consider harmonising the Member States’ criminal
laws on the infringement of customs legislation relating to counterfeiting and piracy;

27. Recommends, in order that effective action can be taken against the scourge of counterfeiting and
piracy, that heavier sanctions be imposed under criminal law and that measures and procedures under civil
law (damages and interest) be made more effective;

28. Calls on the Commission to consider the possible establishment at EU level of criteria for the calcu-
lation of damages and interest and any other measures that may be useful in determining damages and
interest;

29. Calls for certain measures, such as the recall, at the offender’s expense, of counterfeit or pirated
goods placed on the market and the possibility of the holder of the pertinent right having the goods at
issue seized on request and before legal proceedings are initiated, to be extended to all the Member States;

30. Is concerned at the lack of redress available to those EU individuals and businesses most heavily
affected by piracy and counterfeiting of goods and calls for effective remedies, including deterrence
through the strengthening of civil penalties, exemplary damages and the recovery of legal fees and other
costs against offenders;

31. Calls for pressure also to be brought to bear on the countries linked to the European Union by
association and partnership agreements to participate consistently in the fight against trademark piracy;

32. Calls for the imposition of heavier sanctions accompanied by such complementary measures as:

- the temporary or permanent closure of the establishments in which the acts of piracy and counter-
feiting have been committed;

- the publication of the relevant judgments and the recording of such judgments in a central database to
which the sectors concerned and the law enforcement agencies have access;

- the creation, for the holder of the right infringed, of a right to information from the perpetrators of
the act of counterfeiting or piracy, in compliance with existing legislation on the protection of perso-
nal data, whereby, in such case, there is a right not to make a declaration against oneself;

33. Calls for particular attention to be paid to matters relating to international judicial cooperation
when acts of counterfeiting and piracy concern at least two Member States and for any deficiencies identi-
fied to be taken into account, particularly in the context of current work at European level on judicial
cooperation;
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34. Calls for particular attention to be paid to matters relating to international cooperation when any
component of an act of counterfeiting and piracy is committed in a third country;
35. Calls on the Commission to propose, in the context of the IGC and the reform of the Court of
Justice of the European Communities, an allocation of duties that takes account of disputes relating to
intellectual and industrial property;
36. Instructs its President to forward this resolution to the Commission, the Council and the govern-
ments and parliaments of the Member States.