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The European Parliament’s Internal Market Committee (IMCO) also adopted the provisional agreement on 24 January (36 votes in favour, 1 against). The key points agreed in the compromise text relate mainly to the scope, definitions, information requirements for consumers and other product information requirements, as described below:

• The scope of the regulation remains limited to being a “safety net” for consumer products and does not overlap with harmonised legislation. However, the pool of products that can be subject to the GPSR is now extended because the Commission proposal to substitute the words “are likely to be used [by consumers]” with “can be used” by consumers prevailed. Stand-alone software is not included in the scope, nor is it included in the definition of ‘product’. Furthermore, as services are exempt from the GPSR, Software as a Service (SaaS) is excluded from the scope. However, there are some cases where software could be involved under the GPSR, namely if the software affects the health and safety of consumers or if the software is substantially related to, or has an impact on, a product.

• Definitions are largely aligned to those in the NLF, which helps to maintain coherence between harmonised and nonharmonised legislation.

• Electronic solutions to provide product information (for instance, QR codes) are permitted in addition to the paperbased documentation.

• In case of a safety recall or warning, economic operators and online marketplaces will now be required to inform all affected consumers identified and widely disseminate the information. Consumers will be clearly informed of their right to repair, a replacement or an adequate refund (at least equal to the initial price). They will also have a right to file complaints or launch collective actions.

• The rapid alert system for dangerous products (“Safety Gate” portal) will be modernised to allow unsafe products to be detected more effectively.

• Last but not least, penalties, the original language concerning penalties has been simplified and improved, so penalties now only need to be ‘proportionate and dissuasive’.

In terms of next procedural steps, the plenary vote is scheduled to take place on 29 March.

Standardisation Policy

An own-initiative (INI) report on standardisation is currently being discussed in the European Parliament’s Internal Market Committee (IMCO), which highlights the Parliament’s priorities on standardisation in the single market and at the global level. Although this initiative has no binding legislative effect, it puts forward the Parliament’s priorities on standardisation in the single market and at a global level. It may also feed into the Commission’s upcoming work on standardisation and that of European Standardisation Organisations, including the possible future revision of the Standardisation Regulation. The rapporteur responsible for the file is Adam Bielan (ECR, Poland).

Following the publication of the draft report on 14 November, IMCO MEPs tabled 156 amendments which were published on 2 February. Most amendments are positive, notably those that uphold the integrity, inclusiveness, and accessibility of the European standardisation system, mentioning standardisation as an important pillar for the successful implementation of the New Legislative Framework. However, some amendments remove references related to the market-driven nature of standards or to the fact that standards are not an extension of EU law. There is also an amendment which specifies that standards can be made mandatory through delegated acts, which undermines the voluntary nature of harmonised standards.

The vote on the report in IMCO is intended to take place on 27 March and will be followed by the plenary vote, indicatively scheduled for 8 May.

EU Patent

On 7 March, European Patent Office (EPO) President António Campinos and European Commissioner for the Internal Market, Thierry Breton, signed a working arrangement on European patents with unitary effect, in accordance with the EU Regulation implementing enhanced cooperation in the area of the creation of unitary patent protection (EU Regulation 1257/2012, Article 14). The arrangement relates to cooperation and the exchange of views between the two institutions to maximise the benefits of the Unitary Patent system and promote its widespread use, particularly among small and medium-sized enterprises. It also includes a provision for the EPO and the Commission to share relevant data and information, including insights from surveys and case studies concerning the promotion and use of the Unitary Patent, and to conduct regular meetings to facilitate and support their cooperation activities.

In preparation for the launch of the Unitary Patent system starting on 1 June, the EPO continues to offer transitional measures to all patent applicants in the final stages of the granting process. Since 1 January, over 3,000 early requests for unitary effect and/or requests for a delay of grant have been submitted to the EPO.

In addition, on 17 February, the German government deposited its instrument of ratification of the Agreement on a Unified Patent Court (UPCA) with the Council of the European Union. This step marks the completion of the necessary ratification procedures by the participating EU Member States for the Unitary Patent Package to become effective for (currently) 17 states. The new system is now ready to enter into operation on 1 June 2023. More countries are expected to join in the future.

Intellectual Property Rights

The European Commission, which was planning to present a legislative proposal for a Regulation on compulsory licensing of patents in Q1 2023, has postponed the release of the proposal to 26 April 2023.

A compulsory licence issued by a government authorises a party other than the patent holder to use a patented invention without the consent of the patent holder. In particular, during a crisis, these tools must be effective to make an orderly EU response possible.

In this context, the Commission opened a public consultation for stakeholders to provide comments to inform the legislative process.

According to the initiative’s Inception Impact Assessment, the Commission is currently considering the following potential policy options for the future legislative proposal:

• Creating an EU coordination mechanism for compulsory licensing in times of crisis. This option might apply to all types of crises, including health crises.

• Establishing an “EU-level compulsory licence” for use in a crisis, to be applied in some or all Member States, depending on the circumstances. This option might apply to all crises, including health crises.

• Streamlining compulsory licensing for export purposes. As this concerns Regulation (EC) No 816/2006, it would be limited to pharmaceutical products.

Dual-use items

On 23 February 2023, the European Commission adopted a Delegated Regulation updating the EU dual-use export control