Reservation of rights
The Union shall retain all rights relating to the .eu TLD including, in particular, any intellectual property rights or other rights to the Registry databases that are required to ensure the implementation of this Regulation, as well as the right to re-designate the Registry.
Evaluation and review
1. By 13 October 2027 and every three years thereafter, the Commission shall assess the implementation, effectiveness and functioning of the .eu TLD, based in particular on the information submitted by the Registry pursuant to point (l) of Article 10.
2. By 30 June 2020, the Commission shall assess, taking into account current practice, whether and how the Registry is to cooperate with the EUIPO and other Union agencies with a view to combating speculative and abusive registrations of domain names, and whether and how simple administrative procedures are to be provided for, in particular with regard to SMEs. The Commission may propose further measures in that regard, if necessary.
3. By 13 October 2024, the Commission shall assess the possibility of extending the criteria set out in Article 9 and may, if appropriate, submit a legislative proposal.
4. The Commission shall submit a report to the European Parliament and the Council on the findings of the assessment referred to in paragraphs 1 and 2.
Committee procedure
1. The Commission shall be assisted by the Communications committee (COCOM) established by Directive (EU) 2018/1972 of the European Parliament and of the Council ( 10 ) . That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
3. Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 5 thereof, shall apply.
Exercise of the delegation
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
2. The power to adopt delegated acts referred to in Article 8(1) shall be conferred on the Commission for a period of five years from 18 April 2019. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
3. The delegation of power referred to in Article 8(1) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.
5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
6. A delegated act adopted pursuant to Article 8(1) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Transitional provisions
1. Domain name holders that have domain names that were registered pursuant to point (b) of Article 4(2) of Regulation (EC) No 733/2002 shall retain their rights in relation to the existing registered domain names.
2. By 12 October 2021, the Commission shall take the necessary measures to designate an entity as the Registry and to enter into a contract with the Registry pursuant this Regulation. The contract shall be effective from 13 October 2022.
3. The contract concluded between the Commission and the Registry pursuant to point (c) of Article 3(1) of Regulation (EC) No 733/2002 shall continue to be effective until 12 October 2022.
Amendment of Regulation (EC) No 733/2002
In Article 4(2) of Regulation (EC) No 733/2002, point (b) is replaced by the following:
‘(b)
register domain names in the .eu TLD through any accredited .eu Registrar requested by:
(i)
a Union citizen, independently of their place of residence;
(ii)
a natural person who is not a Union citizen and who is a resident of a Member State;
(iii)
an undertaking that is established in the Union; or
(iv)
an organisation that is established in the Union, without prejudice to the application of national law.’.
Repeal
Regulations (EC) No 733/2002 and (EC) No 874/2004 are repealed with effect from 13 October 2022.
Entry into force
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union .
It shall apply from 13 October 2022.
However, Article 20 shall apply from 19 October 2019.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.