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(c) Required declaration
Article 51(1) provides that a notice of opposition shall contain a declaration
that the application might infringe the conditions laid down in this Regulation.
A notice of opposition that does not contain this declaration is void.
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(d) Commission forwards notice of opposition to applicant
Article 51(1) provides that the Commission shall forward the notice of
opposition to the authority or body that lodged the application without delay.
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(e) Reasoned statement of opposition
Article 51(2) provides that if a notice of opposition is lodged with the
Commission and is followed within two months by a reasoned statement of
opposition, the Commission shall check the admissibility of this reasoned
statement of opposition.
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(f) Consultations with Commission
i.
Invitation from the Commission
Article 51(3) provides that within two months after the receipt of an admissible
reasoned statement of opposition, the Commission shall invite the authority or
person that lodged the opposition and the authority or body that lodged the
application to engage in appropriate consultations for a reasonable period that
shall not exceed three months.
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ii.
Provision of information
The authority or person that lodged the opposition and the authority or body
that lodged the application shall start such appropriate consultations without
undue delay. They shall provide each other with the relevant information to
assess whether the application for registration complies with the conditions of
this Regulation. If no agreement is reached, this information shall also be
provided to the Commission.
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iii. Notification of agreement to the Commission
Article 5 of the Draft Delegated Regulation provides that when the interested
parties reach an agreement following the consultations referred to in Art 51(3),
the authorities of the Member State or of the third country from which the
application was lodged shall notify the Commission of all the factors which
enabled that agreement to be reached, including the opinions of the applicant
and of the authorities of a Member State or of a third country or other natural
and legal persons having lodged an opposition.
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