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Corporate Sustainability at the EUIPO APPENDIX 6 Corporate Sustainability at the EUIPO Corporate Sustainability at the EUIPO, 2016 Project/Service Corporate Sustainability Framework/CGS Status DRAFTDRAFTDRAFT Approved by owner MG Miguel GUSMÃO Authors MFG Marta FERNANDEZ GLEZ. Contributors CR Camelia RAPAS

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Page 1: Corporate Sustainability at EUIPO 2016 Sustainability at the EUIPO APPENDIX 6 — Corporate Sustainability at the EUIPO Corporate Sustainability at the EUIPO, 2016

Corporate Sustainability at the EUIPO

APPENDIX 6 — Corporate Sustainability at the EUIPO

Corporate Sustainability at the EUIPO, 2016

Project/Service Corporate Sustainability Framework/CGS

Status DRAFTDRAFTDRAFT

Approved by owner MG Miguel GUSMÃO

Authors MFG Marta FERNANDEZ GLEZ.

Contributors CR Camelia RAPAS

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Table of Contents

1. The EUIPO at a Glance ................................................................................................................ 3

2. The EUIPO and Sustainability .................................................................................................... 4 2.1 EUIPO stakeholders .............................................................................................................. 4

2.2 The EUIPO’s sustainability journey ....................................................................................... 6

2.3 Embedding sustainability ....................................................................................................... 7

2.4 An integrated thinking approach ............................................................................................ 8

2.5 The EUIPO’s materiality assessment .................................................................................... 8

2.5.1 About the process ..................................................................................................... 8

2.5.2 Using the results........................................................................................................ 9

3. The EUIPO’s Sustainability Performance per Capital............................................................ 10 3.1 Organisational capital .......................................................................................................... 11

3.2 Human capital ...................................................................................................................... 13

3.3 Social and relational capital ................................................................................................. 15

3.4 Environmental capital .......................................................................................................... 18

3.5 Economic capital .................................................................................................................. 20

4. About this Report ...................................................................................................................... 23 4.1 The EUIPO’s approach ........................................................................................................ 23

4.1.1 Performance metrics and goals .............................................................................. 23

4.1.2 The Office welcomes your feedback ....................................................................... 23

4.1.3 Assurance report ..................................................................................................... 24

4.2 GRI Content Index ............................................................................................................... 30

5. Abbreviations ............................................................................................................................. 46

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1. The EUIPO at a Glance1

Whether you are in trade, manufacturing or services, registering your trade mark or design makes business sense.

1 For the abbreviated & integrated video version of the EUIPO’s 2016 Annual Report please refer to

the following link.

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2. The EUIPO and Sustainability

Every day the EUIPO takes decisions that directly affect not only the businesses that register trade marks and designs, but also EU citizens. It determines the use of public resources and supports the outcomes of companies’ innovation processes. It works with EU and non-EU countries and organisations through a large variety of cooperation activities. Therefore, the principles of impartiality, loyalty, discretion and integrity must be respected and, more importantly, embedded in its daily work. The EUIPO’s vision can be summarised as a user-driven European Union Intellectual Property Network (EUIPN). To be able to deliver this vision, its staff competency framework is built on the following four values:

The Office is committed to the principles of ethics and transparency across all its activities — both as a public institution and in line with the goals of its Strategic Plan. 2.1 EUIPO stakeholders

Stakeholders expect the EUIPO to offer intellectual property (IP) rights protection to businesses and innovators across the EU. The Office is committed to networking with public and private sector stakeholders that have the power to influence and promote positive change within the international context faced by EU businesses. In 2013, an in-depth quantitative analysis, developed in cooperation with all departments and services, identified more than five hundred organisations, and thousands of individuals as stakeholders engaging with the Office 102-42.

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As a result, in 2016, a high-level framework was developed to facilitate cross-departmental sharing of information on stakeholders and their management, and to define a set of common rules for the different departments that engage with stakeholders at various levels 102-40; 102-43; 102-45.

Direct communication with key external stakeholders is integral to determining the way forward. This dialogue is reinforced with other initiatives, such as the Service Charter, which defines what users of the EUIPO’s services can expect in measurable terms — timeliness, accessibility, and quality of decisions. The Office has been measuring levels of satisfaction with its services and products related to registration of trade marks and designs since 2005, through two types of large-scale satisfaction surveys conducted by independent firms — an annual user satisfaction survey and ad hoc surveys covering specific areas of interest (i.e. opposition proceedings and decisions, design registration proceedings, etc.). Internally, the Office responds to the needs of staff by implementing staff satisfaction surveys; the results are shared in meetings organised both at management and departmental level. Subsequently, managers are entrusted with setting up and implementing follow-up actions and making improvements based on the opinions of staff. These actions are reinforced by a Staff Committee, which is formed and elected by Office staff to advise on, and discuss with management, all issues related to the application of rules on careers, working conditions and social policy (i.e. promotions, teleworking, local staff, changing categories, secondments, invalidity, discipline, incompetence, leave on personal grounds, sickness insurance, training, equal opportunities, recruitment, safety and health at work, etc.) 102-41.

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In fact, the EUIPO uses multiple reporting channels to communicate with its internal and external stakeholders. By involving its stakeholders in designing the way it delivers services and decisions, the Office is able to understand and anticipate their expectations. It ensures that the work it does is relevant inside and outside the IP world, so that its true impact is measurable, clear and understood. 2.2 The EUIPO’s sustainability journey

Although Corporate Sustainability was not defined concretely as a priority for the EUIPO until the end of 2014, the Office’s journey towards being a sustainable organisation began over 10 years ago, and stems from the efforts made in different areas, including quality, risk and financial performance, among others.

The Office has five certified management systems and an Integrated Management Systems policy to ensure all its processes are efficiently aligned. The objective is to enhance efficiency and comply with the latest versions of international standards as they are released, focusing on advanced human resource capabilities and information systems, as well as infrastructure.

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2.3 Embedding sustainability Being sustainable means satisfying the needs of stakeholders in a way that improves their experience now, without compromising what can be offered to them in the future. As a public organisation, the Office must demonstrate its commitment to sustainability through the delivery of its services and the implementation of its policies and strategies. Objective 2.4: Ensure sustainability of the Office for the future, under Line of Action 2: Increase transparency and accountability of the new SP2020 states that ‘EU citizens are increasingly expecting to have access to understandable information about the impact organisations have on society, that is to say, their sustainability. The Office believes that transparency and accountability via the sharing of such information is fundamental in the journey towards corporate sustainability.’ Externally, the EU’s growth strategy for 2020 (Europe 2020) pushes for a smart, sustainable and inclusive economy, aligning public policy with best practices. By clearly reflecting the relevant international standards, the Office is striving for globally recognised levels of excellence in sustainability, for the benefit of its users and in line with the certification of its other management systems.

The implementation of a Corporate Sustainability Framework establishes a set of principles that will enhance the ability of the Office to make sound decisions and analyse their impact, so that it can demonstrate how its activities add value to the IP system and to European

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society. By finding synergies across activities, the Office will clarify what is already being achieved and what more needs to be done to increase transparency and accountability. It will establish values to ensure that both strategic and business-as-usual activities are sustainable, which is essential to meet the expectations of stakeholders now, without jeopardising what can be delivered to them in the future. 2.4 An integrated thinking approach In 2016, as part of an integrated thinking approach, the Office adopted the five capitals value creation model, based mainly on the Corporate Balanced Scorecard’s key performance indicators (KPIs) 2 to measure progress in creating value.

2.5 The EUIPO’s materiality assessment To help identify topics that are material to the long-term sustainability of the Office, the EUIPO’s Corporate Sustainability Framework project team conducted its first materiality assessment for corporate sustainability in 2016. In alignment with the SP2020 process, the materiality assessment was designed to engage stakeholders, identify opportunities and risks, and refine the EUIPO’s corporate sustainability planning and reporting 102-47. 2.5.1 About the process

Grounded on international best practices, the materiality assessment was conducted following a structured process.

2 Please refer to Annex II of the Strategic Plan 2020 for a detailed list of the Balanced Scorecard KPIs.

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Assessment of priorities: brainstorming sessions were coordinated with Corporate Governance team leaders, project managers, quality, performance and risk representatives, and other internal experts to review internal KPIs at corporate and departmental levels and compare them against international sustainability standards, while benchmarking similar initiatives in the public sector.

Identification of material issues: twenty (20) material issues — four (4) for each of the five (5) capitals (organisational, human, environmental, social & relational, and economic) — were identified as relevant for the EUIPO’s long-term sustainability 102-44.

Development of a materiality matrix: each materiality issue was evaluated on two scales: its impact on the EUIPO (internal focus), and its impact on stakeholders (external focus). The results of these evaluation processes were used to create a materiality matrix of the issues set out under each of the five capitals, and to identify interconnections between them.

2.5.2 Using the results Since the materiality matrix is a snapshot of a moment in time, the Office will refresh the assessment on an annual basis to capture emerging risks and opportunities and inform of the EUIPO’s strategic planning process, in order to support the ongoing dialogue with its stakeholders.

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3. The EUIPO’s Sustainability Performance per Capital The SP2020 moves the EUIPO towards being a more resilient organisation that is better prepared for future eventualities through the development of an integrated approach to planning, reporting, project methodologies, management systems, risks and applicable compliance, evaluation and control standards. In addition to reporting the level of achievement of its commitments, the Office makes itself more accountable by also being transparent about the resources used to achieve them. A benefits management framework has been developed to integrate organisational efficiency and effectiveness benefits that build on the organisational, social and relational, human, environmental and economic sustainability capitals. Corporate sustainability operates at all levels at the EUIPO, from operational decision-making through to corporate level KPIs identified in the corporate Balanced Scorecard. For each indicator, linked to the five capitals value creation model, three levels of performance have been defined: Excellence: the objective that the Office strives for Compliance: considered acceptable

Actions needed: raise the performance standard at least back into Compliance. The following section provides a more thorough description of the EUIPO’s general sustainability approach, and a comprehensive review of its performance under the SP2020, Objective 2.4, Ensure sustainability of the Office for the future, Line of Action 2, Increase transparency and accountability. It details how the Office perceives sustainability in the context of its core business; how it manages it, how it is performing, and an identification of indicators with actions needed. The tables show the EUIPO’s performance against a selection of indicators for each of the five sustainability capitals, along with their progress status102-47.

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3.1 Organisational capital

Tools, products, services and IT that enable effective performance of the EUIPO’s mission

In 2002, the Office made a commitment to e-business by introducing electronic filing of European Union trade marks (EUTMs), electronic communications and payments, online banking services, and tools for examining and tracking the progress of online registration. The ultimate goal was to become a paperless office. The continuous development of e-services has prompted a shift in the way the Office and its users interact. Today, approximately 99 % of EUTMs and 97 % of registered Community designs (RCDs) are filed electronically, and oppositions and other procedures are increasingly conducted electronically. In fact, applicants that need their applications processed quickly can take advantage of fast-track procedures for both EUTM and RCD filings. IT security is, therefore, a major issue. The EUIPO has taken important steps, not only to build a secure and robust infrastructure, but also towards the modernisation of its IT platform, while ensuring continued compliance with international information security standards. The EUIPO is ISO 27001:2013 certified and has received a successful SOC 2 Type II report that endorses the effectiveness of the Office in terms of the Trust Services Principles. The wide use of e-business solutions, enhanced by information for correct filing and automatic checks, has contributed to the reduction in irregularities, both in filings and in proceedings, which also entails a reduction in costs — less paper, less printing, fewer postal items — with a positive environmental impact for both users and the Office.

GRI disclosure EUIPO performance measures

Performance 2016

Target 2016

Administrative Efficiency (Sector Supplement for Public Agencies — Pilot Version 1.0)

1.4 Level of achievement of the Quality Service Charter objectives

81 % 70 %

1.7 Incoming & outgoing eComm with users

72.5 % 65 %

2.1 Overall user satisfaction 91 % 82 %

5.1.1 User satisfaction with the predictability of Office decision(s)

68.9 % 59 %

5.1.2 User awareness of Office Guidelines

55.3 % 45 %

5.3.6 General Court confirmation rate

85.7 % 75 %

418-1 Substantiated complaints regarding breaches of customer privacy & losses of customer data

3.2.1 IT security incidents 10.7 11

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Making a difference

• Fast Track: file a European Union trade mark in a simple, easy to use, five-step application process.

• Innovative image recognition technology was introduced in eSearch plus in beta version on 28/11/2015! Users can search for common or abstract shapes in combination with other trade mark specific criteria such as the Vienna or Nice Classification. Figures suggest strong use of the functionality: in total, 34 489 searches were registered in August 2016, out of which 13 083 used image searching in comparison to 16 338 searches using the Vienna Classification. By the end of 2016, image searching had increased to 16 163 in comparison to 13 939 searches using the Vienna Classification.

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3.2 Human capital

Investing in people, and in their health & safety, for the creation of a skilled, engaged and balanced workforce

The EUIPO’s job and competency mapping, launched in September 2013, identifies and maps its main job functions and competencies and the corresponding learning curricula. As

a ‘living document’ it is updated periodically in order to reflect organisational needs. It facilitates recruitment, induction of new staff, performance management, learning and career development. Staff career development is a key element of the EUIPO’s strategy. In 2016, the Office launched the Talent Management tool in an effort to recognise and provide all statutory staff (officials, temporary agents and contract agents) with the means to make their talents more visible — while increasing efficiency and performance — and to actively promote their career development. The creation of high-performance teams is a gradual

process that requires investment in people. In order to support new, more effective and sustainable ways of working, the Office will focus on effective talent management, collaborative working and further improvements both to HR processes and to the work environment by 2020.

GRI disclosure EUIPO performance measures Performance

2016 Target 2016

Staff engagement (not covered by the topic specific standard)

1.1 Staff highly engaged 76 % 74.5 %

1.2.9 Cross-departmental collaboration

69 % 67.5 %

403-2 Types of injury and rates of injury, occupational diseases, lost days & absenteeism, number of work-related fatalities

1.1.4 Days of absenteeism (short-term)

3.5 % 5.8 %

1.1.5 Days of absenteeism (long-term)

1.1 % 1.2 %

404-1 Average hours of training per year per employee

1.2.1 Training days per employee 3.64 3.60

404-3 Percentage of employees receiving regular performance & career development reviews

1.2.3 Staff consider appraisal process fair

54 % 53 %

405-1 Diversity governance bodies & employees

350 Diversity (according to gender, age group & nationality)*

80.7 % 85 %

* New indicator, not included in corporate BSC

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Making a difference

• Knowledge Corner: e-books, articles of interest, dictionaries, electronic journals, case-

law.

• EUIPOFit: gym, relaxation rooms, leisure rooms, outdoor installations (paddle &

multisport courts), events (paddle tennis & basketball tournaments) and free fruit every

morning for on-site workers

• Leisure clubs: golf club, Avalanche ski, Bacchus wine, Equinatura, OAMIGOS library,

Light Box photography society and SOLCIR solidarity circle

• Medical services, including annual anti-flu vaccination campaign

• Retail services: kiosk, dry cleaning & car wash, supermarket & multi-service, bakery,

drugstore and physiotherapy

• New e-learning module on corporate sustainability launched for internal staff

• Farm school, language stays and a staff children’s Christmas party

• Food safety and safety tours (active coordination with Alicante’s fire service) • The ‘retirees corner’ for retired colleagues to consult the intranet and intracomm

• Annual medal service award to honour staff who have reached over 20 years of public

service

• 239 new courses in the Learning Portal; 4152 certificates issued

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3.3 Social and relational capital

Trusted, collaborative and productive working practices and awareness-raising actions across organisations and with the community

Education and raising awareness of IP matters to foster the proximity of EU institutions to the local population, and convergence of tools and practices to increase harmonisation among IP Offices of the EU and beyond are key objectives for the EUIPO. The actions carried out under the Social & Relational capital also aim to improve the reputation of the organisation and ensure that the EUIPO is recognised as a sustainable organisation with a compelling social licence to operate. Building on in-house expertise, the EUIPO’s Academy manages and disseminates a wide range of IP knowledge to the IP community and the public in general. Many of these activities are carried out in collaboration with EU and globally renowned IP partner organisations, such as the European Patent Academy and the WIPO Academy, as well as with academia, relevant European Commission services and other public and private organisations, aligned with the Office’s international activities. At European Union level, the European Trade Mark and Design Network (ETMDN) is a reality, thanks to the efforts of both IP offices of the EU and user associations, which work together to achieve a true trade mark and design system in Europe: common practices, services and tools focused on responding to the needs of IP rights holders and IP professionals. Further public and private sector collaboration for increasing IP awareness and strengthening of the IP system is achieved through the Observatory’s five working groups (Public Awareness, Enforcement, Legal and International, IP in the Digital World, and Economics & Statistics), which have been set up on the basis of proposals by stakeholders to guide the implementation of the projects included in the Observatory’s Work Programme. The Office also concentrates on reaching out to the broader community of stakeholders, in particular small- and medium-sized enterprises (SMEs), academia, and society in general. At office level, the EUIPO has an official list of leisure clubs that focus on organising and promoting cultural, social, artistic and sporting activities that are compatible with the objectives and interests of the European Union and with the obligations of the Office’s members of staff under the Staff Regulations and the Conditions of Employment of Other Servants of the European Union, to promote social relations between Office staff and their integration into the local and European communities. The SOLCIR solidarity circle is perhaps the best example of the Office’s efforts to inform, educate and raise awareness of civil society associations and organisations and to promote integration within the local community. It was constituted in April 2010, by staff members, as a platform for solidarity initiatives and organisation of events to generate resources for charity projects.

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In 2016, SOLCIR organised and/or cooperated in the organisation of over 10 events or activities: paddle tennis tournament, charity cake and solidarity markets, a reverse Advent calendar, Red Cross flag day and friendship campaigns, sale of Christmas lottery tickets, donations for refugees, among others; to wrap up the year, 26 NGOs participated in the 2016 SOLCIR solidarity Christmas market.

GRI Disclosure EUIPO performance measures Performance 2016

Target 2016

413-1 Operations with local

community engagement, impact

assessments & development

programs

2.4 Training courses delivered to

stakeholders 4 285 3 680

3.2 Usage of TMview, DesignView &

TMclass 1 757 814 1 126 000

3.3 E-filings in the network done using

European Cooperation Project (ECP) tools 61.1 % 60 %

1.2.8 Trainees indicating that the

traineeship facilitated their access to

employment/further studies

69 % 67.5 %

4.1.2 Execution rate of European

Cooperation agreements 49 % 71 %

4.2.4 Stakeholder satisfied with EU-funded

projects 97 % 75 %

4.3.1 User satisfaction with TMview,

DesignView and TMclass 82 % 79 %

6.3.1 Studies & reports published by

Observatory 15 16

6.4.2 SME’s knowledge of the term

‘Intellectual Property Rights’ 28 % 24 %

6.4.4 External stakeholders’ training

satisfaction 85 % 66 %

IP rights (not covered by the topic-

specific standard)

2.5 Europeans demonstrating a good

objective knowledge of IP 13 % 18 %

3.4 Enforcement Database usage by

enforcement authorities 2 060 2 762

6.2.1 Downloads of relevant papers/

publications from the Observatory

website

35 384 480

Notes on indicators for which action is needed to raise the performance standard back into Compliance:

4.1.2 Execution rate of European Cooperation agreements — this figure represents the actual payments made during the year N2016: The potential execution once the execution reports take place in N+1 Q1 will be close to 85 %.

6.3.1 Studies & Reports published by Observatory — IP Perception Study will be published in Q1 2017.

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2.5 Europeans demonstrating a good objective knowledge of IP — IP Perception Study will be published in Q1 2017.

3.4 Enforcement Database usage by enforcement authorities — in order to increase the number of enforcement users that use and access the Enforcement Database (EDB), the Office is organising webinars, planning train-the-trainer meetings, and opening the EDB to frontline officers.

• In March, EUIPO took over the chairmanship of the EU Agencies Network (EUAN)

• An innovative traineeship scheme, the Pan-European Seal Professional Traineeship

Programme — with the European Intellectual Property Institutes Network (EIPIN) as

founding partner — (implemented in cooperation with the EPO), will be further

developed as part of the Office´s progressive social responsibility programme; the first

joint doctorate in IP

• Open door policy to promote the use of the EUIPO facilities (British School of Alicante

graduation ceremony, awards ceremony — Noche de la economía alicantina, etc.)

• During the 2016 academic year, the Office was visited by more than 1 800 students

and professors from 43 schools or institutions as part of its School Liaison programme

• Kings College and European School of Alicante scholarships

• EUIPO’s charity football tournament and inter-agencies football tournament

• Hosted the first Youth Workshop as part of the Ideas Powered initiative

• Red Cross flag day and blood donation campaign at the EUIPO

• First edition of the DesignEuropa awards

Making a difference

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3.4 Environmental capital

Efficient energy and resource management, including offsetting One of the five targets of the EU2020 strategy for sustainable growth refers to climate change and energy sustainability. It includes quantified objectives from a 1990 baseline for the reduction of greenhouse gas emissions, an increase in energy share from renewable sources, and a decrease in energy consumption. In line with the EU2020 strategy, the EUIPO has set proportional targets for 2016 to 2020 based on three new workflows: 1. to extend the scope of the environmental

management system to all buildings [2008: EMAS — main building (AA1); 2016: EMAS — second building (AA2); and 2019: EMAS — new building and EUIPO campus integration (AA3)]; and to reduce consumption of materials and resources, including paper and water;

2. to develop energy management according to the latest standards; and

3. to enhance monitoring of greenhouse gas emissions.

Workplace sustainability is intrinsically linked to minimising the environmental impact of the EUIPO’s operations.

GRI Disclosure EUIPO performance measures Performance

2016 Target 2016

301-1 Materials used by weight

or volume

1.3.3 Paper saved as a result of the

digital strategy (tonnes) 54 24

1.3.4 Paper consumption per on-site

worker (kg/on-site worker) 24.47 46.23

1.3.5 Toner consumption per on-site

worker (kg/on-site worker) 0.20 0.16

302-1 Energy intensity 1.3.7 Energy consumed (gas + electricity)

per on-site worker (MWh/on-site worker) 6.96 9.40

303-1 Water withdrawal by

source

1.3.6 Water consumption per on-site

worker (m³) 10.53 12.70

305-4 GHG emissions intensity 1.8 Greenhouse gas emissions per on-

site worker (t CO2 eq/on-site worker) 3.01 3.60

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Note on indicator for which action is needed to raise performance standard back into Compliance:

1.3.5 Toner consumption per on-site worker — the Office is currently assessing the feasibility of the following actions in view of: (a) improving the purchase planning of toners: better distributed and avoiding peaks in volumes ordered; (b) improving the way the indicator is calculated: taking into account the actual replacement of toners rather than the volume of toners ordered.

Over the years, the Office has made significant investments in the use of renewable energy (solar thermal, photovoltaic, wind and geothermal energies) to reduce its carbon footprint. The corresponding indicator on 1.3.8 Quantity of renewable energy produced on-site is currently under revision due to changes in the relevant legislation (updated data will be included in the 2017 Sustainability Report).

Making a difference

• The EUIPO issued its first validated annual Environmental Statement in 2007

• EMAS-certified since 2007

• Celebrated World Environment Day with a video, news items and tips & tricks

• Joined 13 other European institutions and bodies in a lights-out initiative for Earth Hour

• Green Apple Awards: International category — New Build (Gold) & Commercial (Bronze)

granted by The Green Organisation

• AA2 building (2015) and new AA3 building assessed as ‘Outstanding’ by BREEAM

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3.5 Economic capital

Excellence in financial management and the economic value the organisation brings to industry and society

The EUIPO finances all its operations through registration fees, without imposing any burden on the European Union or its taxpayers 3. Annual reporting on the overall performance of the EUIPO is being expanded to include the value added by its activities and projects to society as a whole. Aligned with its objective to ensure the sustainability of the Office for the future, the EUIPO is implementing Activity-Based Budgeting to enable Activity-Based Management, providing increased transparency on the use of resources. In doing so, it puts in place a dynamic planning process encompassing the Strategic Plan, annual Work Programmes, multiannual staff policy planning and budget planning, and Activity-Based Costing to provide reliable data about the structure of costs of its services, products and projects. One of the key projects included in the EUIPO’s SP2020 is the construction of a new wing. In April, the plenary of the Alicante Town Council unanimously approved the revised plan presented by the EUIPO for the completion of its campus concept. As part of the plan, local authorities made a commitment to improve the connection between the Office and the town of Alicante. Work is now underway on the first phase of a green route project by the County Council and the Alicante Town Council, which includes safer roads, cycle track and pedestrian pathways to connect the town centre with the EUIPO headquarters. As a public organisation, it is essential that the Office demonstrates its commitment to sustainability through the delivery of its services and the implementation of its policies and strategies. As part of its anti-fraud strategy, the EUIPO carries out specific actions in the area of fraud prevention: integration of a fraud risk assessment into its annual risk assessment exercise; efforts to raise awareness among all staff; compulsory ethics and integrity-training sessions; and guidelines for the protection of whistle-blowers. The Office is on a sound financial footing and is committed to continual improvements in productivity and efficiency. It has the resources and readiness to take on additional tasks in the IP field. Indeed, the decision to rename the agency as the European Union Intellectual Property Office suggests that additional tasks are envisaged in the future should the legislator decide to entrust them to it. Through the European Cooperation Projects (ECP) the EUIPO supports the modernisation of IP offices in order to improve end-user

3 For more information on the EUIPO Budget, please refer to the following web page (under the Accounts and

Finance section).

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experience across the EUTM and RCD community. With an average investment of EUR 1 881 975 per IP office, 43 % have modernised their systems and 89 % have computerised tasks that were previously carried out manually. More than 760 000 direct users have benefited from IT improvements in 2016. In fact, the return on investment (ROI) evolution for the ECP shows a greater impact in the future: by 2020, for example, the estimated ROI will have more than doubled than that of 2015. ‘Research has shown that investments in knowledge-based capital (KBC), i.e. intangible assets, have become key drivers of economic growth across OECD economies. Crucial actors in this process are the SMEs 4.’ As an acknowledgment to the widely recognised notion that SMEs face more difficulties in accessing public organisations, the EUIPO provides awareness campaigns, training tools, educational resources or seminars for IP management, to promote better management of IP by innovative firms (especially SMEs).

GRI Disclosure EUIPO performance measures Performance 2016

Target 2016

201-1 Direct economic value generated & distributed

2.1.1 Budget forecast accuracy (expenditure)

89.3 % 95-100 %

2.1.2 Budget forecast accuracy (revenue)

98.5 % 97-120 %

2.1.3 Budget forecast accuracy (carryover)

87.4 % 86 %

2.1.4 Product man-power unit cost EUR 677 EUR 667

203-1 Infrastructure investments & services supported

1.3.2 Infrastructure cost per on-site worker

EUR 9 697 EUR 16 288.50

3.4.1 IT investment in new projects & initiatives v total IT costs

29.5 % 22 %

203-2 Significant indirect economic impacts

1.2.7 Former trainees contractually linked with the Office

4.3 % 3 %

4.2.5 Non-EU offices implementing tools & practices

72 68

6.4.1 SME’s use of Intellectual Property

9 % 9 %

205-1 Operations assessed for risks related to corruption

2.3.2 Risk level of fraud-related risks (Enterprise Risk Management — ERM)

11.6 13

205-2 Communication & training about anti-corruption policies & procedures

2.3.1 Staff awareness of anti-fraud strategy

65 % 63.5 %

206-1 Legal actions for anti-competitive behaviour, anti-trust & monopoly practices

6.1.1 Implementation of the Legislative Reform in the Office

74 % 54 %

4 See Enquiries into Intellectual Property's Economic Impact report, published in 2015 by the OECD,

http://www.oecd.org/sti/ieconomy/KBC2-IP.Final.pdf

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Notes on indicators for which action is needed to raise performance standard back into Compliance:

2.1.1 Budget forecast accuracy (expenditure) — the main reasons for the low execution rate are: a delay in the approval of the SP2020 due to the new Legislative Reform (which came into force in March 2016, forcing the Office to wait for the MB/BC meeting in June for approval of the SP2020), a slower rate of recruitment than planned and lower operational costs.

2.1.4 Product man-power unit cost — this is an annual figure, affected by a decrease in the number of products, in part due to external factors.

Making a difference

• Publication of the third impact study, carried out by the Alicante Chamber of Commerce,

analysing the direct and indirect socio-economic impact of the EUIPO on the Valencian

Community in 2015

• Direct financial contributions in the form of grants to third-party beneficiaries to support

projects that serve EUIPO policies

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4. About this Report As a public organisation it is essential that the Office strives to be sustainable for users of the IP system, as well as for the benefit of citizens and businesses across Europe. Sustainability relates not only to the products and services provided, but also to the people, policies and strategies that underpin them. Transparency and accountability are an integral part of this, and the Office must explain, in greater detail than before, how it sets priorities, plans, executes, monitors implementation, and measures the results of its actions and their impact 102-46. 4.1 The EUIPO’s approach As a result of the recent launch of the new Global Reporting Initiative (GRI) standards and since GRI encourages early adoption of these standards, the EUIPO has chosen this new format as the basis for its sustainability reporting approach. This report has been prepared in accordance with the GRI Standards: Core option. Additionally, although there is no official sector supplement available for public agencies, the EUIPO has used the Sector Supplement for Public Agencies (Pilot Version 1.0) as a reference for aspects that are considered material to public organisations. Information on the International Integrated Reporting Council (IIRC) common elements has also been included in the GRI Content Index, based on comparative research and further analysis of the Linkage Documents and Supporting Publications section on the GRI website. 4.1.1 Performance metrics and goals

Measures, activities and key figures refer to the 2016 financial year (1 January to 31 December 2016). If for some reason, the latest available data does not correspond to 2016, it is so indicated. The metrics and goals in this report are developed in conjunction with the Office’s stakeholder engagement process with key input from several cross-departmental EUIPO experts. The information is assessed through an internal process to ensure it provides an accurate, meaningful and balanced representation of the EUIPO’s non-financial performance. In accordance with organisational procedures, and in order not to repeat information required for certain disclosures that is already included in other reports, such as the Annual Report and Staff Regulations, a specific reference has been included in the Content Index below to where the referenced material is publicly available and readily accessible. 4.1.2 The Office welcomes your feedback For more information, or to provide comments and suggestions on this first Sustainability Report please contact the Office ([email protected]).

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4.1.3 Assurance report

The financial data is prepared in accordance with Financial Regulation CB-2-03 of the EUIPO: the Accounting Officer of the Office must, by 1 March of the following year, draw up the provisional accounts. By 1 July, the Executive Director of the Office has to present them to the Budget Committee and the Court of Auditors; and they are also sent, for information, to the European Parliament, the Council of the European Union and the European Commission. At the end of the process, the accounts are published in the joint publication of annual accounts in the Official Journal of the European Union. Hence, the annual accounts of the EUIPO must comply with the relevant rules and be accurate, comprehensive, and present a true and fair view. They are drawn up in accordance with generally accepted accounting principles. In addition to the assurance framework presented in the Annual Report, the Office uses its integrated management systems to consolidate and monitor its non-financial data. These systems provide timely, accurate and externally assured information that enable the Office to analyse and track progress against the EUIPO’s strategic objectives. Every year the Office is externally audited on its certified management systems, namely, ISO 9001, OHSAS 18001, ISO 27001, EMAS and UNE 170001. The external audit report for the most recent annual audit of all Office activities for ISO 9001, ISO 27001 and OHSAS was successfully completed on 10 November 2016.

The next audit is scheduled for April 2017, based on dates agreed upon with the external auditors — the Asociación Española de Normalización y Certificación (AENOR).

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4.2 GRI Content Index

Elements not reported under certain aspects have been omitted mostly due to the following reasons: not relevant to operations because there are no protected or areas of high biodiversity value near the Office; the Office operations and suppliers pose no risk for incidents of child labour, forced labour or rights of indigenous people; the Office does not operate in a region where human rights are a major concern; and/or the Office as a public agency cannot contribute to political causes.

4.2.1 GRI Content Index

Disclosure

Number Disclosure Title and Comments Page No and/or URL Reason for omission

IIRC

Content Elements

GRI 102: General Disclosures 2016

Organisational Profile

102-1

Name of the organisation. With the entry into force of Regulation (EU) 2015/2424 of the European Parliament and of the Council on 23 March, the Office for Harmonization of the Internal Market (OHIM) became the European Union Intellectual Property Office (EUIPO)

Who we are (EUIPO website)

Organisational overview & external environment

102-2 Activities, brands, products & services

The EUIPO at a glance Organisational capital

Annual Report of the Office 2016: Volumes and progress in the implementation of the Strategic Plan, pp. 16-25

The Office (EUIPO website)

102-3 Location of headquarters. Alicante, Comunidad Valenciana, Spain

The Office (EUIPO website)

102-4 Location of operations The Office (EUIPO website)

102-5

Ownership & legal form. The Regulation establishing the Office was adopted by the Council of the European Union in December 1993 and revised on two occasions, in 2009 and in 2015. It created the European Union trade mark (formerly known as the Community trade mark) as a legal instrument in European Union law and established the EUIPO (formerly known as OHIM) as an EU agency with legal, administrative and

The Office - Legal background (EUIPO website)

Annual Report of the Office 2016: Mission Statement, pp. 12-13

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4.2.1 GRI Content Index

Disclosure

Number Disclosure Title and Comments Page No and/or URL Reason for omission

IIRC

Content Elements

financial autonomy. Council Regulation (EC) No. 6/2002 of 12 December 2001 created the registered Community design.

102-6 Markets served

The EUIPO at a glance

Facts and Figures (EUIPO website)

102-7 Scale of the organisation

The EUIPO at a glance

Facts and Figures (EUIPO website)

102-8

Information on employees & other workers. Data presented by employment contract (temporary agents & contract agents) and function groups (FG) (AD, AST & FG I-IV).

The EUIPO at a glance

Our staff (EUIPO website)

Management of Resources and Assurance (Appendix 1), Annual Report of the Office 2016, under 1.2.2 Staff Composition, p. 18

Subject to Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies

102-9 Supply chain

Management of Resources and Assurance (Appendix 1), Annual Report of the Office 2016, under 1.1.6 Vendors and payment terms, p. 10

102-10 Significant changes to the organisation & its supply chain

Economic capital

Management of Resources and Assurance (Appendix 1), Annual Report of the Office 2016, under 1.1.6 Vendors and payment terms, p. 10

102-11

Precautionary Principle or approach. The EUIPO takes part in the EU Eco-Management & Audit Scheme (EMAS), a management tool to evaluate, report on & improve environmental performance in organisations.

The EUIPO’s sustainability journey

Quality: An Integrated Management Systems policy (EUIPO website)

102-12 External initiatives. ISO 9001, ISO 27001, ISO 10002, EMAS, UNE 170001, OHSAS 18001, BREEAM

The EUIPO’s sustainability journey

Management of Resources and Assurance (Appendix 1), Annual Report of the Office 2016, under 1.3.2 Office management systems, p. 22-23

Quality: An Integrated Management Systems policy

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4.2.1 GRI Content Index

Disclosure

Number Disclosure Title and Comments Page No and/or URL Reason for omission

IIRC

Content Elements

(EUIPO website)

102-13 Membership of associations Our partners (EUIPO website)

Strategy

102-14 Statement from senior decision-maker

Annual Report of the Office 2016: Message of the Executive Director, pp. 6-10

Business model; Strategy & resource allocation

Ethics and Integrity

102-16 Values, principles, standards & norms of behaviour

The EUIPO and Sustainability

Economic capital

Annual Report of the Office 2016: Our vision and values, p. 15

Organisational overview & external environment

Governance

102-18 Governance structure

Management of Resources and Assurance (Appendix 1), Annual Report of the Office 2016, under 1.3.1 Office internal management bodies & 4.2 EUIPO Governing bodies, pp. 22 & 39-40

Organisational Chart (Appendix 5), Annual Report of the Office 2016

Governance (EUIPO website)

Quality: Integrated Management Systems Manual, pp. 5-6 (EUIPO website)

Governance

Stakeholder Engagement

102-40 List of stakeholder groups EUIPO stakeholders

Stakeholder Relationships (Principle)

102-41

Collective bargaining agreements. Determined by Regulation No 31 (EEC), 11 (EAEC), laying down the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Economic Community and the European Atomic Energy Community

Staff Regulations

EUIPO stakeholders

102-42 Identifying & selecting stakeholders EUIPO stakeholders

102-43 Approach to stakeholder engagement EUIPO stakeholders

102-44 Key topics & concerns raised The EUIPO´s materiality

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4.2.1 GRI Content Index

Disclosure

Number Disclosure Title and Comments Page No and/or URL Reason for omission

IIRC

Content Elements

assessment

Quality — Listening to users (EUIPO website)

Reporting Practice

102-45

Entities included in the consolidated financial statements. The EUIPO’s annual accounts are publicly available & include: (a) financial statements (balance sheet, economic outturn account, cash-flow table, statement of changes in capital); and (b) reports on the EUIPO’s budget implementation.

The Office -Accounts and finance (EUIPO website)

Risks & opportunities

102-46 Defining report content & topic boundaries

About this Report

102-47 List of material topics

The EUIPO’s materiality assessment

The EUIPO’s Sustainability Performance per Capital

102-48 Restatements of information First report prepared by the reporting organisation

102-49 Changes in reporting First report prepared by the reporting organisation

102-50 Reporting period: 2016 calendar year

Basis of preparation & presentation; General reporting guidance

102-51 Date of most recent report First report prepared by the reporting organisation

102-52 Reporting cycle: annual

102-53 Contact point for questions regarding the report. [email protected]

About this Report

102-54 Claims of reporting in accordance with the GRI Standards

About this Report

102-55 GRI content index GRI content index Elements not reported under certain aspects

102-56

External assurance. The Office successfully completed the annual audit of all Office activities for ISO 9001, ISO 27001 and OHSAS. Only four non-conformities were observed and they concern areas where actions are already being taken, validated by the Asociación Española de Normalización y Certificación (AENOR). AENOR is also the accredited environmental verifier and its accreditation number as an environmental verifier is ES-V-0001.

Assurance Report

Management of Resources and Assurance (Appendix 1), Annual Report of the Office 2016, under 2. Management Assurance; 3. Declaration of Assurance; 4.1.4 European Court of Auditors; 4.1.5 Certified management systems external audits, pp. 28-29 & 34-38

Environmental Statement,

Only available in Spanish

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4.2.1 GRI Content Index

Disclosure

Number Disclosure Title and Comments Page No and/or URL Reason for omission

IIRC

Content Elements

p. 48, valid for a period of one year from the validation date (27/05/2017)

4.2.2 GRI Topic-specific standards

Disclosure

Number Disclosure Title & Comments Page No and/or URL Omissions and/or external assurance

GRI 200: Economic 2016

201: Economic Performance

103: Management Approach The EUIPO's official financial reports include the Budget, the Annual accounts, the Report on budgetary and financial management, and the Report from the European Court of Auditors. Regulation No CB-1-15 of the Budget Committee lays down the financial provisions applicable to the Office. In accordance therewith, the Accounting Officer must draw up the provisional accounts by 1 March of the following year, and the Executive Director of the EUIPO must present them to the Budget Committee and the Court of Auditors by 1 July. They are also sent for information to the European Parliament, the Council of the European Union and the European Commission. At the end of the process, the accounts are published in the joint publication of annual accounts in the Official Journal of the European Union. Regulation No CB-2-15 of the Budget Committee of 26 November 2015 lays down detailed rules for the implementation of Regulation No CB-1-15.

201-1 Direct economic value generated & distributed

The EUIPO at a glance

Economic capital

Management of Resources and Assurance (Appendix 1), Annual Report of the Office 2016, under 1.1.1 The Budget and its implementation in general terms, pp. 4-5

The Office - Accounts and finance (EUIPO website)

201-3 Defined benefit plan obligations & other retirement plans

Staff Regulations, Rights & obligations of officials, Articles 11-26a & Articles 52-53

201-4 Financial assistance received from government. European Community subsidy = zero

Budget of the EUIPO (formerly OHIM) for 2016, p. 7 (EUIPO website)

At the EUIPO all operations are financed through registration fees without imposing any burden on the European Union or its taxpayers.

202: Market Presence

103: Management Approach. In accordance with the Staff Regulations, the Office does not recruit staff based on nationality, nor does it apply quotas. However, the Treaties seek to establish a certain geographical balance of its workforce.

202-1 Ratios of standard entry level wage by gender compared to local minimum wage

Staff Regulations, Remuneration, Articles 62-70

Regulation No 422/2014 —

An official who is duly appointed will be entitled to the remuneration carried by his or her grade and step, not by gender, as defined in the Staff Regulations.

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4.2.2 GRI Topic-specific standards

Disclosure

Number Disclosure Title & Comments Page No and/or URL Omissions and/or external assurance

an overview of the basic salary and allowances

202-2

Proportion of senior management hired from the local community. The Office is pursuing a certain geographical balance of its workforce through raising awareness & the recruitment of under-represented nationalities.

Management of Resources and Assurance (Appendix 1), Annual Report of the Office 2016, under 1.2.2 Staff Composition, pp. 18-19

203: Indirect Economic Impacts

103: Management Approach. Same approach as in Economic Performance. Additionally, the Alicante Chamber of Commerce publishes a biennial report (only available in Spanish) on the direct and indirect impact of the Office in the Valencian Autonomous Community. The most recent report was published in 2016, although figures correspond to 2015.

203-1 Infrastructure investments & services supported

Economic capital

SP2020, pp. 102-103

Annual Report of the Office 2016: Key Achievements in 2016 (Working Environment), pp. 38-40

Management of Resources and Assurance (Appendix 1), Annual Report of the Office 2016, under 1.1.5 Expenditure and payments, pp. 8-9

203-2 Significant indirect economic impacts

Economic capital

SP2020, pp. 102-103, 135-136

Informe de impacto de la EUIPO en la Comunidad

(EUIPO Valenciana en 2015website)

Figures correspond to 2015

204: Procurement Practices

103: Management Approach. All are governed by Regulation (EU, EURATOM) No 966/2012 of the European procurement proceduresParliament and Council, which is applicable to the Union’s general budget together with its rules of application (Commission Delegated Regulation (EU) No 1268/2012), as amended.

204-1 Proportion of spending on local suppliers Percentage of amounts paid to suppliers per country.

Management of Resources and Assurance (Appendix 1), Annual Report of the Office 2016, under 1.1.6 Vendors and payment terms; & 1.1.9 Procurement and grants, pp. 10 & 14-16

205: Anti-corruption

103: Management Approach. Internally, the Risk Management team of the Corporate Governance Service is in charge of coordinating efforts to manage risk across the Office. At the EUIPO, risk is defined as: ‘Any event or issue that could occur and adversely impact the

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4.2.2 GRI Topic-specific standards

Disclosure

Number Disclosure Title & Comments Page No and/or URL Omissions and/or external assurance

achievement of the Office’s strategic and business objectives. Lost opportunities are also considered as risks.’ Enterprise Risk Management is a continuous, proactive and systematic process of identifying, assessing, and managing risks in line with the accepted risk levels, carried out at every level of the Office to provide reasonable assurance as regards the achievement of its objectives. Externally, in order to increase the means for combating fraud, the European Commission (EC) created the European Anti-Fraud Office (OLAF), whose mission is to protect the financial interests of the European Union by investigating fraud, corruption and other illegal activities. The EUIPO is in the process of establishing a procedure for those agents who, in the course of their duties, become aware of facts that give rise to a suspicion of the existence of possible illegal activity, including fraud. The procedure includes informing both management and staff alike that in the event of suspicion of fraud, the Office will refer the file directly to OLAF as a matter of urgency. It aims to foster collaboration with OLAF concerning the reporting of suspected fraud cases and indeed provide full cooperation regarding cases under investigation.

205-1 Operations assessed for risks related to corruption

Economic capital

Management of Resources and Assurance (Appendix 1), Annual Report of the Office 2016, under 1.3.2 Office management systems; and Annexes – 4.1 Audit, control standards and anti-fraud strategy, pp. 22-23 & 30-32

SP2020, p. 109

205-2 Communication & training about anti-corruption policies & procedures

Economic capital

SP2020, p. 109

Management of Resources and Assurance (Appendix 1), Annual Report of the Office 2016, under 4.1.3 Anti-fraud strategy, pp. 33-34

Staff Regulations, Rights & obligations of officials, Article 22a

206: Anti-competitive Behaviour

103: Management Approach. Regulation (EU) 2015/2424 of the European Parliament and the Council amending the Community trade mark regulation entered into force on 23 March 2016. The Amending Regulation brought about changes in three different areas: trade mark fees, technical changes and institutional changes for the EUIPO. In particular, it seeks to:

streamline proceedings and increase legal certainty;

clearly define all the tasks of the Office including the framework for cooperation and convergence of practices between the Office and the industrial property offices of the Member States;

revise the fees payable to the Office, including an overall reduction in their amounts, particularly significant in the case of renewals, and the adoption of a one-class-per-fee system.

206-1 Legal actions for anti-competitive behaviour, anti-trust & monopoly practices

Economic capital

New European Union trade mark regulation

(EUIPO website)

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4.2.2 GRI Topic-specific standards

Disclosure

Number Disclosure Title & Comments Page No and/or URL Omissions and/or external assurance

GRI 300: Environmental 2016

103: Management Approach (applicable to all environmental aspects). Since as early as 2008, the Office has taken a proactive approach on environmental matters by voluntarily adhering to the EU Eco-Management and Audit Scheme ( ), a management tool to evaluate, EMASreport on and improve environmental performance in organisations. It has achieved EMAS registration and successfully run an Environmental Management System in line with ISO 14001. Every year, the Office publishes an environmental statement validated by an accredited verifier, in which the results achieved are set out against the objectives, as well as any future plans to improve the Office’s environmental performance.

301: Materials

301-1

Materials used by weight or volume. The main materials that the EUIPO consumes in the performance of its activities are paper and toner for printers.

Environmental capital

Environmental Statement, pp. 30-32

Validated by the Asociación Española de Normalización y Certificación (AENOR), valid for a period of 1 year from the validation date (27/05/2017). Only available in Spanish

302: Energy

103: Management Approach. The Office is participating in the European Code of Conduct for Energy Efficiency in Data Centres, following the European Court of Auditors’ (ECA) recommendation.

302-1 Energy consumption within the organisation

The corresponding indicator in 1.3.8, Quantity of renewable energy produced on-site is currently under revision (updated data will be included in the 2017 Sustainability Report).

302-3

Energy intensity. On-site worker includes: number of employees (statutory & non-statutory) seated or with a fixed workspace + number of auxiliary personnel from service providers who do not have a workspace but have an impact on consumption (maintenance, gardening, cleaning & waste, catering, reprography, event & security). Electricity & gas consumption is obtained from the invoices issued by the energy provider. Plus, total MWh produced — by DWh, photovoltaic panels, wind turbines & geothermal — on the EUIPO’s premises/Total energy consumed (gas + electricity).

Environmental capital

Environmental Statement, pp. 26-30

Validated by the Asociación Española de Normalización y Certificación (AENOR), valid for a period of 1 year from the validation date (27/05/2017). Only available in Spanish

303: Water

103: Management Approach. The water used on the EUIPO’s premises originates entirely from the municipal water supply network, the service provider is Aguas de Alicante.

303-1 Water withdrawal by source

Environmental capital

Environmental Statement, pp. 32-33

Validated by the Asociación Española de Normalización y Certificación (AENOR), valid for a period of 1 year from the validation date (27/05/2017). Only available in Spanish

304: Biodiversity

103: Management Approach. The EUIPO’s operation site is not located in a protected area or an area of high biodiversity value. Nonetheless, its annual Environmental Statement includes specific data on plant species situated both inside and outside the buildings and the number of specimens.

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4.2.2 GRI Topic-specific standards

Disclosure

Number Disclosure Title & Comments Page No and/or URL Omissions and/or external assurance

304-3 Habitats protected or restored Environmental Statement, pp. 36-38

Validated by the Asociación Española de Normalización y Certificación (AENOR), valid for a period of 1 year from the validation date (27/05/2017). Only available in Spanish

305: Emissions

103: Management Approach. Greenhouse Gas Protocol methodology is applied for calculating the greenhouse gas emissions, also referred to as the Carbon Footprint or CO2 emissions equivalent. The conversion factors used are based on the DEFRA Guidelines (DECC’s GHG Conversion Factors). An external auditor validates the accuracy and quality of the report on an annual basis.

305-4

GHG emissions intensity Total quantity of greenhouse gas emissions generated by the Office per on-site worker. Calculation formula: ∑(Value of source* Defra/DECC’s GHG Conversion Factor)/Total number of on-site workers. On-site worker includes number of employees seated or with a fixed workspace + number of auxiliary personnel from service providers (catering, security, reprography, maintenance & cleaning).

Environmental capital

Environmental Statement, pp. 38-40

Validated by the Asociación Española de Normalización y Certificación (AENOR), valid for a period of 1 year from the validation date (27/05/2017). Only available in Spanish

306: Effluents & Waste

103: Management Approach. The waste water network of the EUIPO’s premises is connected to the municipal collector.

Waste generated by the EUIPO can be divided into two large groups: hazardous and non-hazardous. The waste generated by the Office,

managed by the EUIPO itself through its eco-park are included in the Environmental Statement.

306-1

Water discharge by quality and

destination. The discharge produced by the

EUIPO consists of sanitary waste water from

the toilets, gym and cafeteria and catering

service.

Environmental Statement, p. 32

Validated by the Asociación Española de Normalización y Certificación (AENOR), valid for a period of one year from the validation date (27/05/2017). Only available in Spanish

306-2

Waste by type & disposal method. The

total quantity of waste generated by the

EUIPO in 2016 was 215 773 tonnes,

0.135338 t/employee (135.33 kg/employee).

Environmental Statement, pp. 33-34

Validated by the Asociación Española de Normalización y Certificación (AENOR), valid for a period of one year from the validation date (27/05/2017). Only available in Spanish

306-3

Significant spills. The EUIPO has

absorbent material, in order to act in the

event of an incident or spill that could have

an impact on discharge. In 2016 there were

no water leaks in the network or any

evidence of undue discharge.

Environmental Statement, p. 41

Validated by the Asociación Española de Normalización y Certificación (AENOR), valid for a period of one year from the validation date (27/05/2017). Only available in Spanish

307: Environmental Compliance

103: Management Approach. All applicable legislation is listed in the EUIPO’s annual Environmental Statement by relevant aspect: general, water (supply & sanitation), energy efficiency, atmospheric emissions, waste, noise, health, industrial safety, and others.

307-1

Non-compliance with environmental laws & regulations. During 2016, there were no instances of non-compliance with legal provisions.

Environmental Statement, pp. 17 & 44-47

Validated by the Asociación Española de Normalización y Certificación (AENOR), valid for a period of one year from the validation date (27/05/2017). Only available in Spanish

308: Supplier Environmental Assessment

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Disclosure

Number Disclosure Title & Comments Page No and/or URL Omissions and/or external assurance

103: Management Approach. Indirect environmental aspects are identified for each provider specifically at the time they start their activity at the EUIPO, which is also when they are informed about the environmental policy and requirements that must be followed. Subsequently, said companies are regularly monitored in order to ensure that they comply with the established standards.

308-1

New suppliers that were screened using environmental criteria. The activities for which environmental impact is assessed also include those carried out for us under contract. Contractors are requested to comply with the EUIPO’s environmental policy, which is annexed to all relevant tender documentation.

Quality — EUIPO Management Systems standards: Environment (EUIPO website)

Public Procurement — General Terms and conditions of EUIPO (EUIPO website)

Environmental Statement, p. 20

Validated by the Asociación Español de

Normalización y Certificación (AENOR), valid

for a period of one year from the validation

date (27/05/2017). Only available in Spanish

308-2

Negative environmental impacts in the supply chain & actions taken. Each service provider performs a series of activities associated with their own environmental aspects: waste generation, noise emission, waste water discharge, emission of gases into the atmosphere & consumption of natural resources associated with their activities. In 2016, no indirect environmental aspect was assessed as significant.

Environmental Statement, p. 20

Validated by the Asociación Español de Normalización y Certificación (AENOR), valid for a period of one year from the validation date (27/05/2017). Only available in Spanish

GRI 400: Social 2016

401: Employment

103: Management Approach. The Staff Regulations of Officials of the European Communities cover the relationship under which work is performed for the EUIPO. It includes policies & practices with respect to general provisions, rights & obligations, career, working conditions & emoluments & social security benefits of Officials, plus disciplinary measures, appeals & special or exceptional provisions.

401-1

New employee hires & employee turnover. Data presented by employment contract (temporary agents & contract agents) and function groups (FG) (AD, AST & FG I-IV).

Management of Resources and Assurance (Appendix 1), Annual Report of the Office 2016, under 1.2.3 Recruitment and departures over the year, pp. 19-20

No data available by age group for new hires. No data available by age group, gender & nationality for turnover. Subject to Regulation (EC) N° 45/2001 of the European Parliament & of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions & bodies.

401-2 Benefits provided to full-time employees that are not provided to temporary or part-time employees.

Staff Regulations, Chapters 10 & 11, Special provisions for members of temporary staff, Articles 50b-50c & 51-56

401-3

Parental leave

All statutory staff complying with the

specifications of Article 42a (basically with a

child aged under 12) is entitled to 6 months

Staff Regulations, Parental or family leave, Articles 42a-42b

Management of Resources

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4.2.2 GRI Topic-specific standards

Disclosure

Number Disclosure Title & Comments Page No and/or URL Omissions and/or external assurance

of parental leave.

The number of staff that took parental leave

in 2016 is 117; 91 women (77.78 %) and 26

men (22.22 %), with a return rate of 100 % In accordance with the Staff Regulations, any parental leave ends after a total accumulated period of six months for each child (being doubled for single parents).

and Assurance (Appendix 1), Annual Report of the Office 2016, under 1.2.5 Working conditions, p. 20

Staff engagement (not covered by the topic-specific standard)

1.1 Staff highly engaged. The reported data is the result of the last available Staff Satisfaction Survey performed in January 2016.

EUIPO stakeholders Human capital

New data will be available when a new staff survey is implemented (planned for 2018). The milestones are set also for the next Staff Satisfaction Survey, and therefore will remain unchanged until new data are available.

402: Labour/Management Relations

103: Management Approach. The Staff Regulations of Officials of the European Communities cover the relationship under which work is performed for the EUIPO. It includes policies & practices with respect to general provisions, rights & obligations, career, working conditions & emoluments & social security benefits of Officials, plus disciplinary measures, appeals & special or exceptional provisions.

402-1 Minimum notice periods regarding operational changes. The notice period and provisions may be the subject of consultations by representative trade unions and staff associations.

Staff Regulations, General provisions, Articles 10, 10a-10c

403: Occupational Health & Safety

103: Management Approach. The Staff Regulations of Officials of the European Communities stipulates that Officials in active employment are accorded working conditions complying with appropriate health & safety standards at least equivalent to the minimum requirements applicable under measures adopted in these areas pursuant to the Treaties. Furthermore, the Office achieved certification to OHSAS 18001:2007, a recognised standard for occupational health and safety management. It helps organisations gain better control over occupational health and safety risks, while improving their overall performance. Since 2014, the EUIPO has had an Occupational Risks Prevention Service (Servicio de Prevención Propio), which takes over the specialities of safety, ergonomics and applied psychology. Spanish Law 31/95 de Prevención de Riesgos Laborales provides that prevention services can be outsourced to other professionals or entities, when necessary, to carry out activities that require special skills or highly complex facilities.

403-1

Workers representation in formal joint management-worker health & safety committees The Health, Safety & Environmental Committee (HSEC) is a joint body that aims to regularly & periodically review the performance of the EUIPO in terms of risk prevention. It is made up of a chairperson, four representatives of the administration & four representatives of the Staff Committee.

Integrated Management System Roles Description, p. 6 (EUIPO website)

Validated by the Asociación Española de Normalización y Certificación (AENOR).

403-2

Types of injury and rates of injury, occupational diseases, lost days & absenteeism, number of work-related fatalities

Staff Regulations, Leave, Articles 59 & 60 Human capital

Data only available by days of absenteeism (long & short term) National law follows the ILO Code of Practice

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Disclosure

Number Disclosure Title & Comments Page No and/or URL Omissions and/or external assurance

Calculation formulas: (Σ sick days in the period — long-term sick leaves)/(Active statutory staff in the period * Working percentage during the period * Number of working days in the period) (Σ long-term sick leaves)/(Active statutory staff in the period * working percentage during the period * Number of working days in the period).

on Recording and Notification of Occupational Accidents and Diseases (Code of Practice)

403-4 Health and safety topics covered in formal agreements with trade unions

Staff Regulations, General provisions, Article 1e

404: Training & Education

103: Management Approach. As part of its talent management strategy, the Office aims to recognise and optimise its use of staff talent in order to increase efficiency and performance, and further support career and professional development. To facilitate implementation, the Office’s talent management tool was launched on 25/01/2016. This tool is for recording, identifying and managing the talents of the EUIPO staff. Talents include: education, professional experience, languages, training, skills and expertise, personal and professional interests. The objective is twofold: to enable the Office to look for talents internally to meet current and future needs, as well as to promote talent and career development of staff.

404-1

Average hours of training per year per employee Calculation formula: Monthly cumulative FTE training days taken by the EUIPO staff/No of EUIPO staff (the ratio is calculated for the EUIPO statutory staff).

Human capital Annual Report of the Office 2016: Key Achievements in 2016 (Internal Knowledge Management), pp. 36-37

No data available by gender or employee category

404-2 Programmes for upgrading employee skills & transition-assistance programmes

Human capital

404-3

Percentage of employees receiving regular performance & career development reviews On average, slightly more men than women were given an overall assessment OUT, SALR and ALR (51 % v 48 %). 5 % more men than women were given the overall assessment ADWP.

Staff Regulations, Reports, advancement to a higher step and promotion, Articles 43 & 44, 87(1)

Human capital

The jobholders who must be appraised are Officials, temporary agents, contract agents & seconded national & international experts. Members & chairpersons of the Boards of Appeal & the President & Vice-President of the Office are not appraised under this procedure, or external staff (agency staff, consultants, trainees, special advisers, etc.) based on the Regulation establishing the Office and its amendments.

405: Diversity & Equal Opportunity

103: Management Approach. Staff Regulations Article 1c states that, ‘Any reference in these Staff Regulations to a person of the male sex shall be deemed also to constitute a reference to a person of the female sex, and vice-versa, unless the context clearly indicates otherwise.’

405-1

Diversity of governance bodies & employees Data based on percentage of staff by gender, age range and nationality per year, to calculate diversity based on standard deviation formula.

The EUIPO at a glance

Human capital

Management of Resources and Assurance (Appendix 1), Annual Report of the Office 2016, under 1.2.2 Staff Composition, pp. 18-19

405-2 Ratio of basic salary and remuneration of Staff Regulations, An Official who is duly appointed is entitled to

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Disclosure

Number Disclosure Title & Comments Page No and/or URL Omissions and/or external assurance

women to men Remuneration, Articles 62-70

Regulation No 422/2014 — an overview of the basic salary and allowances

the remuneration carried by his or her grade and step, not by gender, as defined in the Staff Regulations.

406: Non-discrimination

103: Management Approach. Staff Regulations Article 1d states that, ‘any discrimination based on any ground such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age, or sexual orientation shall be prohibited.’ Furthermore, the EUIPO promotes universal access as a means to achieving equal opportunities in the workplace. The EUIPO holds the AENOR universal accessibility (UNE 170001) standard certification for persons with special needs. It guarantees that all architectonic measures have been taken so that anyone, no matter what their age or disability, can access any part of the premises and their surroundings.

406-1

Incidents of discrimination & corrective actions taken Any disagreement on compliance with the Staff Regulations or internal rules may lead to the lodging of appeals against the Office. During 2016, there were no incidents of discrimination nor were corrective actions taken.

Staff Regulations, Disciplinary measures, Article 86 & Appeals, Article 90(2)

410: Security Practices

103: Management Approach. The mission of the EUIPO Security Services is to provide a safe and secure working environment within the

EUIPO. The members of the EUIPO Security Services and the external Security Contractor are committed to provide the highest quality of

security services (aligned with SP2020 terms on security threats) with an emphasis on enhancing the well-being and satisfaction of the

EUIPO staff members, visitors and others on the EUIPO’s premises.

410-1 Security personnel trained in human rights policies or procedures

The current security service provider has its own values and ethics code, and offers wide training curricula and has its own training centres. The guards are evaluated through competency analysis, based on which a detailed and well-prepared learning curriculum will be developed for the entire period of 2016-2020, according to the needs identified.

413: Local Communities

103: Management Approach. The EUIPO was created as a decentralised agency of the European Union to offer IP rights protection to businesses and innovators across the European Union (EU). Since its foundation in 1994, the Office has been based in Alicante, Spain, managing registration of European Union trade marks and registered Community designs. Hence, the geographical definition of ‘local’ community impacted by the EUIPO’s operations comprises all 28 countries of the EU.

413-1 Operations with local community engagement, impact assessments & development programmes

EUIPO stakeholders

Social & Relational capital

Environmental capital

Economic capital

Informe de impacto de la EUIPO en la Comunidad Valenciana en 2015 (EUIPO

Figures correspond to 2015

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Disclosure

Number Disclosure Title & Comments Page No and/or URL Omissions and/or external assurance

website)

Integrated Management System Roles Description (EUIPO website)

414: Supplier Social Assessment

103: Management Approach. All procurement procedures are governed by Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council, which is applicable to the Union’s general budget together with its Rules of Application (Commission Delegated Regulation (EU) No 1268/2012), as amended.

414-1 New suppliers that were screened using social criteria The EUIPO’s screening process for tenderers includes the following documentation:

Guidebook for economic operators

General Terms and conditions of the EUIPO

Integrated Management Systems Policy

Financial identification form

Declaration on honour on exclusion and selection criteria.

Public Procurement (EUIPO website)

417. Marketing and Labelling

103. Management approach. The European Observatory on Infringements of Intellectual Property Rights develops tools and promotes best practice to enhance protection of this critical asset for companies and individuals. The Observatory works as a think tank that gathers, monitors and reports crucial information to assist policymakers and authorities engaged in protecting and enforcing IP rights. It is also the gateway to several databases related to the enforcement of IP rights, such as the Enforcement Database, which includes information on goods protected by IP rights and helps enforcement authorities to recognise counterfeit goods, and ACIST, which holds information and data on counterfeit goods. It also develops databases of publicly accessible orphan works.

IP rights (not covered by the topic specific standard)

Core activities:

raising public awareness;

delivering specialised enforcement training;

developing systems to gather, analyse, report and exchange key information on the scope and scale of and trends in counterfeiting and piracy in the European Union (EU);

providing evidence-based data to enable EU policymakers to shape effective IP enforcement policies and to support innovation and creativity.

Social & Relational capital

Annual Report of the Office 2016: Line of Action 4 – Intensify Network Engagement, pp. 50-55

European Observatory (EUIPO website)

418: Customer Privacy

103: Management Approach. The EUIPO’s information security policy is based on ISO 27001, a world-class management standard that provides a methodology for managing information security in all sorts of organisations. For the EUIPO, this certification means that the Office can assure its users that best practices in information security are followed. The EUIPO has been certified to the ISO 27001 standard since 2004, and was among the first organisations worldwide to achieve certification and the first in Spain, where the Office is based.

418-1 Substantiated complaints concerning breaches of customer privacy & losses of customer data

Organisational capital

Annual Report of the Office

Validated by the Asociación Española de Normalización y Certificación (AENOR).

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Disclosure

Number Disclosure Title & Comments Page No and/or URL Omissions and/or external assurance

The indicator measures a total number of weighted serious IT Security Incidents and preventive security measures in the Office’s systems. It is composed of the number of closed and pending serious IT incidents (affecting security of an IT service and/or data) during the month minus the total number of preventive security measures (PRF Security implemented and Security tests) applied to Office systems during the same month.

2016: Line of Action 2 – Increase Transparency and Accountability (Data Protection), p. 44

Annual Report of the Office 2016: EUIPO Digital Systems (Increase IT Security), p. 49

419: Socioeconomic Compliance

103: Management Approach. The Office has obligations and commitments stemming from several sources, including EU regulations and applicable laws, international agreements, commitments to stakeholders and management policies and guidelines. Under the SP2020’s Line of Action 2, Increase transparency and accountability, the Office has defined a specific objective (2.2) to ensure swift alignment with all applicable regulations and implementing rules. Furthermore, the Seat Agreement, signed by the Office and the Kingdom of Spain in 2011, establishes the provisions applicable to relations between the Office and Spain, especially regarding privileges & immunities, exemptions & financial facilities granted to the Office & its statutory staff & other measures to be taken by Spanish authorities in order to facilitate effective cooperation & support, which are essential for the satisfactory functioning of the Office.

419-1

Non-compliance with laws & regulations in the social & economic area The EUIPO has not identified any non-compliance with laws and/or regulations.

Strategic Plan 2020, pp. 108-109

Management of Resources and Assurance (Appendix 1), Annual Report of the Office 2016, under 4.1.2 Compliance and effectiveness of internal control standards, p. 33

Sector Supplement for Public Agencies

103: Management Approach. Since 2009, the EUIPO’s Quality Management System has been certified to ISO 9001 standard for all design-related activities. In 2012, the scope of certification was extended to cover all trade mark activities, legal affairs and the Boards of Appeal. In October 2013, the Office achieved certification for all its activities, namely:

the processing and management of the European Union trade mark and registered Community design registration systems;

appeal procedures;

international cooperation;

knowledge sharing on enforcement of Intellectual Property Rights;

support and management activities.

Administrativ

e Efficiency

The results of assessments of the

efficiency and effectiveness of services

provided by the public agency, including

the actions taken to achieve improvements in

service delivery.

EUIPO Service Charter (EUIPO website)

EUIPO stakeholders

The EUIPO´s Sustainability Performance per Capital

Organisational capital

Social & Relational capital

Annual Report of the Office

Validated by the Asociación Española de

Normalización y Certificación (AENOR)

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Disclosure

Number Disclosure Title & Comments Page No and/or URL Omissions and/or external assurance

2016: Line of Action 5 – Enhance customer-driven quality services, pp. 56-63

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5. Abbreviations EPO European Patent Office ETMDN European Trade Mark and Design Network EUIPN European Union Intellectual Property Network EUIPO European Union Intellectual Property Office EUTMs European Union trade marks RCDs Registered Community Designs SP2020 Strategic Plan 2016-2020 WIPO World Intellectual Property Organization