Explanatory Memorandum to COM(2007)445 - Amendment of Regulation (EC) No 2100/94 as regards the entitlement to file an application for a Community plant variety right

Please note

This page contains a limited version of this dossier in the EU Monitor.

dossier COM(2007)445 - Amendment of Regulation (EC) No 2100/94 as regards the entitlement to file an application for a Community plant variety ...
source COM(2007)445 EN
date 25-07-2007
Article 12 of the Community Regulation on plant variety rights sets out the conditions for the entitlement to file an application for a Community plant variety right. According to this provision, only breeders from countries which are members of the International Union for the Protection of New Varieties of Plants (UPOV) are entitled to apply for a Community plant variety right (CPVR) under the same rules as for applicants from a Member State.

For other applicants, the Commission has to decide whether they are entitled to file an application. According to Article 12(1)(b) of the Regulation, such a decision may be subject to reciprocal and equivalent requirements. The provision stipulates that the Commission’s decision may depend on whether the country in question,

affords protection for varieties of the same botanical taxon,

affords this protection to nationals of all Member States,

and whether the level of protection afforded corresponds to the protection provided by Regulation (EC) 2100/94.

Objective of the proposed amendment

To facilitate trade and align the provisions of the Regulation with other Community law, it appears necessary to amend Regulation 2100/94 so that the conditions for entitlement to file an application for the CPVR are simplified and one application system for all applicants is introduced.

Potential impact of the amendment

Deleting the provisions of Article 12(1)(a) and 12(1)(b) will contribute to the simplification of Community legislation.

Since its establishment in 1994 the Community Plant Variety Office has received 27317 applications for Community Plant Variety Rights (situation on 28 February 2007). 4693 applications (17.1 %) originated from non-EU countries. During the whole period only 89 applications were received from applicants of third countries which were not member of UPOV, requiring a Commission decision in accordance with Article 12(1)(b).

Therefore, considering the twelve years experience with the implementation of the Regulation and the number and situation of countries which are not member of UPOV, this proposal will have no noticeable impact on small or medium-sized undertakings in the Member States.

The proposal has no new financial implications for the Community budget.