Regulation 1996/1610 - Creation of a supplementary protection certificate for plant protection products

Please note

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

1.

Current status

This regulation has been published on August  8, 1996 and entered into force on February  8, 1997.

2.

Key information

official title

Regulation (EC) No 1610/96 of the European Parliament and of the Council of 23 July 1996 concerning the creation of a supplementary protection certificate for plant protection products
 
Legal instrument Regulation
Number legal act Regulation 1996/1610
Original proposal COM(1994)579 EN
CELEX number i 31996R1610

3.

Key dates

Document 23-07-1996
Publication in Official Journal 08-08-1996; Special edition in Slovak: Chapter 03 Volume 019,Special edition in Bulgarian: Chapter 03 Volume 019,Special edition in Lithuanian: Chapter 03 Volume 019,OJ L 198, 8.8.1996,Special edition in Polish: Chapter 03 Volume 019,Special edition in Hungarian: Chapter 03 Volume 019,Special edition in Maltese: Chapter 03 Volume 019,Special edition in Czech: Chapter 03 Volume 019,Special edition in Romanian: Chapter 03 Volume 019,Special edition in Estonian: Chapter 03 Volume 019,Special edition in Slovenian: Chapter 03 Volume 019,Special edition in Latvian: Chapter 03 Volume 019,Special edition in Croatian: Chapter 03 Volume 063
Effect 08-02-1997; Entry into force Date pub. + 6 Month See Art 21
02-01-1998; Partial application See Art 20
End of validity 31-12-9999

4.

Legislative text

Avis juridique important

|

5.

31996R1610

Regulation (EC) No 1610/96 of the European Parliament and of the Council of 23 July 1996 concerning the creation of a supplementary protection certificate for plant protection products

Official Journal L 198 , 08/08/1996 P. 0030 - 0035

REGULATION (EC) No 1610/96 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 23 July 1996 concerning the creation of a supplementary protection certificate for plant protection products

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 100a thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the Economic and Social Committee (2),

Acting in accordance with the procedure referred to in Article 189b of the Treaty (3),

  • (1) 
    Whereas research into plant protection products contributes to the continuing improvement in the production and procurement of plentiful food of good quality at affordable prices;
  • (2) 
    Whereas plant protection research contributes to the continuing improvement in crop production;
  • (3) 
    Whereas plant protection products, especially those that are the result of long, costly research, will continue to be developed in the Community and in Europe if they are covered by favourable rules that provide for sufficient protection to encourage such research;
  • (4) 
    Whereas the competitiveness of the plant protection sector, by the very nature of the industry, requires a level of protection for innovation which is equivalent to that granted to medicinal products by Council Regulation (EEC) No 1768/92 of 18 June 1992 concerning the creation of a supplementary protection certificate for medicinal products (4);
  • (5) 
    Whereas, at the moment, the period that elapses between the filing of an application for a patent for a new plant protection product and authorization to place the said plant protection product on the market makes the period of effective protection under the patent insufficient to cover the investment put into the research and to generate the resources needed to maintain a high level of research;
  • (6) 
    Whereas this situation leads to a lack of protection which penalizes plant protection research and the competitiveness of the sector;
  • (7) 
    Whereas one of the main objectives of the supplementary protection certificate is to place European industry on the same competitive footing as its North American and Japanese counterparts;
  • (8) 
    Whereas, in its Resolution of 1 February 1993 (5) on a Community programme of policy and action in relation to the environment and sustainable development, the Council adopted the general approach and strategy of the programme presented by the Commission, which stressed the interdependence of economic growth and environmental quality; whereas improving protection of the environment means maintaining the economic competitiveness of industry; whereas, accordingly, the issue of a supplementary protection certificate can be regarded as a positive measure in favour of environmental protection;
  • (9) 
    Whereas a uniform solution at Community level should be provided for, thereby preventing the heterogeneous development of national laws leading to further disparities which would be likely to hinder the free movement of plant protection products within the Community and thus directly affect the functioning of the internal market; whereas this is in accordance with the principle of subsidiarity as defined by Article 3b of the Treaty;
  • (10) 
    Whereas, therefore, there is a need to create a supplementary protection certificate granted, under the same conditions, by each of the Member States at the request of the holder of a national or European patent relating to a plant protection product for which marketing authorization has been...

More

This text has been adopted from EUR-Lex.

6.

Original proposal

 

7.

Sources and disclaimer

For further information you may want to consult the following sources that have been used to compile this dossier:

This dossier is compiled each night drawing from aforementioned sources through automated processes. We have invested a great deal in optimising the programming underlying these processes. However, we cannot guarantee the sources we draw our information from nor the resulting dossier are without fault.

 

8.

Full version

This page is also available in a full version containing the summary of legislation, de geconsolideerde versie, the legal context, de Europese rechtsgrond, other dossiers related to the dossier at hand and finally the related cases of the European Court of Justice.

The full version is available for registered users of the EU Monitor by ANP and PDC Informatie Architectuur.

9.

EU Monitor

The EU Monitor enables its users to keep track of the European process of lawmaking, focusing on the relevant dossiers. It automatically signals the newly added documents and subsequent meetings in which these are scheduled for discussion or vote. The latest state of affairs is conveniently presented in such a way that a single glance is sufficient to keep informed. By way of alerts through e-mail or digital newsletters users and their clients are kept in the loop 24/7.

If you are interested in the EU Monitor, please contact us at info@eumonitor.eu.