Commission Regulation (EC) No 930/2000 of 4 May 2000 establishing implementing rules as to the suitability of the denominations of varieties of agricultural plant species and vegetable species

• Coming into Force: 25 May 2000
• End of Effective Date: 11 August 2009
• Celex Number: 32000R0930
• ELI: http://data.europa.eu/eli/reg/2000/930/oj
• Published date: 05 May 2000
• Date: 04 May 2000
• Official Gazette Publication: Official Journal of the European Communities, L 108, 05 May 2000

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Commission Regulation (EC) No 930/2000 of 4 May 2000 establishing implementing rules as to the suitability of the denominations of varieties of agricultural plant species and vegetable species

Official Journal L 108 , 05/05/2000 P. 0003 - 0006

Commission Regulation (EC) No 930/2000

of 4 May 2000

establishing implementing rules as to the suitability of the denominations of varieties of agricultural plant species and vegetable species

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 70/457/EEC of 29 September 1970 on the common catalogue of varieties of agricultural plant species(1), as last amended by Directive 98/96/EC(2), and in particular Article 9(6) thereof,

Having regard to Council Directive 70/458/EEC of 29 September 1970 on the marketing of vegetable seed(3), as last amended by Directive 98/96/EC, and in particular Article 10(6) thereof,

Whereas:

(1) Directives 70/457/EEC and 70/458/EEC have laid down general rules in relation to the suitability of variety denominations, by means of a reference to Article 63 of Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights(4), as amended by Regulation (EC) No 2506/95(5).

(2) For the purposes of the application of Directives 70/457/EEC and 70/458/EEC, it is appropriate to establish detailed rules for the application of the criteria set out by Article 63 of Regulation (EC) No 2100/94, in particular in respect of the impediments for the designation of a variety denomination as specified in paragraphs 3 and 4 thereof. In a first phase, such detailed rules should be limited to the following impediments:

- use precluded by the prior right of a third party,

- difficulties as regards recognition or reproduction,

- denominations which are identical or may be confused with a variety denomination of another variety,

- denominations which are identical or may be confused with other designations,

- misleading or causing confusion concerning the characteristics of the variety or other features.

(3) The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry,

HAS ADOPTED THIS REGULATION:

Article 1

The present Regulation establishes, for the purposes of the application of Article 9(6), first subparagraph, of Directive 70/457/EEC and of Article 10(6), first subparagraph, of Directive 70/458/EEC, detailed rules for the application of certain criteria set out by Article 63 of Regulation (EC) No 2100/94 for the eligibility of variety denominations.

Article 2

1. In the case of a trade...