Commission Implementing Regulation (EU) 2021/384 of 3 March 2021 on the suitability of the denominations of varieties of agricultural plant species and vegetable species and repealing Regulation (EC) No 637/2009 (Text with EEA relevance)
Commission Implementing Regulation (EU) 2021/384of 3 March 2021on the suitability of the denominations of varieties of agricultural plant species and vegetable species and repealing Regulation (EC) No 637/2009(Text with EEA relevance)THE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union,Having regard to Council Directive 2002/53/EC of 13 June 2002 on the common catalogue of varieties of agricultural plant speciesOJ L 193, 20.7.2002, p. 1., and in particular the second subparagraph of Article 9(6) thereof,Having regard to Council Directive 2002/55/EC of 13 June 2002 on the marketing of vegetable seedOJ L 193, 20.7.2002, p. 33., and in particular the second subparagraph of Article 9(6) thereof,Whereas:(1)Directives 2002/53/EC and 2002/55/EC lay down general rules in relation to the suitability of variety denominations by means of a reference to Article 63 of Council Regulation (EC) No 2100/94Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights (OJ L 227, 1.9.1994, p. 1)..(2)In accordance with Article 63 of Regulation (EC) No 2100/94 in order for a plant variety to be approved, its variety denomination needs to be considered suitable by the Community Plant Variety Office (CPVO). A variety denomination is suitable if there is no impediment in accordance with paragraphs 3 or 4 of that Article.(3)Commission Regulation (EC) No 637/2009Commission Regulation (EC) No 637/2009 of 22 July 2009 establishing implementing rules as to the suitability of the denominations of varieties of agricultural plant species and vegetable species (OJ L 191, 23.7.2009, p. 10). establishes detailed rules for the application of certain criteria set out in Article 63 of Regulation (EC) No 2100/94 as to the suitability of denominations of varieties of agricultural species and vegetable plant species for purposes of the application of the first subparagraph of Article 9(6) of Directive 2002/53/EC and of the first subparagraph of Article 9(6) of Directive 2002/55/EC.(4)The CPVO and the Member States established an expert group, which developed and amended guidelines on the suitability of denominations under Article 63 of Regulation (EC) No 2100/94 ("Guidelines on variety denominations"CPVO Guidelines on variety denominations, Meeting 1-of the Administrative Council of (2018), DOC-AC-2018-1-7.. In order to ensure consistency as regards the application of the criteria provided for by Article 63 of Regulation (EC) No 2100/94, it is appropriate to provide for further clarifications resulting from the Guidelines on variety denominations.(5)Regulation (EC) No 637/2009 has been amended several times. In view of the need to amend the existing rules and in the interest of legal certainty, that Regulation should be repealed and replaced by this Regulation.(6)A variety denomination is to be approved, unless it is unsuitable due to impediments. Under Article 63 of Regulation (EC) No 2100/94 the use of a variety denomination is to be precluded in case of a prior right of a third party, difficulties as regards recognition or reproduction, identical denominations to a variety of the same or closely related species, designations commonly used for the marketing of goods, where the denomination is liable to give offence in one of the Member States or is contrary to public policy, in case of confusion due to visual, phonetical or conceptual similarity or of misleading content.(7)In order to give sufficient time to competent authorities for the application of the new rules, this Regulation should apply from 1 January 2022.(8)The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,HAS ADOPTED THIS REGULATION: