Commission Directive 1999/68/EC of 28 June 1999 setting out additional provisions for lists of varieties of ornamental plants as kept by suppliers under Council Directive 98/56/EC
Date: 1999-06-28
Institutions: European Commission
Subjects: horticulture, marketing, plant propagation, public institution, supervisory body, supplier

L 172/42

EN

Official Journal of the European Communities

8. 7. 1999

COMMISSION DIRECTIVE 1999/68/EC

of 28 June 1999

setting out additional provisions for lists of varieties of ornamental plants as kept by suppliers
under Council Directive 98/56/EC

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

pursuant
98/56/EC.

to the fourth indent of Article 9(1) of Directive

Having regard to the Treaty establishing the European
Community,

Having regard to Council Directive 98/56/EC of 20 July 1998
on the marketing of propagating material of ornamental
plants (1), and in particular Article 9(4) thereof,

(1) Whereas Commission Directive 93/78/EEC (2) lays down
implementing measures concerning the lists of varieties
of ornamental plants as kept by suppliers under Council
Directive 91/682/EEC (3);

(2) Whereas Directive 91/682/EEC is repealed with effect
from 1 July 1999 and replaced by Directive 98/56/EC;

(3) Whereas in accordance with Article 9(4) of Directive
98/56/EC additional implementing provisions for lists of
varieties of ornamental plants as kept by suppliers
including technical description and denominations may
be adopted;

(4) Whereas a system of description of varieties already
exists at Community level within the framework of plant
variety rights;

(5) Whereas that system also includes information on the
maintenance of varieties and on the differences from
most closely resembling varieties;

(6) Whereas in the light of the development of Community
legislation governing plant variety rights it is desirable to
ensure coherence with such legislation in respect of
description of varieties under Directive 98/56/EC;

(7) Whereas Directive 93/78/EEC should be repealed;

(8) Whereas the measures provided for in this Directive are
in accordance with the opinion of
the Standing
Committee for Propagating Material of Ornamental
Plants,

HAS ADOPTED THIS DIRECTIVE:

Article 1

Article 2

1.

The lists kept by suppliers shall

include the following:

(i) the name of

the variety,

together with its commonly

known synonyms, where appropriate;

(ii) indications as to the maintenance of the variety and the

propagation system applied;

(iii) description of the variety, at least on the basis of the
characteristics and their expressions as specified in accord-
ance with provisions on the applications to be filed for
Community plant variety rights, where these are applic-
able;

(iv) if possible, indications as to how the variety differs from

the other varieties most closely resembling it.

2.
Subparagraphs (ii) and (iv) of paragraph 1 shall not apply
to any supplier whose activity is confined to the placing on the
market of propagating material of ornamental plants.

Article 3

Directive 93/78/EEC shall be repealed with effect from the date
referred to in Article 4 of this Directive.

Article 4

1. Member States shall bring into force the laws, regulations
or administrative provisions necessary to comply with this
Directive on 31 December 1999. They shall forthwith inform
the Commission thereof.

2. When Member States adopt these measures, they shall
contain a reference to this Directive or be accompanied by
such reference on the occasion of their official publication.
Member States shall determine how such a reference is to be
made.

3. Member States shall communicate to the Commission the
text of the main provisions of domestic law they adopt in the
field covered by this Directive.

This Directive establishes additional implementing provisions
for lists of varieties of ornamental plants as kept by suppliers

Article 5

(1) OJ L 226, 13.8.1998, p. 16.
(2) OJ L 256, 14.10.1993, p. 19.
(3) OJ L 376, 31.12.1991, p. 21.

This Directive shall enter into force on the 20th day following
its publication in the Official Journal of the European Communities.

8. 7. 1999

EN

Official Journal of the European Communities

L 172/43

This Directive is addressed to the Member States.

Article 6

Done at Brussels, 28 June 1999.

For the Commission

Franz FISCHLER

Member of the Commission