Commission Regulation (EC) No 920/2007 of 1 August 2007 amending Regulation (EC) No 930/2000 establishing implementing rules as to the suitability of the denomination of varieties of agricultural plant species and vegetable species
Date: 2007-08-01
Institutions: European Commission
Subjects: crop production, designation of origin, intellectual property, plant variety right, product designation

2.8.2007

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Official Journal of the European Union

L 201/3

COMMISSION REGULATION (EC) No 920/2007

of 1 August 2007

amending Regulation (EC) No 930/2000 establishing implementing rules as to the suitability of the
denomination of varieties of agricultural plant species and vegetable species

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(3)

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Directive 2002/53/EC of 13 June
2002 on the common catalogue of varieties of agricultural
plant species (1), and in particular Article 9(6) thereof,

Since the adoption of Regulation (EC) No 930/2000 the
definition of the term ‘closely related species’ used by the
International Union for the Protection of New Varieties
of Plants has evolved. The detailed rules established by
Regulation (EC) No 930/2000 should be updated
accordingly.

(4)

Regulation (EC) No 930/2000 should therefore be
amended accordingly.

Having regard to Council Directive 2002/55/EC of 13 June
2002 on the marketing of vegetable seed (2), and in particular
Article 9(6) thereof,

(5)

The measures provided for in this Regulation are in
accordance with
Standing
Committee on Seeds and Propagating Material for Agri-
culture, Horticulture and Forestry,

opinion

the

the

of

Whereas:

HAS ADOPTED THIS REGULATION:

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 2100/94 of 27 July
1994 on Community plant variety rights (3).

Regulation (EC) No 930/2000 is amended as follows:

Article 1

1.

in Article 4, point (b) is replaced by the following:

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
establishes detailed
species
rules for the application of certain 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.

and vegetable

species (4)

(1) OJ L 193, 20.7.2002, p. 1. Directive as last amended by Regulation
(EC) No 1829/2003 of the European Parliament and of the Council
(OJ L 268, 18.10.2003, p. 1).

(2) OJ L 193, 20.7.2002, p. 33. Directive as

last amended by
Commission Directive 2006/124/EC (OJ L 339, 6.12.2006, p. 12).
(3) OJ L 227, 1.9.1994, p. 1. Regulation as last amended by Regulation

(EC) No 873/2004 (OJ L 162, 30.4.2004, p. 38).

(4) OJ L 108, 5.5.2000, p. 3. Regulation as amended by Regulation (EC)

No 1831/2004 (OJ L 321, 22.10.2004, p. 29).

‘(b) “closely related species”

shall have the meaning as

defined in the Annex to this Regulation.’;

2. the Annex to Regulation (EC) No 930/2000 is replaced by

the text in the Annex to this Regulation.

Article 2

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

(1)

(2)

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Official Journal of the European Union

2.8.2007

It shall not apply to variety denominations which have been proposed by the applicant to the competent
authority for their approval before the entry into force of this Regulation.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 1 August 2007.

For the Commission

Markos KYPRIANOU
Member of the Commission

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Official Journal of the European Union

L 201/5

ANNEX

‘ANNEX

Closely related species
“Closely related species”, as referred to in Article 4(b), shall have the following meaning:

(a)

if there is more than one class within a genus, the list of classes in point 1 shall apply;

(b) if classes encompass more than one genus, the list of classes in point 2 shall apply;

(c) as a general rule, for genera and species not covered by the list of classes in points 1 and 2, a genus is considered to

be a class.

1. Classes within a genus

Classes

Class 1.1

Class 1.2

Class 2.1

Class 2.2

Class 2.3

Class 3.1

Class 3.2

Class 3.3

Class 4.1

Class 4.2

Scientific names

Brassica oleracea

Brassica other than Brassica oleracea

Beta vulgaris — sugar beet, fodder beet

Beta vulgaris — beetroot including Cheltenham beet, spinach beet or
chard

Beta other than classes 2.1 and 2.2.

Cucumis sativus

Cucumis melo

Cucumis other than classes 3.1 and 3.2

Solanum tuberosum

Solanum other than class 4.1

2. Classes encompassing more than one genus

Classes

Class 201

Scientific names

Secale, Triticale, Triticum

Class 203 (*)

Agrostis, Dactylis, Festuca, Festulolium, Lolium, Phalaris, Phleum and Poa

Class 204 (*)

Lotus, Medicago, Ornithopus, Onobrychis, Trifolium

Class 205

Cichorium, Lactuca

(*) Classes 203 and 204 are not solely established on the basis of closely related species’