Source: EURLEX
Language: en
Format: md

[**Avis juridique important**](../../../editorial/legal_notice.htm)

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# 92001E2032

**WRITTEN QUESTION E-2032/01 by Jan Mulder (ELDR) to the Commission. EC membership of UPOV.** 
  
*Official Journal 115 E , 16/05/2002 P. 0030 - 0030*

  

WRITTEN QUESTION E-2032/01

by Jan Mulder (ELDR) to the Commission

(13 July 2001)

Subject: EC membership of UPOV

At this moment, the European Community has the status of observer at meetings of the International Union for the Protection of New Varieties of Plants (UPOV). In April 1998, the 1991 UPOV Treaty was ratified, which allows for full UPOV membership for intergovernmental organisations such as the European Community.

Is the Commission aware of the fact that the Committee on Plant Variety Rights stated in the minutes of its meeting of 1-2 July 1998 that UPOV is dealing with matters containing elements both of national and of Community competence, and that all Member States have stressed the importance of Community accession to UPOV?

Does the Commission agree with those statements?

Is the Commission thus planning to put forward a proposal, in the short term, to change the Community's observer status into full UPOV membership?

Answer given by Mr Byrne on behalf of the Commission

(25 September 2001)

The Commission confirms that the Union for the protection of New Varieties of Plants (UPOV) deals with matters relating to plant variety rights, a specific form of intellectual property protection in respect of new varieties of plants. As the Community system on plant variety protection coexists with the national systems on plant variety protection in most of its Member States, UPOV is indeed dealing with matters which fall under both Community and national competence. This has been confirmed in the meeting of the Standing Committee on Plant Variety Rights held on 1-2 July 1998.

The Commission also confirms the importance of the Community accession to UPOV, as stressed by all Member States in the same meeting.

Reference to a proposal for a Council Decision approving the accession of the Community to the UPOV is made in the Commission's Work Programme for 2001(1). The proposal will likely be finalised by October 2001, after clarification of the financial and other implications of the accession of the Community to UPOV.

(1) COM(2001) 28 final.

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