Commission 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 (Codified version) (Text with EEA relevance)

23.7.2009 EN Official Journal of the European Union L 191/10
COMMISSION 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
(Codified version)
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
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,
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,
Whereas:
(1) 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 (3) has been substantially amended several times (4). In the interests of clarity and rationality the said Regulation should be codified.
(2) Directives 2002/53/EC and 2002/55/EC 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 (5).
(3) For the purposes of the application of Directives 2002/53/EC and 2002/55/EC, it is appropriate to establish detailed rules for the application of the criteria set out in 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.
(4) 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,