Changes from plenary report to adopted text

Added(e) it is liable to give offence in one of the Member States or is contrary to the public order;

Added(f) it is liable to mislead or to cause confusion concerning the characteristics, the value or the identity of the variety, or the identity of the breeder.

Added2. Without prejudice to paragraph 1, if a variety is already registered in other national variety registers, the denomination shall be deemed suitable, only if it is identical to that appearing in those registers.

AddedThis paragraph shall not apply if:

Added(a) the denomination is likely to mislead or cause confusion concerning the relevant variety in one or more Member States; or

Added(b) the rights of third parties impede the free use of that denomination in connection with the variety in question.

Added3. Where, after the registration of a variety, it is established by the competent authority that at the time of the registration the denomination of the variety was not suitable within the meaning of paragraphs 1 and 2, the applicant shall submit an application for a new denomination. The competent authority shall decide on that application upon consultation with CPVO.

AddedThe competent authority may permit the previous denomination to be used temporarily.

Added4. The Commission is empowered to adopt delegated acts in accordance with Article 75, supplementing this Regulation by setting out specific criteria concerning the suitability of variety denominations as regards:

Added(a) their relation to trade marks;

Added(b) their relation to geographical indications or designations of origin for agricultural products;

Added(c) written consents of holders of prior rights to remove impediments to the suitability of a denomination;

Added(d) determination of whether a denomination is misleading or confusing as referred to in paragraph 1, point (f); and

Added(e) the use of a denomination in the form of a code.

AddedSECTION 3 PROCEDURE FOR REGISTRATION OF VARIETIES IN THE NATIONAL VARIETY REGISTERS

AddedArticle 55 Submission of application

AddedAny professional operator established in the Union may electronically submit to the competent authority an application for registration of a variety in the national variety register.

AddedThe submission of that application may be subject to a fee paid by the applicant, as established by the competent authority.

AddedArticle 56 Contents of the application for registration of a variety

Added1. The application for registration of a variety in a national variety register shall consist of the following:

Added(a) a request for registration;

Added(b) the identification of the botanical taxon to which the variety belongs;

Added(c) where applicable, the registration number of the applicant, its name and address or, where appropriate, the names and addresses of the joint applicants, and the credentials of any procedural representative;

Added(d) a proposed denomination provisional designation; [Am. 238]

Added(da) a variety denomination proposed by the applicant which may accompany the application; [Am. 239]

Added(e) the name and address of the person responsible for the variety maintenance, and, where applicable, the registration number of that person;

Added(f) a description of the main characteristics of the variety, information on whether it is adapted only for particular seasons of the year, and, if available, a completed technical questionnaire;

Added(g) a description of the procedure of variety maintenance;

Added(h) the place of breeding of the variety and, if applicable, its particular region of origin;

Added(i) information on whether the variety is registered in another national variety register in and on whether it is known to the applicant that an application for registration in one of those registers is pending;

Added(j) where the variety contains or consists of a genetically modified organism, evidence that the genetically modified organism in question is authorised for cultivation in the Union, in accordance with Directive 2001/18/EC or Regulation (EC) No 1829/2003, or, where applicable, in the respective Member State in accordance with Article 26b of Directive 2001/18/EC;, and the evidence of compliance with the cultivation and monitoring requirements in the given growing season; [Am. 240]

Added(k) where the application concerns conservation varieties, information related to the production of an officially recognised description of the variety, a proof of that description and any document or publication supporting it; [Am. 241]

Added(l) in the case of an application concerning varieties with a granted plant variety right pursuant to Regulation (EC) No 2100/94 or the legislation of a Member State, the proof that the variety is protected by such right, with the corresponding official description;

Added(m) in case the variety contains or consists of a category 1 NGT as defined in Article 3(7) of Regulation (EU) …/… of the European Parliament and of the Council (Office of Publications, please insert reference to NGT Regulation), evidence that the plant has obtained a declaration of category 1 NGT plant status pursuant to Article 6 or 7 of that Regulation or is progeny of such plant(s);

Added(n) in case the variety contains or consists of a category 2 NGT plant as defined in Article 3(8) of Regulation (EU) …/… (Office of Publications, please insert reference to NGT Regulation), indication of that fact;

Added(o) the intended use or conditions of cultivation, if applicable pursuant to Article 47(2), of in the event that the variety. is tolerant to herbicides as referred to in Article 47(1), point (f), or has particular characteristics that may lead to undesirable agronomic effects as referred to in Article 47(1), point (g), an indication of that fact; [Am. 242]

Added(oa) the breeding techniques used for the development of the variety; [Am. 243]

Added(ob) the existence of any intellectual property rights covering the variety, its components, and characteristics, within the limits of the rights applied for or granted for that variety to the applicant, including where the applicant has signed a contractual licence or has obtained a compulsory licence for the use of a patent owned by another operator. [Am. 244]

Added2. The application for registration of a variety in a national variety register shall be accompanied by a sample to be used for the examination of that variety. The competent authority of the respective Member State shall set a deadline for the submission of that sample and specify its quality and quantity.

AddedArticle 57 Formal examination of application

Added1. The competent authority of the respective Member State shall register and examine each application referred to in Article 55 in order to establish whether it complies with the requirements laid down in Article 56.

Added2. If the application does not comply with the requirements laid down in Article 56, the competent authority shall give the applicant a possibility to rectify the application accordingly within a given time. If the application does not meet these requirements by the expiry of that given time, the competent authority shall reject the application and terminate the variety registration.

AddedArticle 58 Date of application for registration

AddedThe date of the submission of the application for registration shall be the date on which the application, fully complying with the requirements laid down in Article 56, is received by the competent authority of the respective Member State.

AddedThe competent authorities shall immediately send to the applicant a confirmation of the successful submission of the application, including information on the date of that submission.

AddedArticle 59 Technical examination of the variety

Added1. Where, as a result of the formal examination, the application is found to comply with the requirements laid down in Article 56, a technical examination of the variety shall be carried out.

AddedThe technical examination shall be carried out by growing the variety, taking into account the intended use and conditions for cultivation of the variety. Other means, including the use of bio-molecular techniques, may be used as a supplementary tool, as appropriate for the purposes of the technical examination, the species concerned or the characteristics to be checked, as established pursuant to the implementing act referred to in Article 47(2) concerning distinctness, uniformity and stability.

AddedThe technical examination referred shall verify:

Added(a) the compliance with the requirements for distinctness, uniformity and stability of the variety, as laid down in Articles 48 to 50;

Added(b) whether the variety has value for sustainable cultivation and use, in accordance with Article 52, in the case of the varieties referred to in Article 47(1), point (a)(ii).

Added2. The technical examination referred to in paragraph 1 shall be carried out by the competent authorities in accordance with Article 60, unless the derogation referred to in Article 61(1) applies.

Added3. In case a formal report on the distinctness, uniformity and stability of the variety, produced by CPVO or another competent authority, is already available, the competent authority shall take into consideration the conclusions of that report for the purposes of concluding the technical examination.

Added4. The conduct of the technical examination referred to in paragraph 1 may be subject to a fee paid by the applicant, as established by the competent authority.

AddedArticle 60 Audit of the competent authority’s premises

AddedThe competent authority of the respective Member State may carry out the technical examination as regards compliance with the requirements for distinctness, uniformity and stability referred to in Articles 48 to 50 only after its premises and working arrangements, dedicated to this purpose, have been found suitable for carrying out this examination pursuant to an audit conducted by the CPVO or the Commission.

AddedOn the basis of the audit referred to in the first subparagraph, the Commission may recommend to the competent authority, if appropriate, actions to ensure the suitability of the premises and organisation of the competent authorities. The Commission may carry out additional audits and, where applicable, recommend to the competent authorities corrective actions to ensure the suitability of their premises and organisation.

AddedArticle 61 Authorisation of the applicant to carry out technical examination for value for sustainable cultivation and use

Added1. By way of derogation from Article 59(2), and only for operators under the voluntary system referred to in Article 52(1a), the competent authority may authorise the applicant to carry out the technical examination of whether the variety has a sustainable value for cultivation and use, in accordance with Article 52, or part of it, may be carried out by the applicant if: [Am. 245]

Added(a) that applicant has been authorised by the competent authority of the respective Member State; [Am. 246]