Explanatory Memorandum to COM(2004)798 - Approval of the accession of the EC to the International Convention for the Protection of New Varieties of Plants, as revised at Geneva on 19 March 1991

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dossier COM(2004)798 - Approval of the accession of the EC to the International Convention for the Protection of New Varieties of Plants, as ...
source COM(2004)798 EN
date 16-12-2004
The main activities of the International Union for the Protection of New Varieties of Plants (UPOV) are concerned with promoting international harmonisation and cooperation in the introduction of plant variety protection legislation. Harmonisation is enhanced, firstly, through specific activities undertaken within UPOV leading to recommendations and model agreements and forms and, secondly, through the fact that UPOV serves as a forum to exchange views and share experiences. UPOV has established a detailed set of general principles for the conduct of the examination of plant varieties; their use also extends to national listing and seed certification.

The UPOV Convention introduced that intergovernmental organisation having competence in respect of matters governed by the Convention and having their own legislation providing for the grant and protection of breeders’ rights binding on all its Member States, may become party to the UPOV Convention. As Council Regulation (EC) No 2100/94 of 27 July 1994 on Community Plant Variety Rights, as last amended by Council Regulation (EC) No 873/2004 of 29 April 2004, has established a Community system of plant variety rights, this would permit the European Community to accede to UPOV.

The accession of the European Community to the UPOV Convention is necessary in order to fully exercise the rights conferred by this Convention to the parties thereto, and also to be recognised as a member of the international society bound by the obligations laid down in this Convention; all citizens of the European Community would enjoy, as a consequence of Community membership, the same treatment including the right of access to variety protection in other UPOV members as are accorded to nationals of such other members; the acceptance of the obligations ensures at the same time the fulfilment of obligations laid down in other international agreements, and in particular those of Article 27 (3) of the WTO-Treaty on Intellectual Property Rights Systems (TRIPS Agreement).

Under the UPOV Convention a member candidate shall, before depositing its instrument of accession, ask the UPOV Council to advise it in respect of the conformity of its laws with the provisions of the Convention; on 1 April 1997 the European Community has asked such advice in respect of Council Regulation (EC) No 2100/94 and its implementing acts; on 29 April 1997 the UPOV Council adopted a decision embodying a positive advice.

The Community should be represented at the meetings of the UPOV Council, which consists of the representatives of the members of the Union, and other bodies established by that Council and at any other meeting organised by UPOV; the Commission would ensure the Community Plant Variety Office being associated in this respect.

It is also important that the Community pays contributions on a voluntary basis, in accordance with the UPOV Convention, taking into account the contributions paid by its Member States: the Community will pay five contribution units to the UPOV annual budget (for the 2004 budgetary period one unit corresponds to 53,641 Swiss Francs).