Decision 2005/523 - 2005/523/: Council Decision of 30 May 2005 approving 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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Contents

  1. Current status
  2. Key information
  3. Key dates
  4. Legislative text
  5. Original proposal
  6. Sources and disclaimer
  7. Full version
  8. EU Monitor

1.

Current status

This decision has been published on July 22, 2005 and entered into force on May 30, 2005.

2.

Key information

official title

2005/523/: Council Decision of 30 May 2005 approving the accession of the European Community to the International Convention for the Protection of New Varieties of Plants, as revised at Geneva on 19 March 1991
 
Legal instrument Decision
Number legal act Decision 2005/523
Original proposal COM(2004)798 EN
CELEX number i 32005D0523

3.

Key dates

Document 30-05-2005
Publication in Official Journal 22-07-2005; OJ L 164M , 16.6.2006,Special edition in Bulgarian: Chapter 17 Volume 002,Special edition in Romanian: Chapter 17 Volume 002,Special edition in Croatian: Chapter 17 Volume 001,OJ L 192, 22.7.2005
Effect 30-05-2005; Entry into force Date of document
End of validity 31-12-9999

4.

Legislative text

22.7.2005   

EN

Official Journal of the European Union

L 192/63
 

COUNCIL DECISION

of 30 May 2005

approving the accession of the European Community to the International Convention for the Protection of New Varieties of Plants, as revised at Geneva on 19 March 1991

(2005/523/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 308, in conjunction with Article 300(2), first subparagraph and Article 300(3), first subparagraph thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Whereas:

 

(1)

The International Convention for the Protection of New Varieties of Plants (hereinafter referred to as the UPOV Convention), adopted in Geneva on 19 March 1991, makes available to breeders of new plant varieties an exclusive property right, on the basis of a set of uniform and clearly defined principles.
 

(2)

The competence of the Community to conclude or accede to international agreements or treaties does not derive only from explicit conferral by the Treaty but may also derive from other provisions of the Treaty and from acts adopted pursuant to those provisions by Community institutions.
 

(3)

The subject matter of the UPOV Convention falls also within the scope of existing Community regulations in this field.
 

(4)

It follows that the approval of the UPOV Convention is a matter for both the Community and its Member States.
 

(5)

The UPOV Convention should be approved on behalf of the Community with regard to matters within its competence,

HAS DECIDED AS FOLLOWS:

Article 1

  • 1. 
    The revised text of the UPOV Convention is hereby approved on behalf of the Community with regard to matters within its competence.
  • 2. 
    The revised text of the UPOV Convention and a Declaration of the European Community are attached to this Decision.

Article 2

The President of the Council is hereby authorised to designate the person or persons empowered to deposit, on behalf of the Community, the instrument of accession with the Secretary-General of the Union for the Protection of New Varieties of Plants.

Article 3

The Community will pay, on a voluntary basis, a contribution for each budgetary period, with a number of contribution units and under conditions, which are specified in the declaration contained in the Annex, and within the limits set for this purpose within the general budget of the Community.

Done at Brussels, 30 May 2005.

For the Council

The President

  • F. 
    BODEN
 

ACT OF 1991

INTERNATIONAL CONVENTION FOR THE PROTECTION OF NEW VARIETIES OF PLANTS

of 2 December 1961,

as revised at Geneva on 10 November 1972, 23 October 1978 and 19 March 1991

LIST OF ARTICLES

 

Chapter I:

Definitions
 

Article 1:

Definitions
 

Chapter II:

General obligations of the Contracting Parties
 

Article 2:

Basic obligation of the Contracting Parties
 

Article 3:

Genera and species to be protected
 

Article 4:

National treatment
 

Chapter III:

Conditions for the grant of the breeder’s right
 

Article 5:

Conditions of protection
 

Article 6:

Novelty
 

Article 7:

Distinctness
 

Article 8:

Uniformity
 

Article 9:

Stability
 

Chapter IV:

Application for the grant of the breeder’s Right
 

Article 10:

Filing of applications
 

Article 11:

Right of priority
 

Article 12:

Examination of the application
 

Article 13:

Provisional...


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This text has been adopted from EUR-Lex.

5.

Original proposal

 

6.

Sources and disclaimer

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7.

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