SUMMARY REPORT OF THE MEETING OF
THE STANDING COMMITTEE ON COMMUNITY PLANT VARIETY RIGHTS HELD ON
24 NOVEMBER 2004 (CCAB, BRUSSELS)
Chairman: M. Gennatas.
All the Member States were present
with the exception of Italy (IT), Portugal (PT) and Slovenia
For the purpose of possible votes,
PT mandated SP, SI mandated CZ.
3 representatives of the Community
Plant Variety Office (CPVO) were invited by the services of the
Commission as experts, as members of a Community Body involved
in Community Plant Variety Rights.
1. DISCUSSION AND POSSIBLE
ADOPTION OF RULES OF PROCEDURES FOR THE STANDING COMMITTEE ON
COMMUNITY PLANT VARIETY RIGHTS ( REF: SANCO/2004.00514)
Having regard to Council
Regulation (EC) N° 2100/94 of 27 July 1994 on Community Plant
Variety Rights and in particular Article 115 thereof and to
Council Decision (EC) N° 1999/468/EC of 28 June 1999 laying down
the procedures for the exercise of implementing powers conferred
on the Commission, and in particular its Article 7(1) thereof,
the Standing Committee on Community Plant Variety Rights needs
urgently to adopt its internal rules of procedures, on the basis
of standard rules.
A draft document on rules of
procedure for the Community Plant Variety Rights Committee was
prepared by the services of the Commission in DA, DE, EN, ES, F,
FIN, GR, NL, PT, SV languages and was submitted for discussion.
After a general presentation of
the draft document, the chairman suggested to discuss on it,
Article by Article.
Because of linguistics remarks on
the different translated versions made by some Member States, it
was decided to work on the English text as the authentic text.
One delegation asked for written
explanation by the services of the Commission on the meanings of
and on the links between Article 6 and Article 12 as regards the
definition of “experts” and “designated persons” before a vote
To conclude on this point, the
chairman agreed to prepare a written explanation for the next
meeting confirming his explanations during the meeting on the
links between Article 6 and 12, and agreed to mention in this
summary report that CPVO will be regularly invited to attend the
meetings of the Standing Committee Meeting on Community Plant
Variety Rights as expert for the Commission.
2. DISCUSSION AND POSSIBLE VOTE
ON A DRAFT COMMISSION REGULATION AMENDING REGULATION(EC)N°
1239/95 AS REGARDS THE GRANT OF COMPULSORY LICENCES AND THE
RULES ON PUBLIC INSPECTION AND ACCESS TO DOCUMENTS HELD BY THE
COMMUNITY PLANT VARIETY OFFICE (CPVO): (REF : SANCO/1026/2004
REV 8 )
Because of the last amendments of
the basic Regulation on Community Plant Variety Rights (Council
Regulation (EC) N°2100/94) on new rules as regards proceedings
before CPVO on public inspection and access to documents (based
on Regulation(EC)N° 1049/2001 regarding public access to
European Parliament, Council and Commission documents) and on
Community licences to be granted by CPVO, including compulsory
licences, the implementation rules of this basic Regulation need
to be amended accordingly.
Following the normal procedure,
the Administrative Council of the CPVO was consulted before the
meeting and gave a favourable opinion on the proposed amendments
of Article 82 and 84 and 37 to 44 of Regulation (EC) N° 1239/95
with factual suggestions to amend the text. These suggestions
were taken into consideration by the services of the Commission
in the draft proposal presented to the Member States at the
During the discussions, several
suggestions were made by the delegations to amend the draft
The most important suggestion to
amend the draft proposal referred to a reference to “patent” in
the last sentence of Article 41(4):
Because of this last suggestion,
an internal consultation needs to be undertaken within the
services of the Commission as regards the patent question,
before a vote is taken.
3. INFORMATION ON THE
ELECTRONIC MAILBOX “CIRCA” AND ON ITS USE FOR THE NEEDS OF THE
An explanation followed by a
practical demonstration was given by the services of the
Commission on the electronic mailbox “CIRCA” and more
particularly on the use of a specific site within this CIRCA
system, as a communication network between the services of the
Commission and the Member States for the needs of the Standing
Committee on Community Plant Variety Rights: all preparatory
documents for meetings and all information deemed as of great
interest for the delegations in the Community Plant variety
rights sector will be placed on the site. The delegations were
invited to access to the site as soon as possible, following
written instructions on how to get access to it.
4. ACCESS AND BENEFICE SHARING
AS REGARDS PLANT GENETIC RESOURCES
4.1. Information and discussion
on access and benefit sharing provisions of the International
Treaty on Plant Genetic Resources for Food and Agriculture
The services of the Commission
updated the Committee on the implementation of the International
Treaty on Plant Genetic Resources for Food and Agriculture: they
reported on the 2nd meeting of the Interim Committee of the
International Treaty, which took place at the FAO headquarters
in Rome on 15-19 November 2004, and informed about plans for the
4.2. Information and discussion on the evolution of the
European Community position on access and benefit sharing in
relation with patents and the Convention on Biological Diversity
The services of the Commission
updated the Committee on the forthcoming meetings under the CBD
in which an 'international regime on access and benefit-sharing'
will be discussed. These include a first open-ended working
group meeting in February 2005 in Bangkok, a second open- ended
working group in 2006 in Spain and COP8 in Brazil in May 2006.
They also updated the group on the EU internal discussions on a
possible requirement for patent applicants to disclose the
origin of the genetic resources on which an invention is based.
They highlighted areas on which an agreement has been reached as
well as areas where more discussions are needed. The internal
debate on this will continue in the Council in early December.
They also offered to repeat a presentation on the CBD in one of
the future Committee meetings should members feel that this
would be useful.
5. OTHER BUSINESS
5.1. Fees payable to the
Community Plant Variety Office:
The Services of the Commission and
the representative of the CPVO informed the group on the
financial reserve of this Office which has reached a level which
exceeds the level necessary to safeguard the continuity of its
operation. Therefore, the transitory period during which the
level of fees has not been revaluated should be extended; the
Commission will prepare a draft Commission Regulation amending
Regulation (EC) N° 1238/95.
5.2. Definition of “small
farmers” in the “Plant Variety Rights Sector”:
The services of the Commission
distributed to the Member States a copy of the letter send to
France concerning the definition of “small farmers” in Article
14 of Council Regulation (EC) N° 2100/94, and confirmed that
this definition will still be valid even after the deletion of
Regulation (EC) N° 1765/92. The services of the Commission
distributed a working document on the first result of a survey
on the definition of “small farmers” in the National legislation
of the Member States as regards the “farmer exemption” in the
National Plant Variety Rights system.
As a matter of information, the
services of the Commission informed the Member States on the
last development of the accession of the Community to the
International Union for the Protection of New Varieties of
Bernard Van Goethem
Source & list of participants: