Member States shall keep and update a register of suppliers, as provided for in Article 5(1) of Directive 2008/90/EC. That register shall be referred to hereinafter as ‘the register of suppliers’.
Commission Implementing Directive 2014/97/EU of 15 October 2014 implementing Council Directive 2008/90/EC as regards the registration of suppliers and of varieties and the common list of varieties
Commission Implementing Directive 2014/97/EU of 15 October 2014 implementing Council Directive 2008/90/EC as regards the registration of suppliers and of varieties and the common list of varieties
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Directive 2008/90/EC of 29 September 2008 on the marketing of fruit plant propagating material and fruit plants intended for fruit production(1), and in particular Article 5(3) and Article 7(5) and (6) thereof,
Whereas:
It is necessary to set out provisions concerning the register of suppliers provided for in Directive 2008/90/EC and the notification obligations of suppliers.
For the purpose of transparency, Member States should make available that register, where appropriate. The decision whether that register, or parts of it are to be published is left to the Member States.
A variety register should be provided for. That register should include varieties registered under Council Directive 92/34/EEC(2) in addition to those registered under Directive 2008/90/EC. That register should indicate whether varieties have an official description or an officially recognised description.
Genetically modified varieties should be registered only if the genetically modified organism of which the variety consists is authorised for cultivation pursuant to Directive 2001/18/EC of the European Parliament and of the Council(3) or Regulation (EC) No 1829/2003 of the European Parliament and of the Council(4).
The conditions under which varieties are to be registered as varieties with an official description and the procedure for their registration should be provided for. Member States may, as provided for in Directive 2008/90/EC, lay down conditions concerning the registration of a variety with an officially recognised description.
In order to register a variety as a variety with an official description, the responsible official body should establish such a description.
The period of validity of registration, the renewal of registration and the removal of a variety from the variety register should be provided for.
Member States should notify to each other and to the Commission certain information concerning registered varieties and applications for registration of varieties. Based on that information the Commission should publish a common list of varieties to create a transparent and easily consultable database to increase the confidence on the market.
It is appropriate to repeal Commission Directive 93/79/EEC(5).
The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Propagating Material and Plants of Fruit Genera and Species,
HAS ADOPTED THIS DIRECTIVE:
Article 1 Register of suppliers
1.
In addition to suppliers registered in accordance with this Directive, that register shall include suppliers accredited in accordance with national provisions transposing Article 6(1) of Directive 92/34/EEC.
Where appropriate, Member States shall make available the register of suppliers.
2.
The register of suppliers shall include the following information:
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name, address and contact details of the supplier;
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activities within the meaning of Article 2(9) of Directive 2008/90/EC that are exercised by the supplier in the Member State concerned, the address of the premises involved and the main genera or species concerned; and
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registration number or code.
3.
Member States shall ensure that the responsible official body removes a natural or legal person from the register of suppliers, if it is established that that person no longer exercises any activity within the meaning of Article 2(9) of Directive 2008/90/EC.
Article 2 Notification obligation of suppliers
1.
Member States shall ensure that suppliers notify the information referred to in Article 1(2)(a) and (b).
No notification shall, however, be required from suppliers accredited in accordance with Article 6(1) of Directive 92/34/EEC.
2.
Member States shall ensure that suppliers notify any change in their situation concerning the information referred to in Article 1(2)(a) and (b).
3.
Member States shall ensure that suppliers are informed of their registration and of any modifications thereto within a time period to be laid down by national legislation.
Article 3 Variety register
1.
Member States shall keep, update and publish a register of varieties (hereinafter ‘variety register’).
In addition to varieties registered in accordance with this Directive, the variety register shall include varieties registered before 30 September 2012 in accordance with Article 9(3) of Directive 92/34/EEC and varieties registered in accordance with the second sentence of the first subparagraph of Article 7(4) of Directive 2008/90/EC.
2.
The variety register shall include the following information:
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denomination of the variety and synonyms;
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species the variety belongs to;
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the indication ‘official description’ or ‘officially recognised description’, as appropriate;
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date of registration, or, where applicable, of renewal of registration;
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end of validity of registration.
3.
Member States shall keep a file for each variety they register. That file shall contain a description of the variety and a summary of all the facts relevant to the registration of the variety.
Article 4 Conditions for registration of varieties
1.
Member States shall ensure that a variety is registered as a variety with an official description if it fulfils the following requirements:
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it is distinct, uniform and stable within the meaning of paragraph 2;
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a sample of the variety is available; and
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as regards genetically modified varieties, the genetically modified organism of which the variety consists is authorised for cultivation pursuant to Directive 2001/18/EC or Regulation (EC) No 1829/2003.
2.
A variety shall be considered as:
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‘distinct’ where it is clearly distinguishable, by reference to the expression of the characteristics that result from a particular genotype or combination of genotypes, from any other variety commonly known at the date of the application referred to in Article 5;
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‘uniform’ where, subject to the variation that may be expected from the particular features of its propagation, it is sufficiently uniform in the expression of those characteristics which are included in the examination for distinctness, as well as any other characteristics used for the variety description;
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‘stable’ where the expression of the characteristics which are included in the examination for distinctness, as well as any other characteristics used for the variety description, remain unchanged after repeated propagation or, in the case of micropropagation at the end of each cycle.