Regulation (EU) 2021/1873 on the extension of the term of the Community plant variety rights for varieties of the species Asparagus officinalis L. and of the species groups flower bulbs, woody small fruits and woody ornamentals

What it is

to extend the term of Community plant variety rights for the species asparagus and the species groups flower bulbs, woody small fruits and woody ornamentals by five years. PROPOSED ACT: Regulation of the European Parliament and of the Council. ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council. BACKGROUND: the Community Plant Variety Office (CPVO) and the Commission have carried out an analysis to determine whether there are, for the species of asparagus as well as for species groups of flower bulbs, woody small fruits and woody ornamentals, technical difficulties in breeding which require expenditure on research activities over a long period of time, if the multiplication of propagating material takes time, if the new varieties have a commercial value only in the long term and if the return on investment of the research activities is only possible at a fairly late stage of protection compared to other horticultural or agricultural crops. The Committee on Agriculture and Rural Development adopted the report by Bert-Jan RUISSEN (ECR, NL) on the proposal for a regulation of the European Parliament and of the Council on the extension of the term of Community plant variety rights for the species asparagus and the species groups flower bulbs, woody small fruits and woody ornamentals. The committee recommended that Parliament adopt its position at first reading taking over the Commission's proposal. The proposal aims to extend the term of protection of Community plant variety rights from 25 to 30 years for the species asparagus, and the species groups flower bulbs, woody small fruits and woody ornamentals, as provided for in Article 19 of Council Regulation (EC) No 2100/94 on Community plant variety rights. The additional five years of protection already exists in the case of vines, trees and potatoes, reflecting the lengthy, complex and costly development process. In May 2016, after analysing the time needed to obtain, breeding and reaching marketing potential, as well as the life span of the plants compared to other species, the Member States of the Administrative Council of the Community Plant Variety Office (CPVO) unanimously requested that the duration of protection of the species covered by this proposal be extended. During the consultation which was carried out to obtain feedback, 43 stakeholders presented their views on the proposal. They all welcomed the proposal and underlined the need for the extended protection in order to ensure the development of more robust varieties meeting growers’ and societal demands. In the explanatory memorandum accompanying the report, the rapporteur stresses the importance of establishing a well-functioning system of plant variety protection that encourages the continued development of new varieties for the benefit of breeders, growers, farmers, consumers and society as a whole. Given the challenges and the ambitious targets set by the European Green Deal, there will be an urgent need for more robust, disease-resistant and productive varieties that require less water, pesticides and…

Frequently asked