L 191/10 Official Journal of the European Union 23.7.2009 COMMISSION REGULATION (EC) No 637/2009 of 22 July 2009 establishing implementing rules as to the suitability of the denominations of varieties of agricultural plant species and vegetable species (Codified version) (Text with EEA relevance) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Directive 2002/53/EC of 13 June 2002 on the common catalogue of varieties of agricultural plant species () and in particular Article 9(6) thereof, Having regard to Council Directive 2002/55/EC of 13 June 2002 on the marketing of vegetable seed (2), and in particular Article 9(6) thereof, Whereas: (1)  Commission Regulation (EC) No 930/2000 of 4 May 2000 establishing implementing rules as to the suitability of the denominations of varieties of agricultural plant species and vegetable species (°) has been substantially amended several times (%). In the interests of clarity and rationality the said Regulation should be codified. (2)  Directives 2002/53/EC and 2002/55/EC have laid down general rules in relation to the suitability of variety denominations, by means of a reference to Article 63 of Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights (°). (3)  For the purposes of the application of Directives 2002/53/EC and 2002/55/EC, it is appropriate to establish detailed rules for the application of the criteria set out in Article 63 of Regulation (EC) No 2100/94, in particular in respect of the impediments for the desig- nation of a variety denomination as specified in para- graphs 3 and 4 thereof. In a first phase, such detailed rules should be limited to the following impediments: — use precluded by the prior right of a third party, — difficulties as regards recognition or reproduction, — denominations which are identical or may be confused with a variety denomination of another variety, ! L 193, 20.7.2002, p. 1. (") o] () OJ L 193, 20.7.2002, p. 33. () O] L 108, 5.5.2000, p. 3. (*) See Annex IL (°) OJ L 227, 1.9.1994, p. 1. — denominations which are identical or may be confused with other designations, — misleading or causing confusion concerning the char- acteristics of the variety or other features. (4)  The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Seeds and Propagating Material for Agri- culture, Horticulture and Forestry, HAS ADOPTED THIS REGULATION: Article 1 This Regulation establishes, for the purposes of the application of the first subparagraph of Article 9(6) of Directive 2002/53[EC and of the first subparagraph of Article 9(6) of Directive 2002/55/EC, detailed rules for the application of certain criteria set out in Article 63 of Regulation (EC) No 2100/94 for the eligibility of variety denominations. Article 2 1. In the case of a trade mark as a prior right of a third party, the use of a variety denomination in the territory of the Community shall be considered to be precluded by the notifi- cation to the competent authority for the approval of the variety denomination of a trade mark, which has been registered in one or more Member States or at Community level prior to the approval of the variety denomination, and which is identical or similar to the variety denomination and registered in relation to goods which are identical or similar to the plant variety concerned. 2. In the case of a geographical indication or a designation of origin for agricultural products and foodstuffs as a prior right of a third party, a variety denomination in the territory of the Community shall be considered to be precluded where the variety denomination would breach Article 13 of Council Regu- lation (EC) No 510/2006 (°) with respect to the geographical indication or the designation of origin protected in a Member State or in the Community under Article 3(3), the second subparagraph of Article 5(4), Article 5(6), Article 6 and Article 7(4) of that Regulation or the former Article 17 of Council Regulation (EEC) No 2081/92 (7) for goods which are identical or similar to the plant variety concerned. () O] L 93, 31.3.2006, p. 12. () O] L 208, 24.7.1992, p. 1.