1.9. 94 Official Journal of the European Communities No L 227/1 (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 2100/94 of 27 July 1994 on Community plant variety rights THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 235 thereof, Having regard to the proposal from the Commission ('), Having regard to the opinion of the Furopean Parliament (3), Having regard to the opinion of the Economic and Social Committee (), Whereas plant varieties pose specific problems as regards the industrial property régime which may be applicable; Whereas industrial property regimes for plant varieties have not been harmonized at Community level and therefore continue to be regulated by the legislation of the Member States, the content of which is not uniform; Whereas in such circumstances it is appropriate to create a Community regime which, although co-existing with national regimes, allows for the grant of industrial property rights valid throughout the Community; Whereas it is appropriate that the implementation and application of this Community regime should not be carried out by the authorities of the Member States but by a Community Office with legal personality, the ‘Community Plan Variety Office’; Whereas the system must also have regard to developments in plant breeding techniques including biotechnology; whereas in order to stimulate the breeding and development of new varieties, there should be improved protection compared with the present situation for all plant breeders without, however, unjustifiably (') Of No C 244, 28. 9. 1990, p. 1 and O] No C 113, 23. 4. 1993, p. 7. (%) OJ No C 305, 23. 11. 1992, p. 55 and 0J No C 67, 16. 3. 1992, p. 148. () OJ No C 60, 8. 3. 1991, p. 45. impairing access to protection generally or in the case of certain breeding techniques; Whereas varieties of all botanical genera and species should be protectable; Whereas protectable varieties must comply with internationally recognized requirements, i.e. distinctness, uniformity, stability and novelty, and also be designated by a prescribed variety denomination; Whereas it is important to provide for a definition of a plant variety, in order to ensure the proper functioning of the system; Whereas this definition is not intended to alter definitions which may have been established in the field of intellectual property rights, especially the patent field, nor to interfere with or exclude from application laws governing the protectability of products, including plants and plant material, or processes under such other industrial property rights; Whereas it is however highly desirable to have a common definition in both ficlds; whereas thercfore appropriate efforts at international level should be supported to reach such a common definition; Whereas for the grant of Community plant variety rights an assessment of important characteristics relating to the variety is necessary; whereas, however, these characteristics neced not necessarily relate to their economic importance; Whereas the system must also clarify to whom the right to Community plant variety protection pertains; whereas in some cases it would be to several persons in common, not just to one; whereas the formal entitlement to make applications must be regulated; Whereas the system must also define the term ‘holder’ used in this Regulation; whereas that term ‘holder’ without further specification is used in this Regulation including in its Article 29 (5), it is intended to be within the meaning of Article 13 (1) thereof;