Council Directive 70/457/EEC of 29 September 1970 on the common catalogue of varieties of agricultural plant species (4), as last amended by Directive 78/55/EEC (5), is hereby amended as follows: 1. Article 5 (1) shall be replaced by the following:
"1. A variety shall be regarded as distinct if, whatever the origin, artificial or natural, of the initial variation from which it has resulted, it is clearly distinguishable on one or more important characteristics from any other variety known in the Community.
The characteristics of a variety must be capable of precise recognition and precise definition.
A variety known in the Community shall be any variety which, at the time when the application for the acceptance of the variety to be assessed is duly made, is: - either listed in the common catalogue of varieties of agricultural plant species or the catalogue of varieties of vegetable species,
- or, without being listed in one of those catalogues, has been accepted or submitted for acceptance in the Member State in question or in another Member State, either for certification and marketing, or for certification for other countries,
unless the aforementioned conditions are no longer fulfilled in all the Member States concerned before the decision on the application for acceptance of the variety to be assessed is taken." (1)OJ No 125, 11.7.1966, p. 2298/66. (2)OJ No L 183, 19.7.1979, p. 13. (3)OJ No 125, 11.7.1966, p. 2309/66. (4)OJ No L 225, 12.10.1970, p. 1. (5)OJ No L 16, 20.1.1978, p. 23.
2. The following shall be added to Article 7 (1):
"In order to establish distinctness, the growing trials shall include at least the available comparable varieties which are varieties known in the Community within the meaning of Article 5 (1). For the purpose of applying Article 9, other available comparable varieties shall be included."
3. Article 9 (3) shall be replaced by the following:
"3. In taking into account the information available, Member States shall also ensure that a variety which is not clearly distinguishable: - from a variety previously accepted in the Member State in question or in another Member State, or
- from another variety which has been assessed with regard to distinctness, stability and uniformity in accordance with rules corresponding to those of this Directive, without, however, being a variety known in the Community within the meaning of Article 5 (1),
bears the name of that variety. This provision shall not apply if this name is likely to mislead or cause confusion concerning the variety in question, or if, pursuant to all the provisions of the Member State concerned governing the names of varieties, other facts prevent its utilization, or if the rights of third parties impede the free use of that name in connection with the variety in question."
4. Paragraph 3 of Article 9 shall become paragraph 4.
5. Article 10 (1) shall be replaced by the following:
"1. Any application or withdrawal of an application for acceptance of a variety, any entry in a catalogue of varieties as well as any amendment thereto shall be notified forthwith to the other Member States and the Commission."
6. The following Article shall be added after Article 12:
"Article 12a
1. Member States shall ensure that any doubts which arise after the acceptance of a variety concerning the appraisal of its distinctness or of its name at the time of acceptance are clarified.
2. Where, after acceptance of a variety, it is established that the condition concerning distinctness within the meaning of Article 5 was not fulfilled at the time of acceptance, acceptance shall be replaced by another decision or, where appropriate, a revocation, which conforms with this Directive.
By this other decision, the variety shall, with effect from the date of its initial acceptance, no longer be regarded as a variety known in the Community within the meaning of Article 5 (1).
3. Where, after acceptance of a variety, it is established that its name within the meaning of Article 9 was not acceptable when the variety was accepted, the name shall be adapted in such a way that it conforms with this Directive. Member States may permit the previous name to be used temporarily as an additional name. The detailed arrangements in accordance with which the previous name may be used as an additional name may be laid down in accordance with the procedure provided for in Article 23."
7. The following shall be added to Article 15 (2):
"Only applications submitted four months before the end of the abovementioned period shall be taken into consideration."
8. The following shall be added to Article 15 (5):
"In the case of Beta vulgaris L. and Solanum tuberosum L. this condition shall be considered fulfilled on 31 December each year in respect of varieties for which the communications provided for in Article 10 (1) and (2) were made four months before that date, unless a Member State informs the Commission or makes a declaration to the Standing Committee on Seeds and Propagating Material to the effect that it does not intend to dispense with making an application pursuant to paragraph 2. Acting on a proposal from the Commission, the Council shall decide whether these provisions will also be applied to other species."
9. In Article 21 (2), the words "30 June 1977" shall be replaced by "30 June 1978".
