Brussels, 25 Feb 2005
No. Cion prop.: 163/04
Subject: Proposal for a Council Decision approving the accession of the European Community to the International Convention for the Protection of New Varieties of Plants, as revised at Geneva on 19 March 1991
1. The above proposal was submitted to the Council on 17 December 2004. Its purpose is to have the Community accede to the UPOV Convention, adopted in 1961, concerning international recognition of the intellectual property rights of plant variety breeders, discoverers or developers.
2. At its meeting on 18 February 2005 the Working Party on Agricultural Questions discussed the Commission proposal in detail.
All delegations came out in favour of the EC becoming a party to the Convention as soon as possible.
In the actual text of the Decision, however, the Working Party met with the following two problems 1:
(a) Legal basis for the Decision
The Commission was proposing Articles 37 and 300 of the EC Treaty as a legal basis for the future Decision.
With doubts having been expressed as to the choice of Article 37, the Working Party put
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