Introductory text

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 308, in conjunction with Article 300(2), first subparagraph and Article 300(3), first subparagraph thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Whereas:

The International Convention for the Protection of New Varieties of Plants (hereinafter referred to as the UPOV Convention), adopted in Geneva on 19 March 1991, makes available to breeders of new plant varieties an exclusive property right, on the basis of a set of uniform and clearly defined principles.

The competence of the Community to conclude or accede to international agreements or treaties does not derive only from explicit conferral by the Treaty but may also derive from other provisions of the Treaty and from acts adopted pursuant to those provisions by Community institutions.

The subject matter of the UPOV Convention falls also within the scope of existing Community regulations in this field.

It follows that the approval of the UPOV Convention is a matter for both the Community and its Member States.

The UPOV Convention should be approved on behalf of the Community with regard to matters within its competence,

HAS DECIDED AS FOLLOWS: