An agency of the European Union

The committees of the CPVO

The Administrative Council of the CPVO, having regard to Articles 35(2) and 36(1)(c) of Council Regulation (EC) No 2100/94, decided on December 1999, for five years commencing 1/1/2000, to create 5 committees in the Office with the functions described below -


  1. A committee to decide on:
    • a petition for a declaration of nullity in relation to a Community plant variety right or for the cancellation thereof; and
    • the award of costs arising out of proceedings relating to such a petition.
  2. A committee to decide on :
    • an application for a compulsory exploitation right or a non-exclusive exploitation right.
  3. A committee to decide on:
    • an application for a Community plant variety right; and
    • the validity of an objection to the grant of a right.
  4. A committee to decide on:
    • a proposal for a variety denomination and on any subsequent amendment of a variety denomination.
  5. A committee to decide on:
    • the non-suspensory effect of an Appeal and on restituto in integrum; and
    • the award of costs arising out of Appeal proceedings

The composition

By decision of the President of the CPVO, the composition of all five committees established by decision of the Administrative Council of 22 March 2011 is as follows as from 1 November 2013:

Committee Composition Tasks
Committee 1 Vice-President of the CPVO, Head of Legal Unit (Chair) and Legal adviser. 1. Nullity of protection (Art 20 BR*)
2. Cancellation of protection (Art 21 BR)
Committee 2 Vice-President of the CPVO, Head of Legal Unit (Chair) and Legal adviser. Compulsory exploitation rights (Art 29 BR)
Committee 3 Vice-President of the CPVO (Chair), Head of Technical Unit and Head of Legal Unit. 1. Grant of CPVR** (Art 62 BR)
2. Refusal of CPVR (Art 61 BR)
3. Objections (Art 59 BR)
Committee 4 Vice-President of the CPVO (Chair), Head of Technical Unit and Head of Legal Unit. 1. Approval of variety denominations (Art 63 BR)
2. Amendment of variety denominations (Art 66 BR)
Committee 5 Vice-President of the CPVO, Head of Legal Unit (Chair) and Legal adviser. 1.Non suspensory effect of a decision (Art 67(2) BR)
2. Restitutio in integrum (Art 80 BR)
3. Apportionment of costs (Art 85 BR)

* Basic Regulation (Council Regulation (EC) N° 2100/94 of 27 July 1994)

** Community plant variety rights