5.5.2000 Official Journal of the European Communities L1083 COMMISSION REGULATION (EC) No 930/2000 of 4 May 2000 establishing implementing rules as to the suitability of the denominations of varieties of agricul- tural plant species and vegetable species THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Directive 70/457/EEC of 29 September 1970 on the common catalogue of varieties of agricultural plant species ('), as last amended by Directive 98| 96/EC (3, and in particular Article 9(6) thereof, Having regard to Council Directive 70[458/EEC of 29 September 1970 on the marketing of vegetable seed (*), as last amended by Directive 98/96EC, and in particular Article 10(6) thereof, Whereas: (1)  Directives 70/457[EEC and 70/458/EEC have laid down general rules in relation to the suitability of variety denominations, by means of a reference to Article 63 of Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights (), as amended by Regulation (EC) No 2506/95 (°). (2)  For the purposes of the application of Directives 70/ 457 EEC and 70/458/EEC, it is appropriate to establish detailed rules for the application of the criteria set out by Article 63 of Regulation (EC) No 2100/94, in particular in respect of the impediments for the designation of a variety denomination as specified in paragraphs 3 and 4 thereof. In a first phase, such detailed rules should be limited to the following impediments: — use precluded by the prior right of a third party, — difficulties as regards recognition or reproduction, — denominations which are identical or may be confused with a variety denomination of another variety, — denominations which are identical or may be confused with other designations, — misleading or causing confusion concerning the characteristics of the variety or other features. (3)  The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry, () O L 225, 12.10.1970, p. 1. () O] L 25, 1.2.1999, p. 27. () O] L 225, 12.10.1970, p. 7. (% O] L 227, 1.9.1994, p. 1. () O] L 258, 28.10.1995, p. 3. HAS ADOPTED THIS REGULATION: Article 1 The present Regulation establishes, for the purposes of the application of Article 9(6), first subparagraph, of Directive 70/457[EEC and of Article 10(6), first subparagraph, of Directive 70[458/EEC, detailed rules for the application of certain criteria set out by Article 63 of Regulation (EC) No 2100/94 for the eligibility of variety denominations. Article 2 1. In the case of a trade mark as a prior right of a third party, the use of a variety denomination in the territory of the Community shall be considered to be precluded by the noti- fication to the competent authority for the approval of the variety denomination of a trade mark, which has been regis- tered in one or more Member States or at Community level prior to the approval of the variety denomination, and which is identical or similar to the variety denomination and registered in relation to goods which are identical or similar to the plant variety concerned. 2. In the case of a prior right of the applicant in respect of whole or part of the proposed denomination, Article 18(1) of Regulation (EC) No 2100/94 shall apply mutatis mutandis. Article 3 1. A variety denomination shall be considered to cause its users difficulties as regards recognition or reproduction in the following cases: (a) where it is in the form of a ‘fancy name’ (i) it consists of a single letter; (i) it consists of, or contains as a separate entity, a series of letters not forming a pronounceable word, except where this series in an established abbreviation; (ili) it contains a number, except where this is an integral part of the name, or where this indicates that the variety is or will be one of a numbered series of biologically related varieties; (iv) it consists of more than three entities; however, in the case of Article 63(4) of Regulation (EC) No 2100/94, more than three entities shall not be considered as an impediment;