22.10.2004 Official Journal of the European Union L 321/29 COMMISSION REGULATION (EC) No 1831/2004 of 21 October 2004 amending Commission Regulation (EC) No 930/2000 establishing implementing rules as to the suitability of the denomination of varieties of agricultural 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 2002/53/EC of 13 June 2002 on the common catalogue of varieties of agricultural plant species (), and in particular Article 9(6) thereof, Having regard to Council Directive 2002/55/EC of 13 June 2002 on the marketing of vegetable seed (3), and in particular Article 9(6) thereof, Whereas: (1)  Directives 2002/53/EC and 2002/55/EC lay 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 (?). (2)  Commission Regulation (EC) No 930/2000 (%) established detailed rules for the application of certain criteria set out by Article 63 of Regulation (EC) No 2100/94, in particular in respect of the impediments to the desig- nation of a variety denomination. (3)  Due to developments in the area of protection of geogra- phical indications and designation of origin for agri- culture products, as laid down in Council Regulation (EEC) No 2081/92 (°), and to changes in the proceedings before the Community Plant Variety Office as laid down in Commission Regulation (EC) No 1239/95(°), the detailed rules established by Regulation (EC) No 930/2000 should be updated accordingly. (4 Regulation (EC) No 930/2000 should therefore be amended. (') OJ L 193, 20.7.2002, p. 1. Directive as last amended by Regulation (EC) No 1829/2003 of the European Parliament and of the Council (O] L 268, 18.10.2003, p. 1). (®» OJ L 193, 20.7.2002, p. 33. Directive as last amended by Regulation (EQ) No 1829/2003. (®) OJ L 227, 1.9.1994, p. 1. Regulation as last amended by Regulation (EQ) No 1650/2003 (O] L 245, 29.9.2003, p. 28). (% OJ L 108, 5.5.2000, p. 3. (®) OJ L 208, 24.7.1992, p. 1. Regulation as last amended by Regu- lation (EC) No 806/2003 (O] L 122, 16.5.2003, p. 1). (®) OJ L 121, 1.6.1995, p. 37. Regulation as last amended by Regu- lation (EC) No 2181/2002 (O] L 331, 7.12.2002, p. 14). (5)  The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Seeds and Propagating Material for Agri- culture, Horticulture and Forestry, HAS ADOPTED THIS REGULATION: Article 1 Regulation (EC) No 930/2000 is amended as follows: 1. In Article 2, the following paragraphs are inserted: 2. In the case of a geographical indication or a desig- nation of origin for agricultural products and foodstuffs as a prior right of a third party, a variety denomination in the territory of the Community shall be considered to be precluded where the variety denomination would breach Article 13 of Council Regulation (EEC) No 2081/92 (¥ with respect to the geographical indication or the desig- nation of origin protected in a Member State or in the Community under Articles 5(5), 6 or the former Article 17 of that Regulation for goods which are identical or comparable to the plant variety concerned. 3. An impediment to the suitability of a denomination due to a prior right referred to in paragraph 2 may be removed where a written consent of the holder of the prior right to the use of the denomination in relation to the variety has been obtained, provided that such a consent is not liable to mislead the public as to the true origin of the product. (*) OJ L 208, 27.7.1992, p. 1. 2. In Article 2, point 2 becomes point 4. 3. Article 3(1) is amended as follows: () Point (a) is replaced by the following: ‘(a) where it is in the form of a “fancy name”: (i) it consists of a single letter,