Article 81. Use of the Plenary Power.
81.1. Purpose and extent. The Commission has the plenary power [Art. 78.1], on due notice as prescribed by its Constitution, to modify the application of provisions of the Code to a particular case, if such application would in its judgment disturb stability or universality or cause confusion. For the purpose of preventing such disturbance and of promoting a stable and universally accepted nomenclature, it may, by use of its plenary power, conserve, totally, partially or conditionally suppress, or give a specified precedence to, or make available any name, type fixation or other nomenclatural act, or any publication, and establish replacements.
81.2. Guiding principles. In using the plenary power, the Commission is guided by the following principles although these do not limit its use of that power.
81.2.1. If two names are homonyms the older homonym may be "totally suppressed", i.e. suppressed for the purposes of both the Principle of Priority and the Principle of Homonymy so that the later homonym may continue in use as a valid name. A species-group name which has been "totally suppressed" remains an available name [Art. 10.6] and may still denote the type species of a genus or subgenus [Art. 67.1.2].
81.2.2. If two names are objective synonyms the older synonym may be "partially suppressed", i.e. suppressed for the purposes of the Principle of Priority alone, without being suppressed also for the purposes of the Principle of Homonymy.
81.2.3. If two names are considered to be subjective synonyms the older synonym may be suppressed for the purposes of the Principle of Priority alone, as in Article 81.2.2, or it may be "conditionally suppressed" to provide that the older name may be used only when
220.127.116.11. the taxa denoted by the names are regarded as distinct, or
18.104.22.168. it is the valid name of a taxon subordinate in rank to, and included in, the taxon denoted by the later name (e.g. a subfamily within a family or a subgenus within a genus).
Example. The butterfly generic name Argynnis Fabricius, 1807 was given precedence over Argyreus Scopoli, 1777 when the latter was conditionally suppressed by the Commission under the plenary power (Opinion 161 (1945)). Argyreus is available for use for a genus distinct from Argynnis. It is also available for use as the valid name of a subgenus within Argynnis and distinct from the nominotypical subgenus.
81.2.4. If the Commission refuses to use its plenary power in a particular case, the ruling in the Opinion is to specify the name(s) to be used, and the action (if any) to be taken.
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|FranciscoWelterSchultes||A new Art. 81.3 should be added.
"Art. 81.3. Undeliberate decisions published in Opinions. If the Commission published an Opinion and regarded availability of a name, gender, spelling, or mode of type fixation undeliberately (in passing by) as given, without having been aware of a problem or incorrectness concerning these issues, the treatment by the Commission is to be accepted as a decision under the plenary power."
Example. In Opinion 335 Cecilioides Férussac, 1814 (Gastropoda) was ruled to have been made available despite of having been published in a non-binominal work, its gender was regarded as feminine and its type species Buccinum acicula Müller, 1774 as having been fixed by monotypy. Type species by monotypy could not be applied because the work was not consistently binominal, so it is to be regarded as having been fixed under the plenary power. Feminine gender is to be regarded as having been fixed under the plenary power, setting aside Art. 22.214.171.124 following which the genus would have to be treated as masculine.
I have some other examples to illustrate the need and usefulness for a rule.
In Opinion 573 Helix vivipara Linnæus, 1758 (Gastropoda) as interpreted under the plenary powers was regarded as type species "by original designation" for Viviparus Montfort, 1810. This was incorrect, Montfort 1810 designated Viviparus fluviorum Montfort, 1810 as type and listed Helix vivipara as a synonym. Type species is currently undecided, under such a new rule it would be Helix vivipara fixed under the plenary power.
In Opinion 344 (and repeated in Op. 1664) regarded Truncatella costulata Risso, 1826 (Gastropoda) fixed by designated by Lowe 1855: 217 as type species for Truncatella Risso, 1826. This was incorrect, Lowe 1855 designated Cyclostoma truncatulum as type species and listed T. costulata as a synonym. Type species under the new rule would be T. costulata fixed under the plenary power.
In Opinion 335 Helix planorbis Linnæus, 1758 (Gastropoda) was regarded as type species by absolute tautonymy for Planorbis Müller, 1774. This was incorrect because Müller had established the genus in 1773 without species included, and Müller 1774: 152 did not mention a name Helix planorbis. Type species under the new rule would be H. planorbis fixed under the plenary power.
In Opinion 336 Tellina amnica Müller, 1774 (Bivalvia) was regarded as type species designated by Gray 1847: 185 for Pisidium Pfeiffer, 1821. This was incorrect, Gray 1847 did not designate T. amnica as type for Pisidium, but for Pisum Megerle von Mühlfeld, 1811, of which Gray regarded Pisidium to be a synonym. Under the new rule T. amnica would have been fixed as type for Pisidium under the plenary power.
In Opinion 336 Helix Draparnaldi was fixed as an incorrect original spellling for Helix draparnaudi Beck, 1837 (Gastropoda). It was overlooked that the name had been established without description and that only two subordinate variants denoted by letters had descriptions. The Code does not provide a guide how to interprete such a case, and the community is undecided. Some regard such a name as available, others not. For the latter, H. draparnaudi should be regarded as having been made available under the plenary power.