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Regulation on the authorisation of conservation varieties and the placing on the market of seed and planting material of conservation varieties

Original Language Title: Verordnung über die Zulassung von Erhaltungssorten und das Inverkehrbringen von Saat- und Pflanzgut von Erhaltungssorten

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Regulation on the authorisation of conservation varieties and the placing on the market of seed and planting material of conservation varieties (conservation variety regulation)

Unofficial table of contents

Conservation V

Date of completion: 21.07.2009

Full quote:

" Conservation Order Ordinance of 21 July 2009 (BGBl. 2107), as last amended by Article 3 of the Regulation of 6 January 2014 (BGBl). 26) has been amended "

Status: Last amended by Art. 3 V v. 6.1.2014 I 26

For more details, please refer to the menu under Notes
*)
This Regulation provides for the implementation of Commission Directive 2008 /62/EC of 20 June 2008, with derogations for the authorisation of land varieties and other varieties adapted to natural, local and regional conditions, and genetic erosion, as well as the placing on the market of seeds or seeds, Seed potatoes of these varieties (OJ L 327, 30.4.2004 OJ L 162, 21.6.2008, p. 13).

Footnote

(+ + + Text proof: 25.7.2009 + + +) 
(+ + + Official note from the norm-provider on EC law:
Implementation of the
EGRL 62/2008 (CELEX Nr: 32008L0062) + + +)

The V was adopted as Art. 1 of V v. 21.7.2009 I 2107 by the Federal Ministry of Food, Agriculture and Consumer Protection with the consent of the Federal Council. She's gem. Art. 3 of this V entered into force on 25.7.2009. Unofficial table of contents

§ 1 Scope

The provisions of this Regulation shall apply to the authorisation of conservation varieties and to the placing on the market of seed of conservation varieties of the varieties of conservation laid down in the Annex to the Regulation on the list of species of species to be used in the version of the Seed Law Notice of 27 March October 2004 (BGBl. 2696), in the version in force in force, other than vine, ornamental plant species and fruit trees. Unofficial table of contents

§ 2 Conditions for the authorisation as maintenance sorte

(1) A variety shall be approved as a conservation variety if:
1.
it is not registered either in the list of varieties or in the Common Catalogue of varieties of agricultural plant species of the European Community or in the Common Catalogue of varieties of vegetable species of the European Community,
2.
it is not protected by a national or Community plant variety right and is not in the application procedure for the grant of such a plant variety right,
3.
since
a)
the erasure from the list of varieties, the common catalogue of varieties of agricultural plant species or the common catalogue of varieties of vegetable species, and
b)
the expiry of a period after
aa)
Section 52 (6) of the Seed Transport Act,
bb)
Article 15 (2) of Council Directive 2002/53/EC of 13 June 2002 on a common catalogue of varieties of agricultural plant species (OJ L 201, 31.7.2002, p. 1), as amended, or
cc)
Article 15 (2) of Council Directive 2002/55/EC of 13 June 2002 on the marketing of vegetable seed (OJ L 327, 31.12.2002, p. 33), as amended in each case
a period of at least two years has elapsed, and
4.
the variety is traditionally grown in certain areas (regions of origin) and is adapted to the specific regional conditions of the variety; and
5.
It is ensured that the plant variety conservation is carried out in accordance with § 50 of the Seed Law in the region of origin.
(1a) By way of derogation from paragraph 1, a vegetable variety shall be authorised to be a species of conservation (amateur variety) grown for cultivation under special conditions of cultivation or natural siting conditions, provided that:
1.
the conditions laid down in points 1 to 3 of paragraph 1 are met, and
2.
does not have any value for cultivation for commercial purposes.
(2) The examination of distinctness and consistency shall at least be based on the characteristics of the Federal Office of the Federal Office of the Federal Government of Germany
1.
the technical questionnaires set out in Annex I to Commission Directive 2003 /90/EC of 6 June 2003, October 2003 laying down detailed rules for the application of Article 7 of Council Directive 2002/53/EC as regards the characteristics to which the tests have to be carried out and the minimum requirements for the examination of certain varieties agricultural plant species (OJ L 327, 7), as amended, by the Community Plant Variety Office,
2.
technical questionnaires of the guidelines of the International Association for the Protection of New Varieties of Plants referred to in Annex II to Directive 2003 /90/EC, as amended,
3.
the technical questionnaires set out in Annex I to Commission Directive 2003 /91/EC of 6 June 2003, October 2003 laying down detailed rules for the application of Article 7 of Council Directive 2002/55/EC as regards the characteristics to which the tests must be carried out at least and the minimum requirements for the examination of certain varieties of Vegetables (OJ L 327, 22.4. 11), as amended, of the Community Plant Variety Office; or
4.
technical questionnaires of the guidelines of the International Association for the Protection of New Varieties of Plants referred to in Annex II to Directive 2003 /91/EC, as amended in each case
(3) The examination of the homogeneity lays down the rules of the Federal Office for the Environment
1.
listed in Annex I to Directive 2003 /90/EC, as amended, of the Community Plant Variety Office,
2.
Annex II to Directive 2003 /90/EC, as amended, by the International Association for the Protection of New Varieties of Plants,
3.
listed in Annex I to Directive 2003 /91/EC, as amended, of the Community Plant Variety Office, or
4.
in Annex II to Directive 2003 /91/EC, as amended, by the International Association for the Protection of New Varieties of Plants
on. By way of derogation from the requirements set out in the above-mentioned Protocols of the Community Plant Variety Office and the guidelines of the International Association for the Protection of New Varieties of Plants, a population standard of 10 of the hundred and a population standard shall apply. Acceptance of at least 90 of the hundred if the homogeneity is determined on the basis of deviating plants. (4) By way of derogation from § 44 (1) of the Seed Law, the Federal Office of the Law of the Federal Government may decide to cultivate the variety for the purpose of: Examination of distinctness, resistance and homogeneity, if the Findings necessary for a decision on the authorisation of the conservation variety on the basis of the
1.
description of the conservation variety and its name,
2.
prior own examination results of the Federal Office of the Federal Office,
3.
the results of non-official cultivation tests,
4.
findings obtained on the basis of practical experience in cultivation, reproduction and use; or
5.
other findings, in particular by the authorities responsible for plant genetic resources,
(5) In the case of a conservation variety of vegetables, the list of varieties shall be placed on the list of varieties instead of the indication in accordance with Article 47 (1) (7) of the Seed Transport Act of the reference " conservation variety whose seed has been approved in accordance with Article 11 of Directive 2009 /145/EC of the Commission is "registered". By way of derogation from the first sentence, the reference "species grown under certain conditions whose seeds are controlled under Article 26 of Directive 2009 /145/EC of the Commission" shall be registered by way of derogation from the first sentence of the first sentence. Unofficial table of contents

§ 3 Determination of the national cultural value

By way of derogation from § 34 of the Seed Transport Act, a conservation variety has a national cultural value if it is significant in terms of the conservation of plant genetic resources. This condition is met, in particular, if there is a risk of a significant reduction in genetic diversity. Unofficial table of contents

Section 4 Application for authorisation of a conservation variety

(1) The applicant has to provide the following information and documents with the application for authorisation of a conservation variety at the Federal Office of the Federal Office of the Federal Government.
1.
a variety denomination;
2.
a variety description in accordance with the rules referred to in Article 2 (2) and (3);
3.
the designation of at least one region of origin,
4.
an indication of the date
a)
the last deletion of the variety from the list of varieties or the Common Catalogue of varieties of agricultural plant species;
b)
the expiry of a period pursuant to Article 2 (1) (3) (b),
c)
the cessation of plant variety rights,
5.
a certificate issued by the competent authority certifying that it is a variety whose conservation as a plant genetic resource is significant in the region of origin.
By way of derogation from point 1 of the first sentence, a number of names shall be permitted for a variety, provided that it is a historically known name of that variety. A certificate referred to in the first sentence of paragraph 5 shall not be required if the variety is considered to be threatened in its stock. The application and the indication of the variety denomination shall not apply to the application for the authorisation of an amateur variety. (2) The forms shall be used for the application and the indication of the denomination of the variety. Unofficial table of contents

§ 5 Requirements for seed

(1) By way of derogation from Section 3 (1), first sentence, point 1 of the Seed Transport Act, seeds of approved conservation varieties may be placed on the market without recognition. (2) Seeds of conservation varieties may only be placed on the market if:
1.
is derived from seed which has been obtained in accordance with the principles of systematic maintenance,
2.
it comes from propagating stocks, the location of which is the location of the trader up to the date specified in Annex 1 to the seed regulation for the region of origin, or, in the case of a propagation stock, in a region referred to in paragraph 3, the date of entry for that region; competent authority,
3.
at least the conditions for
a)
Certified seed referred to in Article 2 (1) (c) (c), (c), (c) (c) and (c) (c) (c) in each case in conjunction with Annexes I and II to Council Directive 66 /401/EEC of 14 June 1966 on the Transport of fodder plant seed (OJ L 327, 30.4.2004, p OJ L 125, 11.7.1966, p. 2298), as amended,
b)
Certified seed referred to in Article 2 (1) (E) (c) and (G) (G), in each case in conjunction with Annexes I and II to Council Directive 66 /402/EEC of 14 June 1966 on the marketing of cereal seed (OJ L 103, 25.4.1966, p. 2309), as amended,
c)
Certified seed referred to in Article 2 (1) (d) of the small letter iii in conjunction with Annex I to Council Directive 2002/54/EC of 13 June 2002 on the marketing of beet seed (OJ L 327, 31.12.2002, p. 12), as amended,
d)
Certified seed referred to in Article 2 (c) of the small letter iii in conjunction with Annexes I and II to Council Directive 2002/56/EC of 13 June 2002 on the marketing of seed potatoes (OJ L 80, 23.3.2002, p. 60), as amended,
e)
Certified seed referred to in Article 2 (1) (e) (iii), (g) lowercase (iii) and (h) lowercase (iii), in each case in conjunction with Annexes I and II to Council Directive 2002/57/EC of 13 June 2002 on the Transport of seeds of oil and fibre plants (OJ L 327, 28.3.2002, 74), as amended, or
f)
Standard seed referred to in Article 2 (1) (e) in conjunction with Annex II to Council Directive 2002/55/EC of 13 June 2002 on the marketing of vegetable seed (OJ L 327, 31.12.2002, p. 33), as amended in each case
meets and
4.
has been produced in one of the regions of origin to which the authorisation of the variety is concerned.
The second point of point 2 shall not apply to seed of the conservation varieties of vegetables, including amateur varieties. The first paragraph of paragraph 4 shall not apply to seed of amateur varieties. By way of derogation from point 3 of the first sentence, seed of a conservation variety, other than seed of vegetable varieties of vegetables, including amateur varieties, may be placed on the market even if it has grown from propagation stocks in respect of which the the number of non-sufficiently varietal or other varieties of the same type of plant belonging to the acts of the European Community referred to in point 3 of Annex I to the Annex I to that Annex, shall not be allowed to: (3) By way of derogation from the first sentence of paragraph 2, point 4 may be: Bundessortenamt shall authorise the placing on the market of seed of a conservation variety which has been produced in a region other than the region of origin upon request, if the region of origin or parts thereof are based on geological or climatic conditions. (4) Grape varieties of the conservation varieties of potatoes shall be placed on the market only if it originates from a propagating area whose site is at least three months prior to the beginning of the sowing. (5) § 33 of the Planting potato regulation shall not apply to the conservation varieties of potatoes. Unofficial table of contents

§ 6 Restriction of placing on the market

(1) The Federal Office of the Federal Office shall determine the maximum quantity of seed approved for each year of maintenance and year for placing on the market in such a way as to ensure that the maximum quantity fixed for each seed shall be:
1.
in the case of varieties of barley, forage peas, potato, maize, rapeseed, sunflower and wheat, 0.3 of the hundred of the quantity sown in seed of the same species in a cultivation year throughout the territory of the Federal Republic, or
2.
in the case of varieties of all other species other than vegetable species, 0.5% of the quantity of seed of the same species in a cultivation year throughout the territory of the Federal Republic,
does not exceed. If the quantity referred to in the first sentence is not sufficient to order 100 hectares of land, the Federal Office of the Federal Office shall set the quantity required for the placing of 100 hectares of plants of this variety as a maximum quantity. (2) The sum of the quantities for all shall be increased. Conservation varieties of a plant species referred to in paragraph 1 shall fix maximum quantities of 10 of the hundred of the quantity of seed of the same species in a year of cultivation throughout the territory of the Federal Republic of Germany, the Office of the Federal Office of the Federal Office of the Office shall determine the maximum quantities which have been reduced in proportion. If the application of the first sentence leads to the fact that the sum of the maximum quantities fixed for all types of conservation of a plant species is not sufficient to order 100 hectares with plants of this type, the Federal Office of the Federal Office of Germany shall only suspend the proportion of the maximum quantities of plants which have been shortened. Maximum quantities shall be fixed where the sum of the quantitative limits laid down for all types of conservation of a plant species referred to in paragraph 1 exceeds the quantity of seed required for the placing of 100 hectares. (2a) By way of derogation from paragraph 1, the Federal Office of the Union shall apply: Conservation varieties of vegetable species, except for amateur varieties, the maximum quantity of Variety of seed authorised annually for the purpose of placing on the market such that the quantity fixed per approved conservation variety of the vegetable species in question does not exceed the quantity for the production of vegetables of the vegetable species concerned on the basis of the quantity of seed authorised for the production of the vegetables in question. (3) Seeds of conservation varieties other than amateur varieties may be placed on the market only at the first stage of the trade, to which: the Federal Office of the Office has assigned a quantity of seed. Applications for the allocation of the quantity of seed shall be submitted to the Office of the Federal Office by the Federal Office for Plant Variety, using the forms of the Bundessortenamtes up to the date announced in the Plant Variety Office. (4) The applicant shall indicate in the application:
1.
the conservation variety,
2.
Variety denomination,
3.
seed quantity applied for,
4.
The size and position of the area from which the seed comes from or on which the seed is to be produced.
(5) The Federal Office of the Federal Office of Germany shall assign the quantities of seed to the applicants. If the sum of the quantities of seed requested by the applicants for a conservation variety exceeds the maximum quantity fixed for this variety, the Federal Office of Germany shall assign the quantities of seed to the applicants for a reduction in proportion. (6) Seed of a seed of authorised maintenance only in the region of origin of a variety in accordance with Article 4 (1) (3) or in an additional region for the marketing of seed in accordance with § 7. (7) Those who have been given seed of conservation varieties in the Transport shall, at the end of each marketing year, be subject to the competent authority of the seed placed on the market, in writing, per conservation order. Unofficial table of contents

Section 7 Additional region for the marketing of seeds

An applicant may designate an additional region for the placing on the market of seed in relation to the Federal Office of the Federal Office for the marketing of seed, in which the natural cultivation conditions for the conservation variety are comparable to the conditions of the region of origin. The Federal Office of Germany shall only authorise an additional region for the placing on the market of seed if no authorisation has been granted for the maintenance in question in accordance with Article 5 (3) and if the applicant is not authorised to do so by means of a certificate issued by the The competent authority of origin shall verify that the preservation of the variety in the region of origin is ensured. Unofficial table of contents

§ 8 Packaging and closure

(1) For packs of seed of amateur varieties, the net maximum weights referred to in Annex II to Directive 2009 /145/EC, as amended, shall apply in accordance with. (2) Packages or containers of seed of conservation varieties shall be subject to: to be closed and to have a fuse that marked it. Section 34 (2) and (4) of the seed regulation, as amended by the Notice of 8 February 2006 (BGBl. 344), as last amended by Article 2 of the Regulation of 23 July 2008 (BGBl I). (3) The fuses may not be interchangeable with colombs, banderoles or sealing marks for packagings of recognized seed, according to colour and inscription. Unofficial table of contents

§ 9 Labelling

Seed of a conservation variety may be placed on the market only in packages on which a manufacturer's label, imprint or a stamp with the following information is located:
1.
the indication "EC standard",
2.
the name and address of the person responsible for the identification,
3.
the year of closure with the indication "closed ..." or, except in the case of seed potatoes, the year of the last sampling for the purpose of the germination test, with the indication "tested ...", § 40 (4) of the Seed Regulation shall apply accordingly,
4.
plant species,
5.
Variety denomination of the conservation variety or amateur variety,
6.
the indication "conservation variety", the indication "standard seed of a conservation variety" in the case of the conservation varieties of vegetables, and "standard seed of an amateur variety" in the case of amateur varieties,
7.
the region of origin, except in the case of amateur varieties,
8.
in the case of seed whose placing on the market has been authorised in accordance with Article 5 (3), the indication of the region of seed production,
9.
the reference number of the lot, awarded by the person responsible for the marking,
10.
the net or gross weight indicated or, except in the case of seed potatoes, the number of seeds indicated,
11.
in the case of weight and in the case of the use of granulated plant protection products, granulating substances or other solid additives, the nature of the additive and the approximate ratio between the weight of the seed and the seed Total weight of the package; this does not apply to seed potatoes.