Regulation On The Approval Of Conservation Varieties And The Placing On The Market Of Seed And Propagating Material Of Varieties Of Conservation

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 products of conservation varieties (conservation variety regulation)

Non-official Table of Contents

Compliance V

Date of Date: 21.07.2009

Full quote:

" Order Order Ordinance of 21. July 2009 (BGBl. 2107), which was last amended by Article 3 of the Regulation of 6 June 2008. January 2014 (BGBl. I p. 26) "

:Last modified by Art. 3 V v. 6.1.2014 I 26

For details, see the Notes
*)
This Regulation is designed to implement the Commission's Directive 2008 /62/EC of 20 February 2008. June 2008, with derogations for the authorisation of land varieties and other varieties adapted to natural, local and regional conditions and threatened by genetic erosion, as well as to the placing on the market of seed and/or seeds, respectively. Seed potatoes of these varieties (OJ L 327, 30.4.2004, 13).

footnote

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

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

§ 1 Scope

The provisions of this Regulation shall apply to the approval of conservation varieties and to the The placing on the market of seed of conservation varieties in the Annex to the Regulation on the list of species of species to be used in the seed transport act, as amended by the 27. October 2004 (BGBl. 2696), in the version in force, other than vine, ornamental plant species and fruit trees. Unofficial table of contents

§ 2 Requirements for approval as a maintenance sorte

(1) A variety is approved as a conservation variety if
1.
neither in the list of varieties nor in the Common Catalogue of Plants for Agricultural Plant Specs the European Community or the common catalogue of varieties of vegetables of the European Community,
2.
not by a national or a national or national level. Community plant variety protection and is not included in the application procedure for the issue of such a variety right,
3.
since
a)
the deletion from the list of varieties, the Common Catalogue of varieties for agricultural plant species or the common catalogue of varieties of vegetable species and
b)
the expiry of a period in accordance with
aa)
§ 52 (6) of the Seed Transport Act,
bb)
Article 15 (2) of Council Directive 2002/53/EC of 13 July 2007. June 2002 on a common catalogue of varieties of agricultural plant species (OJ L 327, 30.4.2002, p. 1), as amended, or
cc)
Article 15 (2) of Council Directive 2002/55/EC of 13 July 2002 on the basis of Article 15 (2) of Directive 2002 /55/EC of the European Parliament and of the Council of 13 June 2002 June 2002 on the marketing of vegetable seed (OJ L 327, 30.4.2002, p. 33) in the version in
elapsed for at least two years and
4.
the variety has traditionally been used in the particular areas (regions of origin) are cultivated and adapted to their specific regional conditions, and
5.
ensures that the plant variety is kept in accordance with §
(1a)way of derogation from paragraph 1, a vegetable variety shall be considered as having been cultivated for cultivation under special conditions of cultivation or natural siting conditions. Maintenance variety (amateur variety), if they are
1.
the requirements specified in paragraph 1 (1) to (3)
2.
has no value for cultivation for commercial purposes.
(2) The examination of distinctness and durability shall at least which are based on the characteristics of the
1.
technical questionnaires listed in Annex I to Directive 2003 /90/EC of the Commission of 6 October 2003 laying down detailed rules for the application of Article 7 of Council Directive 2002/53/EC as regards the characteristics to be covered by the tests at least, and the minimum requirements for the examination of certain varieties of agricultural plant species (OJ L 327, 7), as amended, by the Community Plant Variety Office,
2.
Technical questionnaires listed in Annex II to the Directive 2003 /90/EC as amended by the International Association for the Protection of New Varieties of Plants,
3.
Technical questionnaires of the International Association for the Protection of Plants of Plants 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, 30.4.2004 11) as amended by the Community Plant Variety Office,
4.
technical questionnaires listed in Annex II to the Directive 2003 /91/EC, as amended, by the International Association for the Protection of New Varieties of Plants
International Association for the Protection of New Varieties of Plants)
.(3) The degree of homogeneity shall be examined by the Office of the Federal Office for the requirements of the
1.
in Annex I to the Directive 2003 /90/EC, as amended, of the Community Plant Variety Office,
2.
in Annex II to Directive 2003 /90/EC, in each case the International Association for the Protection of New Varieties of Plants, which is in force,
3.
in Annex I to Directive 2003 /91/EC, in each of the applicable Protocols of the Community Plant Variety Office or
4.
in Annex II to Directive 2003 /91/EC, as amended, of the Directives of the Community Plant Variety Office International Association for the Protection of Plant Breeds
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. Acceptability of at least 90 of the hundred when the homogeneity is determined on the basis of different plants.(4) By way of derogation from Section 44 (1) of the Seed Law, the Office of the Federal Office of the Federal Office may, for the purposes of checking distinctness, consistency and homogeneity, see the cultivation of the variety for the purpose of determining whether it is necessary to make a decision on the approval of the conservation variety on the basis of the
1.
Description of the conservation variety and its Label,
2.
earlier own audit results of the bundle ortenamtes,
3.
Results non-official cultivation exams,
4.
findings obtained from practical experience in cultivation, reproduction and use, or
5.
Other findings, especially from the authorities responsible for plant genetic resources,
are sufficient.(5) In the case of a conservation variety of vegetables, the list of varieties shall be included in the list of varieties, instead of the indication in accordance with Article 47 (1) (7) of the Seed Transport Act, " conservation variety, the seeds of which shall be listed in accordance with Article 11 of Directive 2009 /145/EC '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. Non-official 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. Non-official table of contents

§ 4 Application for approval of a conservation type

(1) The applicant has submitted an application for authorisation of a Make the following information and submit documents to the Bundessortenamt:
1.
Variety denomination,
2.
a variety description according to the rules referred to in § 2 (2) and (3),
3.
the designation of at least one origin region,
4.
an indication of the date
a)
the last erasure of the variety from the list of varieties or the Common Catalogue of varieties for agricultural plant species,
b)
the expiry of a period in accordance with section 2 (1) (3) (b),
c) (c)
(dd) style="font-weight:normal; font-style:normal; text-decoration:none;">
5.
a certificate from the competent authority, from which indicates that it is a variety whose conservation as a plant genetic resource is significant in the region of origin.
By way of derogation from the first subparagraph of point 1, a number of names may be permitted for a variety, provided that: -a certificate as defined in the first sentence of paragraph 5 shall not be required if the variety is considered to be threatened in its stock. The number 3 and 5 shall not apply to the application for the authorisation of an amateur variety.(2) For the application and the indication of the variety denomination, the forms of the Bundessortenamtes are to be used. Non-official table of contents

§ 5 Requirements for the seed

(1) By way of derogation from § 3 (1), first sentence, point 1 of the seed transport act, seed shall be permitted to: authorized conservation varieties are placed on the market without recognition.(2) Seeds of conservation varieties shall be placed on the market only if the seed is derived from
1.
of seeds; which has been obtained in accordance with the principles of systematic conservation breeding,
2.
is derived from propagating stocks, the location of which is the same as that in Appendix 1 to the Seed regulation dates for the region of origin, or in the case of a propagation stock in a region referred to in paragraph 3, notified to the competent authority for that region,
3.
at least the requirements for
a)
Certified seed referred to in Article 2 (1) (C) lowercase c, letter Ca lowercase c and letter Cb Kleinspell c each in conjunction with Annexes I and II of Council Directive 66 /401/EEC of 14 June 1991. June 1966 on the marketing of fodder plant seed (OJ L 327, 31.12.1966, p. 2298), as amended,
b)
Seed certified in accordance with Article 2 (1) (E) (c) and (G) Small letter c, respectively, in conjunction with Annexes I and II to Council Directive 66 /402/EEC of 14 June 1992. June 1966 on the marketing of cereal seed (OJ L 327, 31.12.1966, p. 2309), as amended,
c)
Seed certified in accordance with Article 2 (1) (d) (iii) in conjunction with Annex I Directive 2002/54/EC of the Council of 13 June 2002 on the marketing of beet seed (OJ L 327, 30.4.2002, p. 12), as amended,
d)
Certified planting material referred to in Article 2 (c) (iii) in conjunction with the Annexes I and II of Directive 2002/56/EC of the Council of 13 June 2000 on the June 2002 on the marketing of seed potatoes (OJ L 327, 30.4.2002, p. 60), as amended,
e)
Certified seed referred to in Article 2 (1) (e) (e) (iii), (g), (g) (iii) and point (h) (iii) in each case in conjunction with Annexes I and II to Council Directive 2002/57/EC of 13 June 2000, June 2002 on the marketing of seeds of oil and fibre plants (OJ L 327, 28.3.2002, p. 74), as amended or
f)
Standard seed referred to in Article 2 (1) (e) in conjunction with Annex II to the Directive 2002 /55/EC of the Council of 13 June 2002 on the marketing of vegetable seed (OJ L 327, 30.4.2002, p. 33), as amended
, and
4.
in one of the regions of origin to which the plant variety authorisation is concerned, shall be (
)
(1) (2) does 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 be 50 of the hundred has passed.By way of derogation from point 4 of the first sentence of paragraph 2, the Office may 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 application if the region of origin or parts of the product concerned has been produced. they are not suitable for seed production due to geological or climatic conditions.(4) Plant varieties of the conservation varieties of potatoes shall be placed on the market only if it comes from a propagating area whose location has been notified to the relevant plant protection service at least three months before the sowing commencing is.(5) § 33 of the seed potato regulation shall not apply to the conservation varieties of potatoes. Non-official table of contents

§ 6 Restriction of the placing on the market

(1) The Federal Office of the Federal Office of Germany sets the maximum amount of each maintenance grade and year on the basis of the the marketing of approved seed such that the maximum fixed quantity
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 crop year throughout the territory of the Federal Republic, or
2.
in the case of varieties of all other types, except vegetable species, 0.5 out of the hundred of the quantity sown in seed of the same species in a growing year throughout the territory of the Federal Republic
does not exceed. If the quantity referred to in the first sentence is not sufficient to designate 100 hectares, the Federal Office of the Centre shall determine the quantity required for the planting of 100 hectares of plants of this variety as a maximum quantity.(2) The sum of the maximum quantities of 10 per cent of the quantity set for all types of conservation of a plant species referred to in paragraph 1 shall be superseded by the Federal Office for the Protection of the Federal Republic of Germany (Bundessortenamt), which shall be sown in seed of the same species in a year of cultivation throughout the territory of the Federal Republic of The maximum quantities are reduced in terms of attendance. 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 amount of the total quantity of plants which have been reduced in proportion to the total number of plants. Maximum quantities shall be fixed where the sum of the quantitative limits laid down for all the conservation varieties of a plant species referred to in paragraph 1 exceeds the quantity of seed required for the production of 100 hectares.(2a) By way of derogation from paragraph 1, for the conservation varieties of vegetable species, except for amateur varieties, the Federal Office of the Union shall determine the maximum quantity of seed per year of seed authorised for the placing on the market in such a way as to ensure that the level of conservation of the seeds per approved type of seed shall be such that: the quantity fixed for the vegetable species concerned does not exceed the quantity required for the production of vegetables of the vegetable species concerned in the area sizes referred to in Annex I to Directive 2009 /145/EC, as amended in each case is.(3) Seeds of conservation varieties, other than amateur varieties, may only be placed on the market at the first trading stage by the person who has assigned a quantity of seed to the Office of the Bundessortenamt. 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 Board.(4) The applicant shall indicate in the application:
1.
conservation variety,
2.
variety label,
3.
sown seed set,
4.
The size and location of the area from which the seed comes from or on which the seeds are to be produced.
(5) The Federal Office of the Federal Office of Germany assigns 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 the Office of the Federal Office of the Federal Office shall assign the quantities of seed to the applicants for a reduced proportion of the quantities of seed.(6) Seeds of an approved conservation variety may only be placed on the market 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 according to § 7.(7) Those who place on the market seed of conservation varieties shall, at the end of each marketing year, inform the competent authority in writing of the quantity of seed placed on the market per conservation variety. Non-official table of contents

§ 7 Additional region for the marketing of seed

An applicant may have an application to the Federal Office of the (c) designate an additional region for the marketing of seed in which the natural growing 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. Non-official table of contents

§ 8 Packaging and closure

(1) For packs of seed of amateur varieties, those listed in Annex II to the Directive 2009 /145/EC, as amended, in accordance with the respective applicable version of the Directive.(2) packs or containers of seed of conservation varieties shall be closed by that person and shall be provided with a security which has been marked. Section 34 (2) and (4) of the Seed Regulation, as amended by the 8. February 2006 (BGBl. 344), as last amended by Article 2 of the Regulation of 23 June 2000. July 2008 (BGBl. 1410) has been amended accordingly.(3) The fuses may not be interchangeable with colombs, banderoles or sealing marks for packagings of recognized seed after colour and inscription. Non-official table of contents

§ 9 Labelling

Seed of a conservation variety may only be placed on the market in packages on which a The manufacturer label, an imprint, or a stamp with the following information:
1.
the specification "EC Standard",
2.
Name and address of the person responsible for the identification,
3.
the year of closing with the " locked ... " or, except in the case of seed potatoes, the year of the last sampling for the purpose of the test of germination with the indication " tested ... ", § 40 (4) of the Seed Regulation applies accordingly,
4.
Plant art,
5.
Product name of the conservation variety or amateur type,
6.
the indication "conservation variety", at Conservation varieties of vegetables, the indication "standard seed of a conservation variety", in the case of amateur varieties the indication "standard seed of an amateur variety",
7.
region of origin, except in the case of amateur varieties,
8.
in the case of seeds the placing on the market of which has been approved in accordance with Article 5 (3), the indication of the region of Seed production,
9.
Reference number of the lot, assigned by the person responsible for the label,
10.
specified net or gross weight, or, except for seed potatoes, the specified number of seeds,
11.
in the case of the weight and in the case of the use of granulated plant protection agents, granulating agents or other solid additives, the type of additive and the approximate ratio between the weight of the pure seed and the total weight of the package; this does not apply to seed potatoes.