Seed Transport Act *) (SaatG)

Unofficial table of contents

SaatG

Date of completion: 20.08.1985

Full quote:

" Seed traffic law *) in the version of the notice of 16 July 2004 (BGBl. 1673), as defined in Article 372. 626 (6) of the Regulation of 31 August 2015 (BGBl. I p. 1474).

Status:	New by Bek. v. 16.7.2004 I 1673;
	Last amended by Art. 4 Abs. 84 G v. 7.8.2013 I 3154
Note:	Amendment by Art. 372 and 626 para. 6 V v. 31.8.2015 I 1474 proof of text, documentary proof not yet conclusive

For more details, please refer to the menu under Notes
This Act is designed to implement the following directives:

1.

Council Directive 66 /401/EEC of 14 June 1966 on the marketing of fodder plant seed (OJ L 103, 25.4.1966, p. 1). EC No 125 p. 2298/66), as last amended by Directive 2004 /55/EC (OJ L 206, 22.7.2004, p. EU No L 114 p. 18);

2.

Council Directive 66 /402/EEC of 14 June 1966 on the marketing of cereal seed (OJ L 103, 25.4.1966, p. (EC) No 129/66), as last amended by Directive 2003 /61/EC (OJ L 327, 31.12.2003, p. EU No L 165 p. 23);

3.

Council Directive 68 /193/EEC of 9 April 1968 on the marketing of propagating material for the vegetative propagation of the vine (OJ L 378, 31.12.1968, p. EC No 15), as last amended by Regulation (EC) No 1829/2003 (OJ L 284, 31.7.2003, p. EU No L 268 p. 1);

4.

Council Directive 92/33/EEC of 28 April concerning the placing on the market of vegetable propagating and vegetable propagating material other than seed (OJ L 206, 22.7.1992, p. 1). EC No 1), as last amended by Regulation (EC) No 806/2003 (OJ L 284, 31.7.2003, p. EU No L 122 p. 1);

5.

Council Directive 92/34/EEC of 28 April 1992 on the marketing of fruit plant propagating material and fruit plants intended for fruit production (OJ L 327, 28.12.1992, p. EC No 10), as last amended by Regulation (EC) No 806/2003 (OJ L 284, 31.10.2003, p. EU No L 122 p. 1);

6.

Council Directive 98 /56/EC of 20 July 1998 concerning the placing on the market of propagating material of ornamental plants (OJ L 327, 30.4.1998, p. EC No 16), as last amended by Regulation (EC) No 806/2003 (OJ L 284, 31.7.2003, p. EU No L 122 p. 1);

7.

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. EC No 1), as last amended by Regulation (EC) No 1829/2003 (OJ L 284, 31.7.2003, p. EU No L 268 p. 1);

8.

Council Directive 2002/54/EC of 13 June 2002 on the marketing of beet seed (OJ L 346, 31.12.2002, p. EC No 12), as last amended by Directive 2003 /61/EC (OJ L 327, 30.12.2003, p. EU No L 165 p. 23);

9.

Council Directive 2002/55/EC of 13 June 2002 on the marketing of vegetable seed (OJ L 327, 31.12.2002, p. EC No 33), as last amended by Regulation (EC) No 1829/2003 (OJ L 284, 31.7.2003, p. EU No L 268 p. 1);

10.

Council Directive 2002/56/EC of 13 June 2002 on the marketing of seed potatoes (OJ L 108, 27.4.2002, p. EC No 60), as last amended by Directive 2003 /61/EC (OJ L 327, 30.12.2003, p. EU No L 165 p. 23);

11.

Council Directive 2002/57/EC of 13 June 2002 on the marketing of seed of oil and fibre plants (OJ L 201, 31.7.2002, p. EC No 74), as last amended by Directive 2003 /61/EC (OJ L 327, 31.12.2003, p. EU No L 165 p. 23).

Footnote

(+ + + Text proof: 24.8.1985 + + +) 
(+ + + For application in the accession area cf.  for the period from 3.10.1990 to 
 31.12.1990 V v. 28.9.1990 I 2117 (EGRÜblV) u.  for the period from 1 January 1991 
 V v. 18.12.1990 I 2915 (EGÜblV) + + +) 
(+ + + measures on the basis of the EinigVtr cf.  SaatverkG 1985 Annex EV; 
 No more to be used in accordance with the provisions.  Art. 1 (5) (a)   
 G v. 21.1.2013 I 91 mWv 29.1.2013 + + +) 
(+ + + Official note from the norm-provider on EC law: 
 Implementation of the 
 EWGRL 401/66 (CELEX Nr: 1966L0401) 
 EWGRL 402/66 (CELEX Nr: 1966L0402) 
 EWGRL 193/68 (CELEX Nr: 1968L0193) 
 EEC-GRL 33/92 (CELEX Nr: 1992L0033) 
 EEC-GRL 34/92 (CELEX Nr: 1992L0034) 
 ERL 56/98 (CELEX Nr: 1998L0056) 
 ERL 53/2002 (CELEX Nr: 2002L0053) 
 EGRL 54/2002 (CELEX Nr: 2002L0054) 
 ERL 55/2002 (CELEX Nr: 2002L0055) 
 ERL 56/2002 (CELEX Nr: 2002L0056) 
 EC Directive 57/2002 (CELEX Nr: 2002L0057)  Bek.  v. 16.7.2004 I 1673 + + +)   

  

Heading: Bar abbreviation inserted. by Bek. v. 16.7.2004 I 1673 mWv 13.2.2004

Section 1
Seed order

Subsection 1
General provisions

Unofficial table of contents

§ 1 Scope

(1) Subject to § § 56 and 57 for seed and propagating material of the species listed in the list of species to this Act, this law applies. (2) The Federal Ministry of Food and Agriculture is authorized by the law of law to: Consent of the Federal Council to draw up the list of species of species to this law. A species may not be included in the list of species only if it is necessary for the implementation of European Community or European Union legislation or for the protection of the consumer. A species may be deleted in the list of species if the protection of the consumer no longer requires a regulation under this law and does not preclude acts of the European Community. Unofficial table of contents

§ 2 Definitions

(1) For the purposes of this Act,

1.

Seeds:

a)

Seeds intended for the production of plants, except for the seeds of fruit and ornamental plants,

b)

Planting of potato,

c)

Planting material of the Rebe, including ruts and slides;

1a.

Propagating material: plants and plant parts

a)

of vegetables, fruit or ornamental plants intended for the production of plants and parts of plants,

b)

of vegetables and fruit that would otherwise be cultivated

Except for the seeds of vegetables,

2.

Categories (for seeds): basic seed, certified seed, standard seed, standard seed, commercial seed and beating seed; basic seed, certified seed, commercial seed and beatseed seed, each of which is basic seed, certified vegetable, commercial or beef-crop material;

3.

basic seed: seed which is obtained according to the principles of systematic conservation of the breeder registered in the varietal list for the variety or under the supervision of the breeder and its instruction and is recognised as a basic seed;

4.

Certified seed:

a)

Seeds of the agricultural species and vegetable species listed in the list of species of species listed in this Act, directly from basic seed or recognized prepress seed, or in the case of § 5 (1) (4) (a) of certified seed is grown and is recognised as a first-generation certified seed in the case of certified seed or in the case of the species referred to in Article 5 (1) (3) of the Regulation,

b)

Seed of the species referred to in Article 5 (1) (3), which is grown directly from basic seed, recognized first-generation seed seed or certified seed, and second-generation certified seed is recognised (second generation certified seed),

c)

Seed of the species referred to in Article 5 (1) (3), which is derived directly from basic seed, recognised prepress seed or certified seed of first or second generation, and third-generation certified seed generation (certified seed of third generation);

5.

Standard herbal products: planting material of certain vine varieties, which is recognised as standard crop material;

6.

" standard seed " means seed of an approved vegetable site or a variety of vegetable varieties published in the common catalogue of varieties, which corresponds to the requirements laid down;

7.

commercial seed: seed of certain species other than vegetable species, which is authorised and approved as a commercial seed;

8.

-seed material: seed which is artefact and meets the requirements laid down;

9.

Pre-stage seed: seed of a generation preceding the basic seed; the precursor seed is the same as the prestage seed;

10.

species: plant species and summaries and subdivisions of plant species;

11.

Hereditary components: varieties or breeding lines to be used for the production of another variety;

11a.

Clone: a vegetative progeny of a variety which corresponds to a vine selected on the basis of the identity of the variety, the phenotypic characteristics and the state of health;

12.

Placing on the market for commercial purposes: offering, holding up, holding, holding and giving off to others in the context of a business or otherwise for employment purposes; this does not count as a result of the placing on the market of:

a)

from seed or propagating material to official testing and inspection bodies,

b)

of seeds to providers of services

aa)

for processing, in particular processing or packaging, and

bb)

for the production of certain agricultural raw materials or for the production of seed for this purpose,

without the provider of the services acquiring a legal claim on the seed or the crop;

13.

Recognition office: the competent authority under national law for recognition;

14.

Post-inspection post: the authority responsible under national law for the post-inspection;

15.

Day of application: the day on which the application for a variety authorisation is awarded to the Federal Office of the Office of the Federal Office of Germany;

16.

Joint plant variety catalogues: the joint catalogues published by the European Commission for agricultural plant species and vegetable species;

17.

Member State: Member State of the European Union;

17a.

Contracting State: State party to the Agreement on the European Economic Area;

18.

Member of the Association: State, or intergovernmental organisation, which is a member of the International Association for the Protection of Plant Breeds.

(2) The Federal Ministry of Food and Agriculture is authorized, in so far as it is necessary for the protection of the consumer, by means of a regulation with the consent of the Federal Council categories for propagating material, including requirements which must correspond to the propagating material of the respective category. Unofficial table of contents

§ 3 Marketing of seeds on the market

(1) Seeds shall be marketed for commercial purposes only if:

1.

it is recognised as pre-seeding seed, basic seed, certified seed or standard plant material,

2.

Its placing on the market as a standard seed, commercial seed or container seed is permitted by means of a legal regulation pursuant to § 11 and it is

a)

in the case of standard seed, meets the requirements laid down for this purpose,

b)

in the case of commercial seed, and in the cases referred to in Article 13 (2) of the formecht,

c)

is in compliance with the requirements laid down for this purpose and in the cases of § 14,

3.

the placing on the market as referred to in paragraph 2 or in accordance with § 6, including in conjunction with section 13 (1), has been approved,

4.

its import pursuant to § 15 is admissible or authorized in accordance with section 18 (2),

5.

it is delivered to one of the Contracting Parties as a pre-stage seed of an approved variety, without being recognised, except in the case of § 5 (1) (2),

6.

it is intended for exhibition purposes or for cultivation outside a Contracting State;

7.

its placing on the market is authorised by the regulation referred to in paragraph 3;

8.

it is intended for scientific purposes or for breeding purposes; in the case of seed of a variety in accordance with Article 30 (5) or (6), this shall apply only if:

a)

in the case of a variety pursuant to section 30 (5), the authorisation or authorisation referred to in that variety;

b)

in the case of a variety pursuant to section 30 (6), a permit referred to in

, or

9.

its placing on the market is carried out within the framework of an approved release pursuant to § 14 (1) (1) of the Gentechnikgesetz.

Seed may

1.

1, 2, 4 and 7 shall be placed on the market only for as long as the provisions of Article 5 (1) (b), (2) (1), (2), (2), (2), (2), (2), (2), (2), (2), (2), (2), (2), or (2), and (2), and (2) the European Community or the European Union,

2.

in accordance with the first sentence of the first sentence of 1, 2 (a) and (7), placed on the market only as long as:

a)

an expiry date determined by the Federal Office for the Marketing of Seeds of the variety pursuant to section 36 (3) sentence 2 or section 52 (6) has not yet expired, or

b)

a marketing period for the marketing of seed of the variety published in one of the common catalogues of varieties has not yet expired, and

3.

only be placed on the market in mixtures for commercial purposes, if this is permitted by means of a regulation in accordance with Article 26.

The seed of a variety whose plants are genetically modified organisms within the meaning of § 3 (3) of the German Genetic Engineering Act shall be marketed for commercial purposes shall, in the case of the seed of the seed, be sold in sales catalogues or by means of another (2) By way of derogation from paragraph 1, the Office of the Federal Office of the Federal Office of the Federal Government of Germany may, on the other hand, place seed on the market.

1.

of varieties of agricultural species whose approval has been requested for experimental purposes other than those referred to in the first sentence of paragraph 1, point 8, or

2.

of varieties of vegetable species whose approval or registration has been applied for in a list of another Contracting State corresponding to the list of varieties, for a limited period of time after presentation of information on the previous Results of the examination of the admission requirements

approving and setting maximum limits for this purpose. It shall be subject to authorisation with the requirements necessary to protect the consumer. The application for a marketing authorisation in accordance with the first sentence of Article 30 (5) or (6) for seed of a variety shall be admissible only if the applicant has demonstrated to the Federal Office of the Union that:

1.

in the case of a variety pursuant to section 30 (5), the authorisation or authorisation referred to therein; and

2.

in the case of a variety pursuant to section 30 (6), a marketing authorisation referred to there

(3) The Federal Ministry of Food and Agriculture is hereby authorized, in so far as it is necessary for the implementation of acts of the European Community or of the European Union, by means of a regulation with the consent of the Federal Council

1.

to require, in addition to paragraph 1, requirements for the placing on the market of seed other than those referred to in paragraph 1, to the extent that such seeds relate to:

a)

has been chemically treated,

b)

on the conservation and sustainable use of plant genetic resources,

c)

is intended for use in organic farming,

2.

determine the conditions for the granting of a permit referred to in paragraph 2 and lay down the procedure for the granting of the authorisation.

In accordance with the provisions of the law referred to in point 1 (b) of the first sentence, the provisions of

1.

that seed

a)

can only be produced in certain regions and placed on the market there,

b)

may be placed on the market only subject to certain requirements, in particular to the quantity,

2.

that the marketing of seed is subject to authorisation by the competent authority,

3.

that records, in particular on the composition of seed lots, the origin of the seed, the location of the propagating areas, the date of harvest and the quality of the seed, must be made and kept;

4.

the responsibility of the Federal Office for the establishment of maximum quantities for placing on the market and

5.

the respective procedure.

(4) The Federal Ministry of Food and Agriculture is authorized, in so far as it is necessary for the order of the seed transport, by means of a regulation with the consent of the Federal Council Maximum quantities for the marketing of seed referred to in paragraph 1 Sentence 1, point 8. Unofficial table of contents

§ 3a The placing on the market of propagating material

(1) propagating material may only be placed on the market for commercial purposes if:

1.

it is recognised as a propagating material of fruit,

2.

it is a propagating material of fruit or ornamental plants, without being recognised,

a)

belongs to a variety authorised in accordance with Article 30 or by the Plant Variety Protection Act or in accordance with Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights (OJ L 327, 30.12.1994, p. EC No 1) is protected in the version in force, or

b)

belongs to a variety or group of plants which has been described and described in sufficient detail without the name being contrary to Article 35 (2) (1) to (3), (5) or (6), and

complies with the requirements laid down in Article 14a (3) (c) and (d);

2a.

the propagation material of ornamental plants complies with the requirements laid down in Article 14a (3) (c) and (d), with the exception of variety rights and membership of the plant group described, unless they are placed on the market a reference to a variety or plant group shall be made;

3.

it belongs as a propagating material of vegetables of a variety which

a)

in accordance with § 30, or

b)

is registered in a list corresponding to the list of varieties of another Contracting State and complies with the requirements laid down in Article 14a (3) (c) and (d),

4.

its import pursuant to section 15a is admissible or approved in accordance with section 18 (3) in conjunction with paragraph 2,

5.

it is intended for cultivation outside a Contracting State.

Propagating material may only be placed on the market for commercial purposes for as long as it meets the conditions laid down in the first sentence. (2) The Federal Ministry of Food and Agriculture is hereby authorized, in so far as it may protect the consumers are required to:

1.

by means of a legal regulation, with the consent of the Bundesrat, that certain propagating material may be placed on the market for commercial purposes only if a name and a description as referred to in the first sentence of paragraph 1 are given to the Office of the Federal Office of the Federal Office of the Union No 2 (b) has been submitted;

2.

by means of a decree law which does not require the consent of the Bundesrat,

a)

to set further requirements for the designation and the requirements for the description referred to in the first sentence of paragraph 1, point 2 (b), and

b)

to transfer the power referred to in point (a) to the Office of the Federal Office of the Union.

(3) The Federal Ministry of Food and Agriculture is authorized, in so far as it is necessary for the implementation of acts of the European Community or of the European Union and compatible with the protection of the consumer, by: Regulation with the consent of the Federal Council for certain propagating material exemptions from the conditions laid down in paragraph 1 or the legal regulations adopted pursuant to paragraph 2, which may result in the placing on the market of Propagating material for commercial purposes subject to certain minimum requirements . If the supply of propagating material of certain species is not secured in a Member State, a regulation in accordance with the provisions of the first sentence shall not require the consent of the Federal Council if the placing on the market for a specified period of time does not exceed one year. Unofficial table of contents

Section 3b Levy of seed in special cases

(1) Anyone who, under a contract, surrenders seed pursuant to Article 2 (12) (b), double-letter bb, shall submit a copy of the contract from which the national law competent authority shall submit a copy of the contract before the initial charge in the framework of this contract. (2) The Federal Ministry of Food and Agriculture is hereby authorized, in so far as it is necessary to implement legislative acts of the European Community or of the European Union, to: , by means of a legal regulation with the consent of the Federal Council

1.

additional requirements for the supply of seed referred to in paragraph 1 and

2.

Requirements for the supply of seed or propagating material in accordance with § 2 (12) (b) double letter aa

to be fixed.

Subsection 2
Recognised seeds

Unofficial table of contents

§ 4 Conditions for recognition

(1) Seeds shall be recognised if:

1.

a)

the variety is authorised in accordance with § 30,

b)

an expiry date established by the Federal Office for the Recognition of Seeds of the variety pursuant to section 36 (3) sentence 2 or section 52 (6) has not yet expired, or

c)

the seed of the variety may be recognized in accordance with section 55 (2);

2.

the field population of the propagating area on which the seed has grown is in accordance with the requirements laid down;

3.

the seed meets the requirements laid down for its quality;

4.

the conditions laid down in accordance with Article 5 (1) (5) are met; and

5.

requirements associated with the authorisation of the varietal.

The recognition as a standard plant property also requires that the placing on the market of standard plant products of the particular vine variety is permitted for commercial purposes by means of a regulation in accordance with paragraph 3. Recognition as a precursor seed shall also require the seed to comply with the requirements laid down for basic seed, unless otherwise provided for in Article 5 (1) (a) or (b) of the Regulation. (2) seed of a variety which is registered exclusively in a list of official lists outside the Contracting States which corresponds to the list of varieties may be accepted if a variety description is sufficient to provide a sufficient variety of varieties. and the seed shall be intended for export to an area outside the Contracting States (3) The Federal Ministry of Food and Agriculture is authorized to:

1.

the supply of seed of rebe in a Contracting State is not secured or

2.

this is necessary in order to improve the conditions of competition for the economic operators involved and compatible with the protection of the consumer

Is to allow the placing on the market of standard plant products for commercial purposes by means of a legal regulation with the consent of the Bundesrat. The legal regulation does not require the consent of the Federal Council if the placing on the market is permitted for a specified period of not more than one year. Unofficial table of contents

Section 5 Implementing Regulations for the Recognition

(1) The Federal Ministry of Food and Agriculture is authorized, with the consent of the Federal Council, by means of a legal regulation

1.

for the promotion of seed quality:

a)

the requirements for the field population of the propagation area, in particular with regard to:

aa)

the permitted set of plants of other varieties and species and with plants which do not adequately correspond to the characteristics of the important characteristics as established in the decision on the authorisation of varietal (extrance);

bb)

the permissible infestation with harmful organisms and diseases (health status),

cc)

Minimum distances to other stocks,

b)

the requirements for the quality of the seed, in particular with regard to purity, germination and health status;

c)

in the case of grafts, the combination of noiselines and dossiers;

2.

in so far as it is necessary to promote seed quality in the interests of consumers, to identify species in which basic seed may only be grown from recognised prephased seed;

3.

in so far as it is necessary for the implementation of legislative acts of the European Community or of the European Union, to designate species where certified seed is recognized as first, second or third-generation certified seed;

3a.

in so far as it is necessary, in order to ensure the supply of seed or the order of seed transport, to determine that, in the case of certified seed of cereals, not all lots are required to meet the requirements for purity and germination; the seed referred to in point 1 (b) must be examined and the conditions laid down;

4.

in the case of potato, in so far as it is necessary, on the one hand, to ensure the supply of reasonably priced plant material in the interests of the consumer and, on the other hand, is compatible with the maintenance of the quality of plant

a)

to determine that basic seed crop material may also be grown from certified seed and certified seed; where necessary to improve the value of the crop, it may lay down conditions for this purpose,

b)

prohibit, in order to improve the crop value, the use of plant material from foreign holdings for the production of plant material referred to in point (a);

5.

to lay down requirements for professional production in order to promote the quality of seed, in particular that only seed of certain species or categories or a certain number of varieties is grown, stored or stored in a holding; or and that minimum sizes of the propagation areas must be respected;

6.

to regulate the procedure of recognition, including sampling.

(2) The Federal Ministry of Food and Agriculture may, in so far as it is necessary to ensure the supply of seed in a Contracting State, by means of a legal regulation which does not require the consent of the Federal Council, for a for a period of not more than one year

1.

shall reduce the requirements laid down in paragraph 1 (1) (a) and (b),

1a.

the placing on the market of seed of a seed which is recognised as a result of the requirements set out in point 1;

2.

Species referred to in paragraph 1 (3).

Unofficial table of contents

§ 6 placing on the market before completion of the test for germination

The certification body may authorise the placing on the market of seed for commercial purposes to certain dealers prior to the completion of the germination test, if the applicant is able to germinate the germination capacity by the result of a provisional application. Analysis has proven. Unofficial table of contents

Section 7 Examination of the field and the quality of the seed of a non-approved variety

The recognition centre may have an effect on the recognition of seed of a variety,

1.

whose authorisation has been requested, or

2.

the entry of which is applied for in a list of another Contracting State which corresponds to the list of varieties, and the maintenance of which is carried out domesticly,

check also a field stock from which the seed is to be obtained, and the quality of the seed. If the examination shows that the requirements for the field population or the quality of the seed are not met, the recognition site may prohibit the use of the seed for reproduction. Unofficial table of contents

§ 8 obligations of the seed producer

Those who produce seeds that are to be recognized have records to be made about

1.

the weight or number of pieces, and the origin of the seed used for the production;

2.

the weight or number of items and the recipients of the seed delivered;

3.

the weight or quantity of the seed used in its own operation; and

4.

the whereabout of the harvested crop for which the application for recognition has been rejected or withdrawn.

He shall keep the records and the supporting documents for three years. Unofficial table of contents

§ 9 Post-examination

(1) The Federal Ministry of Food and Agriculture is authorized, with the consent of the Federal Council for the protection of the consumer, to prescribe, by means of a regulation for the protection of the consumer, that certified seed is to be checked whether the seed or the seed is Growing up taking into account the biological conditions

1.

the characteristics of the important characteristics identified in the decision on the authorisation of varietal is (shall be authentic), and

2.

that the health requirements have been met, to the extent that such an inspection is necessary.

The legal regulation can be used to regulate the procedure, and in doing so, the Federal Office of the Federal Office of Germany can be entrusted with carrying out the verification for plant variety rights. (2) The recognition is withdrawn because the investigation has shown that the seed does not No right to compensation for an asset disadvantage pursuant to section 48 (3) of the Administrative Procedure Act and the corresponding provisions shall not be entitled to compensation for the right to health or to the state of health of the person concerned. of the administrative procedural laws of the countries. Unofficial table of contents

Section 10 Seeds produced abroad

(1) Seeds, except for potatoes produced abroad, may be recognised in the territory of the country without examination of the field

1.

as basic seed, if it is grown from a recognized pre-stage seed,

2.

as certified seed,

if one of the tests of the field stock in Germany has shown that the field population corresponds to the requirements laid down. (2) The examination of the field stock in Germany is the same as the test by one with such tests officially responsible body

1.

in another Contracting State,

2.

in another State, to the extent that the examination of the field stock is in accordance with the tests carried out in the Member States, in so far as it is established in legal acts of the European Community or of the European Union; the Federal Ministry of Food and Agriculture Agriculture makes the declaration in the Federal Gazette known.

(3) The Federal Ministry of Food and Agriculture is authorized to determine, by means of a regulation with the consent of the Federal Council, the competent authority responsible for the recognition of the reproductive material referred to in paragraph 1.

Subsection 3
Standard seed, commercial seed and beating seed

Unofficial table of contents

§ 11 Authorisations

(1) The Federal Ministry of Food and Agriculture is authorized, if the supply of certified seed in a Contracting State is not secured, by means of a legal regulation with the consent of the Federal Council for the placing on the market of certified seed

1.

of standard seed,

2.

of commercial seed, in the case of species with different forms, also with a restriction to certain forms,

for commercial purposes and, in order to ensure sufficient quality, the requirements for seed, in particular with regard to purity, germination and health status, in the case of standard seed also in relation to (2) A legal regulation referred to in paragraph 1 shall not require the consent of the Federal Council if the placing on the market is permitted for a specified period of not more than one year; in such a regulation the following may be granted: (3) The Federal Ministry of Education and Research in the case of food and agriculture, it is also authorised, in so far as it is necessary to secure the supply of seed in a Contracting State, by means of a regulation which does not require the consent of the Federal Council, for a certain period of time the placing on the market of seed for commercial purposes, in the case of species with different forms, including restrictions on certain forms, and in so doing,

1.

to make the placing on the market subject to the authorisation of the competent authority in accordance with national law,

2.

to determine the requirements for the quality of the seed, in particular with regard to purity, germination and health status;

3.

to ensure that compliance with the requirements is verified and to regulate the sampling of such requirements, and

4.

to prescribe the management and storage of records.

Unofficial table of contents

§ 12 Standard seed

(1) Standard seed shall be subject to follow-up by the post-inspection post. The monitoring shall cover the variety of seed and its growth, the fulfilment of the requirements for seed and the fulfilment of the obligations laid down in paragraphs 2 to 4. (2) Those who shall be the standard seed of seed shall be subject to the following conditions: should be placed on the market for commercial purposes, has records to be made over

1.

the weight or number of pieces, and the origin of the seed used for the production;

2.

the weight or number of pieces, and the nature and recipients of the seed dispensed,

3.

the weight or the number of pieces of seed used in its own operation.

(3) Those who place standard seed in the domestic market for the first time for commercial purposes, or who are re-packaged and marketed for commercial purposes, shall have records of the weight or number of pieces and the origin of the goods to be used for the first time. to make the seeds and records referred to in paragraph 2 (2) and (3) referred to in paragraph 2 or 3 of the provisions of paragraph 2 or 3 thereof, shall be:

1.

to keep records and the documents relating thereto for three years;

2.

to draw a sample from each batch of seeds and to keep them for two years for the purpose of follow-up inspection.

(5) The Federal Ministry of Food and Agriculture is authorized, with the consent of the Federal Council, to regulate the procedure of follow-up control by means of a legal regulation; it may in this case

1.

Commission the Federal Office of the Federal Office for the verification of plant variety authenticity and

2.

In the case of seed lots consisting of a small number of small packages, derogations from paragraph 4 (2) shall be allowed in so far as this is compatible with the protection of the consumer.

(6) The competent authority of the country may, for the first time, place on the market the person producing standard seed for commercial purposes, or repackaged it for commercial purposes, placing on the market the placing on the market of: Standard seed for commercial purposes, in whole or in part, for a period or time, if it has been repeatedly established by the post-control that the seed or its growth is not genuine or that the obligations imposed on the seed are not paragraphs 2 to 4, and the non-reliability of the The holder or a person responsible for the management of the holding shall be given. Unofficial table of contents

§ 13 Trade seed

(1) Seed shall be approved as a commercial seed if it complies with the requirements laid down for the quality of the seed. The Federal Ministry of Food and Agriculture is authorized to regulate the procedure of approval, including sampling, by means of a legal regulation with the consent of the Bundesrat. § 6 applies accordingly. (2) For species with a summer shape and a winter form, and in the case of species in which the marketing of seed is limited to certain other forms, the trade seed must be formeg. (3) Who shall be admitted to the marketing of seed for seed as a commercial seed shall have records of the weight or the number of pieces and the recipients of the seed delivered. He shall keep the records and the supporting documents for three years. Unofficial table of contents

§ 14 Behelfssaatgut

In the case of species with a summer shape and a winter form, and in the case of species in which the marketing of seed is restricted to certain other forms, the seed must be formegable.

Subsection 3a
Propagating material

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Section 14a Implementing Regulations for propagating material

The Federal Ministry of Food and Agriculture is authorized, in so far as it is necessary for the protection of the consumer, by means of a legal regulation with the consent of the Federal Council

1.

the placing on the market of propagating material for commercial purposes

a)

from an authorisation or registration of the holding which produces, places or stores the propagating material,

b)

accompanied by certain certificates;

2.

require, for certain propagating material, that it may be placed on the market for commercial purposes only if it is recognised or is of a type approved in accordance with Section 30;

3.

on the promotion of the quality of the propagating material, in particular with regard to the state of health, to determine the requirements

a)

the holdings of the growing and growing area;

b)

the professional production of propagating material, including harvesting or extraction,

c)

the nature of propagating material, in particular in terms of variety or belonging to the plant group described, and to the state of health,

d)

the processing;

4.

Rules to be adopted on:

a)

the conduct of investigations,

b)

the testing of the propagating material and its growth, and compliance with the requirements referred to in point 3 (a) and (b),

c)

the procedure of the test referred to in point (b), including sampling,

d)

the content, form and issue of the certificates referred to in point 1 (b),

e)

the storage of certificates referred to in point 1 (b) or their submission to the competent authority;

f)

the conditions and the procedure for the approval or registration of establishments referred to in point 1 (a), including the glory of authorisation, restrictions on approved or registered holdings in plant production and in the case of the placing on the market or storage of propagating material and the processing and use of the data collected in the procedure;

g)

the conditions and the procedure for the authorisation of establishments examining the nature of propagating material, including the glory of the authorisation or restrictions on investigative activities, and the processing and Use of the data collected in the procedure.

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Section 14b Recognition of propagating material of fruit

(1) propagating material of fruit shall be recognised if:

1.

a)

the variety is authorised in accordance with § 30 or is protected in accordance with the Plant Variety Protection Act or in accordance with Regulation (EC) No 2100/94, as amended,

b)

an expiry date set by the Federal Office for the Recognition of propagating material of the variety in accordance with section 52 (6) has not yet expired, or

c)

the propagating material of the variety may be recognised in accordance with the fourth sentence of Article 55 (2),

2.

it complies with the requirements laid down for the approved propagating material on the basis of section 14a (3) of the holdings of the area of cultivation and propagation, the production and the nature of the material; and

3.

the conditions attached to the authorisation of varietal are fulfilled.

The recognition office may have effect in respect of the recognition of propagating material of a variety where the conditions set out in point 1 (a) of the first sentence are not yet available and the authorisation or the grant of the plant variety right has been requested, check also a field stock from which the propagating material is to be obtained, as well as the nature of the propagating material. Where the examination provided for in the second sentence of paragraph 2 provides that the requirements laid down pursuant to Article 14a (3) of the standard material are not met by the stock of the area of cultivation and propagation, the production or the nature of the material, the recognition office may: prohibit the use of the propagating material for propagation. § 4 (2) applies to propagating material of fruit accordingly. (2) The Federal Ministry of Food and Agriculture is authorized to act by means of a regulation with the consent of the Federal Council

1.

to regulate the procedure for the recognition of propagating material of fruit, including sampling;

2.

to ensure that a recognised propagating material of fruit is to be checked whether the propagating material or its growth meets the requirements of the quality, and to regulate the verification procedure, and in doing so, To entress the Federal Office of the Federal Office with the implementation of the verification to plant variety authenticity.

(3) The Federal Ministry of Food and Agriculture is hereby authorized, in so far as it is necessary for the implementation of legal acts of the European Community or the European Union, by means of a regulation with the consent of the Federal Council for (4) Article 9 (2) shall apply mutatis-ly to the recognised propagating material of fruit.

Subsection 4
Import and export

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Section 15 Imports of seeds

(1) Seed may be imported for commercial purposes only

1.

as prepress seed, basic seed, certified seed, standard seed, or standard seed, if:

a)

the variety which belongs to the seed,

aa)

, and does not preclude a requirement relating to the authorisation of varietal territory for the whole of the country,

bb)

is subject to an expiry date which is fixed by the Office for the Recognition or the placing on the market of seed of the variety which has not yet expired,

cc)

shall not be subject to any traffic restrictions in accordance with the acts of the European Community or of the European Union, unless the Federal Republic of Germany is authorized to place the seed of that variety on the market for the whole of the To prohibit the country, or

dd)

is subject to a marketing period for the marketing of seed of the variety which has not yet expired and which has not yet expired; and

b)

the seed is recognised domestically as pre-seeding seed, basic seed, certified seed or standard seed, or as standard seed, meets the requirements laid down for the requirements laid down;

2.

as a commercial seed, if the seed is authorised domestily as a commercial seed, or

3.

as a treatment seed.

The importation of standard seed, standard seed, commercial seed and household seed requires that the placing on the market for commercial purposes be permitted by means of a legal regulation pursuant to § 4 (3) or § 11. Importation shall be permitted only as long as the seed complies with the requirements laid down in Article 5 (1) (b), (2) (1), (2) (1), (11) (1) and (2) or (25); the seed shall be recognised in another Contracting State or approved, it shall be sufficient if the seed meets the requirements of that Contracting State, provided that the seed is at least the same as the conditions laid down in European Community or European Union acts (2) The Federal Ministry of Food and Agriculture will be authorized, in so far as it is necessary to ensure the supply of seed of certain species, by means of a regulation which does not require the consent of the Federal Council, for a specified period of not more than one year, to require that: recognised seed of certain varieties, for which the conditions set out in paragraph 1 (1) (a) are not available, to be certified to the certified seed, if the recognition in accordance with Article 16 of the recognition in Germany is not (3) Seeds may be imported in mixtures only if they are in a Contracting State and the placing on the market for commercial purposes by means of a regulation in accordance with Article 26. The Federal Ministry of Food and Agriculture is authorized, with the consent of the Federal Council, to prohibit the import of seeds in mixtures of other Contracting States in which the production or the The placing on the market of seed mixtures is prohibited. Unofficial table of contents

Section 15a Imports of propagating material

(1) propagating material may only be imported for commercial purposes

1.

as a recognised propagating material of fruit, if:

a)

the variety which belongs to the propagating material,

aa)

, and does not preclude a requirement relating to the authorisation of varietal territory for the whole of the country,

bb)

in accordance with the Plant Variety Protection Act,

cc)

is covered by an expiry date, which has not yet expired, or which has not yet expired, or

dd)

is registered in another Member State in a list or list of varieties or in the list of varietal protection, or

b)

the propagating material is recognised domestily, or

2.

if it fulfils the conditions laid down in Article 3a (1), first sentence, no. 2 to 3, or may be placed on the market pursuant to a legal regulation pursuant to section 3a (3) of this Regulation.

Propagating material may also be imported from a Member State for commercial purposes in cases where it is subject to the conditions laid down in European Community or European Union legislative acts for the placing on the market of: (2) The Federal Ministry of Food and Agriculture is authorized to comply with the law with the consent of the Federal Council

1.

in order to protect the consumer, the importation of propagating material shall be subject to

a)

equal treatment with propagating material produced domestically,

b)

accompanied by certain certificates,

c)

certain requirements for the inventory of the growing and growing area;

d)

proof of the professional production of the propagating material, including harvesting or taking,

e)

an authorisation or registration of the holding which introduces the propagating material;

2.

Rules to be adopted on:

a)

the content, form, exhibition and retention of certificates referred to in point 1 (b) and the evidence referred to in point 1 (d),

b)

the conditions and procedure for the approval or registration of establishments referred to in point 1 (e), including the approval of restrictions on approved or registered establishments, on the importation of propagating material as well as the processing and use of the data collected in the proceedings;

3.

in so far as it is compatible with the protection of the consumer, to permit the importation of propagating material of certain species which does not meet the requirements of paragraph 1, which may be the importation of the propagating material of certain species; Make minimum requirements.

If the supply of propagating material of certain species is not secured, a regulation pursuant to sentence 1 (3) shall not require the consent of the Federal Council if the placing on the market is permitted for a specified period of not more than one year. . Unofficial table of contents

§ 16 Equations

(1) The recognition or authorisations granted in the country of seed, as well as the recognition of propagating material of fruit, shall be deemed to be the same as those granted in the territory of the Member State concerned.

1.

in another Contracting State, in accordance with the rules laid down in legal acts of the European Community or of the European Union, or

2.

in a State outside the Contracting States, to the extent that such recognitions or authorisations are equivalent to acts of the European Community or of the European Union.

Any other propagating material which has not been produced domestiy shall be deemed to be regarded as equivalent to the extent to which acts of the European Community or of the European Union provide for equality. The Federal Ministry of Food and Agriculture is aware of equality in the Federal Gazette (Bundesanzeiger). (2) The Federal Ministry of Food and Agriculture is authorized to protect the consumer or to secure the supply of food and food. , with the consent of the Federal Council, certain propagating material produced abroad shall be treated in the same way as propagating material produced in the territory of the country. Unofficial table of contents

Section 17 Import ban on potato planting

The Federal Ministry of Food and Agriculture is authorized to:

1.

in so far as it is necessary for the maintenance of the quality of domestic potato production, by means of a regulation, with the consent of the Bundesrat, to prohibit or prohibit the import of seed of certain varieties of potatoes which is recognised abroad; limit,

2.

in the event of a risk in default, for a specified period of not more than six months, to enact legal regulations as referred to in point 1 which do not require the consent of the Bundesrat.

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Section 18 Exceptions

(1) § 15 (1) and (3) sentence 1, § 15a (1) as well as the legal regulations issued pursuant to § 15 (3) sentence 2, § 15a (2) and (17) shall not apply to seed and propagating material,

1.

which is located in a free port or under customs control,

2.

which is intended for sowing or planting on land in the border area on this side of the frontier, which is farmed from residential or commercial buildings beyond the border.

(2) The Federal Agency for Agriculture and Food (Bundesanstalt für Landwirtschaft und Ernährung) may authorise the importation of seed which does not comply with the provisions of Section 15, if the seed

1.

is intended for the propagation on the basis of a contract of propagation and the seed produced shall be exported,

2.

has been increased abroad pursuant to Article 3 (1) (5) of the Treaty,

3.

may be placed on the market on the basis of a permit pursuant to section 3 (2),

4.

in accordance with § 10,

5.

is intended for processing and after processing

a)

is to be re-exported or

b)

shall be placed on the market as standard seed for commercial purposes or be approved as a commercial seed, provided that the placing on the market of seed of these categories is permitted by means of a regulation pursuant to Article 11 (1) or (2);

6.

seed which is not in accordance with the provisions of this Act;

7.

is intended for scientific purposes or for breeding or exhibition purposes,

8.

for examinations intended for official purposes.

(3) Paragraph 2 (1), (5) (a), (6), (7) and (8) and (3) in conjunction with Section 3a (1) sentence 3 shall apply mutatily to propagating material which does not fulfil the conditions for importation pursuant to Section 15a. Unofficial table of contents

Section 19 Monitoring of imports

(1) The Federal Institute for Agriculture and Food shall monitor the import of seed and propagating material. The Federal Ministry of Finance and the customs offices designated by the Federal Ministry of Finance are involved in the monitoring of imports. The said authorities may

1.

Consignments of seeds and propagating material, including their means of transport, containers, loading and packaging materials, on importation for surveillance purposes;

2.

the suspicion of any breach of prohibitions or restrictions on this law or of the legal orders issued under this Act, which is the result of the clearance, shall communicate to the competent administrative authorities;

3.

in the cases referred to in point 2, arrange for the consignments of seed or propagating material to be carried out at the expense and risk of the person entitled to dispose of the seed or propagating material for the purpose of monitoring the placing on the market of seed and propagating material (seed transport control) competent authorities.

(2) The Federal Ministry of Food and Agriculture is authorized, in agreement with the Federal Ministry of Finance, by means of a regulation which does not require the approval of the Federal Council, the details of the procedure referred to in the first sentence of paragraph 1 1 and 3. The Federal Ministry of Finance is authorized, in agreement with the Federal Ministry of Food and Agriculture, by means of a regulation which does not require the approval of the Federal Council, the details of the procedure referred to in the second sentence of paragraph 1 and 3. The legal regulation referred to in the first or second sentences may include, in particular, obligations relating to advertisements, notifications, information and to the performance of ancillary services in the implementation of surveillance measures and for the purpose of carrying out the inspection in business documents and (3) The Federal Ministry of Food and Agriculture is authorized, in agreement with the Federal Ministry of Finance, to carry out the following documents: Ordinance with the consent of the Bundesrat, the import of seed or seeds Propagating material

1.

to limit the conditions laid down in accordance with § 15 or § 15a to certain customs offices and from the notification or screening to the competent authority, from an investigation or from the provision of an official certificate and

2.

of an official sampling for the monitoring of the variety

(4) The Federal Ministry of Food and Agriculture, in agreement with the Federal Ministry of Finance, shall announce in the Federal Gazette the customs offices in which seed or propagating material is to be imported for import, if the import is restricted in accordance with paragraph 3 (1). Unofficial table of contents

Section 19a Exports of propagating material

The Federal Ministry of Food and Agriculture is authorized, in so far as it is necessary for the implementation of legal acts of the European Community or the European Union, by means of a legal regulation with the consent of the Federal Council to ensure that, for export to an area outside the Member States, propagating material of, inter alia, propagating material must be kept separate and labelled accordingly; whereas it may lay down provisions on the necessary information and the nature of the marking.

Subsection 5
Labelling, packaging

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Section 20 Designation of the variety denomination

(1) Seeds, other than commercial seed and beating seed, may be placed on the market for commercial purposes only if the variety denomination is indicated in this case; in the case of a written indication, it must be easily identifiable and clearly legible. This applies accordingly to propagating material in accordance with § 3a (1), first sentence, No. 1, point 2 (a) and no. 3. (2) The use of the variety denomination for the variety cannot be granted from a right to a name matching the variety denomination. be prohibited. Older rights of third parties remain unaffected. Unofficial table of contents

Section 21 Packaging and labelling of seeds

(1) Seed may only be imported into packages or containers or placed on the market for commercial purposes which are packaged and labelled in accordance with paragraph 2 and in accordance with the provisions of Article 22 of the laws. In the case of a ream, bundles shall be the same as the packs. (2) To be indicated on or on the packages or containers

1.

the species,

2.

the variety denomination, except in the case of commercial seed and home seed,

3.

the category,

4.

in the case of prepress seed, basic seed, certified seed and standard crop material, the identification number, and in the case of commercial seed, the approval number,

5.

in the case of varieties whose plants are genetically modified organisms within the meaning of Section 3 (3) of the Genetic Engineering Act, a clear indication of the circumstance of genetic modification.

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Section 22 Implementing Regulations for the packaging and labelling of seed

(1) The Federal Ministry of Food and Agriculture is authorized, in so far as it is necessary for the protection of the consumer or for the order of the seed transport, by means of a regulation with the consent of the Federal Council

1.

the nature of the labelling of the packages or containers, their closure and the security of the closure,

2.

require that the packs or containers be marked, closed and provided with a security seal by agents of the authority responsible under national law, as well as the procedure to be followed for this purpose,

3.

to prescribe that the particulars referred to in Article 21 (2) must also be included in the packs or containers,

4.

require, in respect of certain seeds, that additional information, in particular on the distributor or distributor, the origin, the date and the nature of the production, multiplication and treatment, in or on the packages or containers, the date the sampling and the affixing of the security, the condition, the sorting, the composition, the intended use and the weight or the number of pieces, shall be affixed,

5.

require that only unused packaging material or specially treated containers may be used for the packaging of seed of certain types or categories,

6.

to ensure that the recipient of seed of certain species has to keep the official label for a certain period of time for control purposes.

(2) The Federal Ministry of Food and Agriculture shall also be authorized, with the consent of the Federal Council, to make exceptions to the provisions of the Federal Council for the purpose of facilitating the transport of seed, insofar as it is compatible with the protection of the consumer. This applies in particular to seed in certain packages or containers and to seed which is delivered in small quantities to the final consumer. (3) In the cases of § 5 para. 2, § 11 para. 2 and 3 as well as § 15 para. 2, the Federal Ministry of Food and Agriculture Legal regulations pursuant to paragraphs 1 and 2 , which do not require the approval of the Bundesrat. Unofficial table of contents

Section 22a Packaging and labelling of propagating material

The Federal Ministry of Food and Agriculture is authorized, in so far as it is necessary for the protection of the consumer or for the order of the transport with propagating material, to prescribe, with the consent of the Federal Council, by means of a decree law, certain propagating material may only be bundled, packaged or labelled or placed on the market for commercial purposes. It may, in particular,

1.

to prescribe the particulars for the labelling,

2.

the nature and security of labelling rules,

3.

require the use of certain packaging materials or containers;

4.

the closure of the packages or containers and the security of the closure,

5.

to indicate that the packs or containers are to be marked, closed and provided with a security seal by agents of the authority responsible under national law, as well as the procedure for doing so.

Subsection 6
Prohibition of misconduct, warranty

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Section 23-Prohibition of misconduct

(1) Seed or propagating material may not be placed on the market under a name, indication or presentation for commercial purposes which lead to the misleading, in particular, of characteristics, origin, nature and treatment (2) harvested crop which may not be placed on the market as a seed or propagating material in accordance with the provisions of this Act must not be placed on the market for commercial purposes under a description, indication or presentation; which can be used as seed or propagating material. Unofficial table of contents

§ 24

(dropped)

Subsection 7
Other rules of the seed order

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Section 25 Additional requirements for placing on the market

The Federal Ministry of Food and Agriculture is authorized to prescribe, with the consent of the Federal Council, for the promotion of the production and quality of seeds, propagating material and crop material, with the consent of the Federal Council, that seeds and Propagating material of certain types or categories may only be placed on the market for commercial purposes if, in addition, there are certain requirements relating to the sorting, physical or chemical treatment or polyploid varieties. corresponds to the Ploidioestufenratio. Unofficial table of contents

§ 26 Seed Mixtures

The Federal Ministry of Food and Agriculture is hereby authorized, in so far as it is compatible with the protection of the consumer, or in so far as it is necessary for the implementation of legal acts of the European Community or of the European Union, by means of a regulation, with the consent of the Bundesrat, to allow seed of different species, varieties or categories to be used in mixtures with each other and in mixtures with seed of species not subject to the seed transport scheme, shall be placed on the market for commercial purposes. In particular, the Regulation may:

1.

the placing on the market of seed in mixtures of an authorisation or registration of the holding which produces the mixtures shall be subject to the conditions and the procedure laid down for this purpose,

2.

the labelling and packaging of the mixtures are to be regulated,

3.

provisions relating to the control of the production of the mixtures, in particular the testing of the raw materials used for the production of the mixtures, and of the mixtures thereof,

4.

the conditions for the placing on the market of mixtures intended for the conservation and sustainable use of plant-genetic resources.

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§ 27 Display and recording obligation

(1) If the seed is placed on the market for commercial purposes, bottled or processed for other purposes, it shall:

1.

indicate the beginning and termination of the holding within one month of the competent authority of the country; this shall not apply to the extent that:

a)

basic seed, certified seed or standard vegetable seed produced on its own holding, is placed on the market, bottled or processed; or

b)

Seed in small packages shall be delivered to the final consumer;

2.

to keep records of the entrances and exits of seed and to keep them for six years.

(2) Anyone who places propagating material on the market for commercial purposes shall have records of the production, origin and whereabelation of the propagating material as well as investigations carried out. (3) The Federal Ministry of Food and Agriculture Agriculture is authorized, with the consent of the Federal Council, to adopt rules on the records referred to in paragraph 1 (2) and (2) in order to protect the consumer by means of a regulation, and to regulate the retention of the records; in doing so, may provide for exceptions to the recording requirements referred to in paragraph 2. Unofficial table of contents

Section 28 Implementation in the countries

The implementation of this law, including the monitoring of compliance with its provisions and the laws and regulations issued in accordance with this Act, shall be the responsibility of the competent authorities of the State in so far as this law is applicable. does not apply any other regulation. Unofficial table of contents

Section 29 Closed cultivation areas

The countries may set up closed crops for the production of seeds.

Section 2
Order of Sorts

Subsection 1
Sortenzulassung

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§ 30 Conditions for the authorisation of varietal

(1) A variety shall be approved subject to paragraphs 5 and 6 if:

1.

distinguishable,

2.

homogeneous and

3.

is stable,

4.

has a cultural value, and

5.

is indicated by a single-portable variety denomination.

The approval of a variety may be failed if there are reasonable grounds for believing that the variety poses a risk to human, animal or plant health or to the environment, in particular where the cultivation of the variety is in the health of: Humans, animals or plants or the environment is at risk. It must be seen from the failure, to the extent that the reasons for the failure can be removed by means of secondary provisions. (2) The condition of the national cultural value is no longer necessary.

1.

Varieties of vegetables, fruit and ornamental plants,

2.

varieties of grasses in which the growth of the seed is not intended for use as a fodder plant,

3.

varieties intended solely for use as hereditary components,

4.

Varieties other than those referred to in points 1 to 3, if they have fulfilled the condition of the national cultural value in another Contracting State and have been entered in a list corresponding to the list of varieties, and the Applicant requests that the variety be allowed without examination of the national cultural value,

5.

Varieties whose seed is not intended for cultivation in a Contracting State.

(3) The Federal Ministry of Food and Agriculture is authorized to protect the consumer by means of a legal regulation with the consent of the Federal Council

1.

to ensure that varieties of fruit or ornamental plants are authorised only if, in addition to the conditions laid down in paragraph 1 (1) to (3) and (5), they have certain other characteristics, in particular with regard to cultivation and use,

2.

require, in the cases referred to in the first sentence of paragraph 2, first and second sentence of the first sentence of paragraph 2, that the variety be subject to its national cultural value, but, in the case of the first sentence of paragraph 2, only in so far as it does so in European Community instruments or in the case of the European Union.

(4) In the case of varieties of vine, the existence of the national cultural value shall be replaced by the determination of the physiological characteristics, in particular the characteristics of the cultivation and the purpose of use, which are provided for in European Community legislation or (5) A variety whose plants are genetically modified organisms within the meaning of Article 3 (3) of the Gentechnikgesetz (Genetic Engineering Act) may only be used in the following: may be authorised if:

1.

in the case of varieties whose plants, parts of plants or products derived from them are intended for use as or in foodstuffs or feedingstuffs, an authorisation pursuant to Article 4 (2) or Article 16 (2) of Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed (OJ L 327, 30.12.2003, p. EU No 1), has been issued in the relevant version, or

2.

in the case of varieties whose plants are genetically modified organisms other than those referred to in point 1, a marketing authorisation for the plants and parts of the plants of that variety pursuant to Article 14 (1) (2), including in conjunction with paragraph 5 thereof, of the Gentechnikgesetz. A variety whose plants, parts of plants or the products obtained from them fall within the scope of Article 8 or 20 of Regulation (EC) No 1829/2003 shall be authorised only if the plants, parts of plants or the plants, plants or plants thereof are shall be placed on the market in accordance with those provisions.

(6) A variety whose plants are intended for the production of novel foods or novel food ingredients within the meaning of Article 1 (2) of Regulation (EC) No 258/97 of the European Parliament and of the Council of 27 January 1997 on novel foods or novel food ingredients, Food and novel food ingredients (OJ L 327, 30.4.2004 EC No 1), as amended, may only be authorised if a marketing authorisation is granted for the placing on the market of the food or food ingredients in question in accordance with the provisions of Regulation (EC) No 258/97 (7) The Federal Ministry of Food and Agriculture is hereby authorized, with the consent of the Federal Council, to regulate the procedure for the approval of varieties referred to in paragraph 6, in so far as this is used for the implementation of legal acts of the European Community or of the European Union. (8) Federal Ministry of Food and Agriculture is authorized, in so far as it is necessary for the implementation of legal acts of the European Community or the European Union, by means of a legal regulation with the consent of the Bundesrat the conditions laid down in paragraphs 1 and 2 for the authorisation of varieties intended for the conservation and sustainable use of plant genetic resources (conservation varieties) shall be laid down and the procedure laid down for this purpose shall be established. Unofficial table of contents

§ 31 distinctness

A variety shall be distinguishable if it can be clearly distinguished from any other variety in the form of at least one authoritative feature, which shall be:

1.

may be authorised or for which authorisation has been requested

2.

is published in one of the Common Plant Variety catalogues, or

3.

registered in another Contracting State in a list corresponding to the list of varieties, or whose registration has been applied for in such a list.

Upon request, the Federal Office of the Federal Office of Germany shall communicate the characteristics which it regards as authoritative for the distinguishability of the varieties of this species; the characteristics must be able to be accurately identified and described. Unofficial table of contents

§ 32 homogeneity

A variety shall be homogeneous if, in addition to variations due to the peculiarities of its propagation, it is sufficiently uniform in the characteristics of the distinguishing features for distinguishing. Unofficial table of contents

§ 33 Stability

A variety shall be stable if, after each propagation or, in the case of a propagation cycle, it remains unchanged after each propagation cycle, it remains unchanged in the characteristics of the distinguishing features after each propagation cycle. Unofficial table of contents

§ 34 State Cultural Value

A variety shall have a national cultural value if, in the totality of its value-determining properties, it has a distinct improvement in relation to the eligible comparable varieties, at least for production in a given area, for the Plant construction, the recovery of the harvested crop or the recovery from the products obtained from the harvested crop can be expected. Individual unfavorable properties can be compensated for by other favorable properties. Unofficial table of contents

Section 35 Plant variety denomination

(1) A variety denomination shall be registered if there is no grounds for exclusion in accordance with paragraph 2 or 3. (2) A exclusion reason shall be provided if the denomination of the variety

1.

for the identification of the variety, in particular for linguistic reasons, is not appropriate;

2.

does not have any distinguishing power,

3.

consists solely of figures, in so far as it is not used for a variety intended solely for the continuous production of another variety,

4.

may be identical or confused with a variety denomination under which, in a Contracting State or by another member of the Union, a variety of the same or a related species is entered in an official list of varieties, or where the seed or propagating material of such a variety has been placed on the market, unless the variety is no longer registered and is no longer grown, and its variety denomination has not become more important,

5.

mislead, in particular where it is appropriate to produce incorrect notions about the origin, the characteristics or the value of the variety or the breeder,

6.

Annoyance can be aroused.

The Federal Office of the Federal Office of Germany (Bundessortenamt) makes known which species it considers to be related within the meaning of point 4. (3)

1.

in another Contracting State or by another member of the Union, or

2.

in another Member State, which, in accordance with a declaration to be made known by the Office of the Federal Office, assesses in Community acts varieties according to rules which comply with those laid down in the Directives on the common catalogue of varieties,

in an official list of varieties, or if their registration has been applied for in such a list, only the variety denomination registered or indicated in that register shall be entered. This shall not apply if a reason for exclusion is contrary to paragraph 2, or if the applicant proves that a right of a third party is contrary. (4) For a law of the Council pursuant to the Plant Variety Protection Act or in accordance with Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights (OJ L 327, 30.4.1994, p. EC No 1) in the current version of the protected variety, only the variety denomination specified in connection with the variety protection department can be registered. (5) The Federal Ministry of Food and Agriculture is authorized to Legal Regulation, which does not require the consent of the Federal Council to determine the requirements for the suitability of variety denominations as far as this is necessary for the implementation of legal acts of the European Community or of the European Union is required. Unofficial table of contents

§ 36 Duration of the Plant Variety

(1) The authorisation shall be valid until the end of the tenth year in the case of reb and fruit until the end of the twentieth calendar year following approval. (2) The plant variety authorisation shall be made at the request of the registered breeder or, if several breeders are registered. , one of these breeder shall be extended by a maximum of ten years, in the case of rebe and fruit, for a maximum of 20 years, if:

1.

the variety is still distinguishable, homogeneous and stable, or the conditions laid down in accordance with Article 30 (8) of the Regulation are still fulfilled; and

2.

the cultivation and market importance justifies an extension, or the extension for the conservation and sustainable use of plant genetic resources is necessary.

The condition referred to in point 2 shall not apply in the cases of Section 30 (2) No 3 to 5. The application for renewal shall be submitted no later than two years before the expiry of the variety approval procedure. Sentence 3 shall not apply to varieties which have been authorised pursuant to a regulation pursuant to Section 30 (8). (3) If an application for renewal is not decided in an unquestionable manner before the expiry of the variety authorisation, the duration of the period of the Type-approval until the decision is indisputable. If the extension is rejected, the Office of the Federal Office for the Recognition and Marketing of Seeds or propagating material of this variety may be extended until 30 June of the third year after the expiry of the period of authorisation (4) The Federal Ministry of Food and Agriculture shall be authorized, in so far as it is necessary for the implementation of acts of the European Community or of the European Union, by means of a legal regulation without the consent of the Federal Council the duration of the plant variety authorisation in the case of rebe and fruit, by way of derogation from the provisions of paragraphs 1 and 2.

Subsection 2
Bundessortenamt

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Section 37 Tasks

The Bundessortenamt is responsible for the variety approval and related matters. It carries out the list of varieties and supervises the conservation of the approved varieties. Unofficial table of contents

Section 38 Variety committees and appeals committees

(1) In the Federal Office of the Federal Office of the Federal Government

1.

Variety committees,

2.

Opposition committees for assorted items of variety.

The President of the Federal Office of the Federal Office of the Federal Government sets out the number and regulates the distribution of business. (2) The committees of varietal committees are responsible for the decision on

1.

Requests for assorted authorisation,

2.

Applications for renewal of the variety authorisation,

3.

applications for the registration of other breeders in the list of varieties;

4.

the removal of the variety licence in respect of the variety denomination,

5.

the registration of another variety denomination and for the establishment of a variety denomination in accordance with section 51 (2),

6.

the withdrawal and revocation of the variety authorisation or of an entry in the list of varieties.

(3) The Opposition Committees shall be responsible for deciding on inconsistencies with decisions of the variety committees. Unofficial table of contents

Section 39 Composition of the variety committees

The variety committees shall consist of the Chairperson and two co-sitters. The chairman and the advisers are members of the Federal Office of the Federal Republic of Germany, as determined by the President. Unofficial table of contents

Section 40 Composition of opposition committees

(1) The opposition committees shall each consist of the President or a further member of the Federal Order of the Federal Republic of Germany appointed by him as a chairman, a further member appointed by the President of the Office of the German Federal Government as a co-sitter and five other members. honorary co-sitters. The members of the Bundessortenamtes must be a competent and a legal person. (2) The honorary members are appointed by the Federal Ministry of Food and Agriculture for six years; reconvening is permitted. If an honorary co-sitter fails prematurely, his successor will be appointed for the remainder of the term of office. The honorary advisers are to have special expertise in the field of varietal systems. Owners or employees of breeding companies or employees of breeders ' associations should not be called. A substitute shall be appointed for each volunteer; the sentences 1 to 4 shall apply accordingly. (3) The appeals committees shall be in the presence of the chairman and a co-chair, of whom one must be legal, and three honorary co-sitter quorum.

Subsection 3
Procedure in front of the Federal Office of the Federal Office

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Section 41 Formal administrative procedure

The provisions of Sections 63 to 69 and 71 of the Administrative Procedure Act on the formal administrative procedure shall apply to the proceedings before the Plant Variety Committees and the Appeals Committees. Unofficial table of contents

Section 42 Application for authorisation of varietal

(1) The authorisation may apply for who is authorized to do so by the object and the person. (2) From the point of view of the substance, the following shall be authorized:

1.

in the case of a variety of plant variety rights holders protected under the Plant Variety Protection Act or in accordance with Regulation (EC) No 2100/94 on Community plant variety rights, as amended in each case,

2.

in the case of a variety for which a variety protection application has been submitted in accordance with the Plant Variety Protection Act or in accordance with Regulation (EC) No 2100/94 on Community plant variety rights, the applicant shall, in the case of Plant variety protection procedures,

3.

in the case of another variety, who shall not only temporarily process the variety in accordance with the principles of systematic maintenance or process it under his responsibility.

(3) The person shall have the power to:

1.

Germans within the meaning of Article 116 (1) of the Basic Law as well as natural and legal persons and persons trading companies residing or having their registered office in Germany,

2.

nationals of another Contracting State, as well as natural and legal persons and persons trading companies residing or having their registered office in another Contracting State,

3.

other natural and legal persons and partnerships, to the extent that, in the State to which they belong or in which they are domicated, according to a notice issued by the Federal Ministry of Food and Agriculture, the The Federal Law Gazans are guaranteed reciprocity.

(4) The applicant shall indicate the variety denomination. In the case of a non-protected variety, it may, with the consent of the Federal Office of the Office of the Plant Variety, specify a provisional designation. (4a) In the case of varieties of vine, the applicant shall be entitled to use the plant with the aim of recognition after cloning. to indicate the name of the clones separately. (5) If the variety denomination for goods which include seed or propagating material of the variety is registered as a mark for the applicant in the drawing role of the patent office or The registration of the mark shall be deemed to have been filed by the registration of the mark as a Time precedence for the variety denomination. The time priority shall be issued if the applicant does not submit a certificate from the Patent Office concerning the registration or registration of the trade mark within three months of the indication of the name of the variety denomination. The provisions of sentences 1 and 2 shall apply in accordance with marks which, under the Madrid Agreement of 14 April 1891 on the international registration of marks, have been registered internationally in the current version and enjoy protection domestily. (6) Anyone who has neither residence nor establishment in a Contracting State can participate in a procedure governed by this Law before the Federal Office of the Federal Office of Germany only if he or she is a representative of a State of residence or business premises in a Contracting State. (procedural representative). This is authorized for representation in proceedings before the Federal Office of the Federal Office of the Federal Government and in litigation concerning the authorisation of the variety. Unofficial table of contents

Section 43 Notice of Application for Plant Variety

(1) The Federal Office of Germany shall make the application for a plant variety authorisation specifying the type, variety denomination or provisional name given, the date of application and the name and address of the applicant, the breeder and the applicant. (2) If the application has been withdrawn after publication of the application, it shall be deemed not to have been filed pursuant to Section 45 (2) of the Rules of Procedure, or if the Plant Variety Office has been rejected, the Office of the Federal Office shall also make known this. Unofficial table of contents

Section 44 Examination

(1) In the course of the examination of whether the variety meets the requirements for its approval, the Federal Office of the Federal Office of Germany shall establish the variety, or shall establish the examinations otherwise required. From this, it can be seen

1.

to the extent that previous own audit results are available to him,

2.

if other sources of knowledge, in particular the documents submitted by the applicant (§ 53, no. 2), show that the variety does not fulfil the conditions for its approval.

(2) The Office of the Bundessortenamt may have the cultivation or the otherwise necessary examinations carried out by other competent bodies, including abroad, and the results of cultivation tests or other examinations of such bodies consideration. (3) The Office of the Federal Office shall request the applicant, within a specified period of time, for the necessary seed or propagating material, the necessary other material and the necessary other material to be used by him or the body designated by him. to provide the necessary information and to permit the examination of such documents. (4) In the examination of whether the cultivation and market significance of the variety justifies an extension of the variety approval, the Federal Office of the Federal Office may also base the results of other official tests or the cultivation in practice. (5) The Federal Office of the Federal Office of the Federal Government may provide authorities and bodies abroad with information on the results of the examination, in so far as this is necessary for the purpose of mutual information. (6) The Federal Office of the Federal Office shall invite the applicant to write in writing within a specified period of time

1.

indicate a variety denomination if it has given a provisional name,

2.

indicate a different variety denomination if the variety denomination indicated is not acceptable.

§ 43 shall apply accordingly. Unofficial table of contents

§ 45 Saw

(1) If the applicant is invited by the Federal Office of the Federal Office,

1.

the required seed or propagating material to be supplied with the necessary other material or other necessary documentation,

2.

to indicate a variety denomination; or

3.

to pay the examination fees due,

within the time limit laid down, the Office of the Federal Office may reject the request for a variety authorisation if it has indicated the consequence of the failure to comply with the notice of notice. (2) Entribe an applicant or an opposition leader the fee due for the decision on a request for a variety authorisation or an appeal does not apply, the application shall be deemed not to have been filed or the opposition shall be deemed not to have been filed if the fee is not paid within one month, after the Federal Office of the Federal Office of Germany has announced the fee decision, and thereby As a result of the sabre, pointed out. Unofficial table of contents

Section 46 Application for registration as a further breeder

If, in the case of Section 42 (2) (3), the variety is processed by further breeders or under their responsibility under the conditions mentioned there, each of these breeders may apply for their registration in the list of varieties as other breeders. § 42 (3) and (6), § § 43, 44 (1) to (3) and § 45 shall apply accordingly. Unofficial table of contents

§ 47 Variety list

(1) The varietal list shall be entered in the list of varieties after the indispentability of the plant variety authorisation has been entered into

1.

the species and variety denomination; if seed or propagating material of one variety is placed on the market in another Contracting State or State of the Union under another variety denomination, it shall also be noted,

2.

the characteristics of the characteristics which are important for distinctness; in the case of varieties whose plants are produced by crossing certain hereditary components, the reference thereto shall also be:

3.

the name and address

a)

the breeder,

b)

in the case of § 46 of the other breeders,

c)

the procedural representative,

4.

the date of commencement and termination of the plant variety authorisation and the termination reason,

5.

Conditions or a freeze,

6.

in the case of varieties whose plants are genetically modified organisms within the meaning of Section 3 (3) of the Gentechnikgesetz (Genetic Engineering Act), a reference to the circumstance of genetic modification,

7.

in the case of conservation varieties, the reference "conservation variety".

(2) If, in the case of section 35 (4), the variety denomination registered in the plant variety protection role is replaced by another or is granted for an approved variety under another variety denomination, this variety denomination shall be included in the following: (3) The registration of the established characteristics of the characteristics important for the distinguishability can be replaced by a reference to documents of the Federal Office of the Federal Office of the Federal Office of the Federal Office of the Environment. The registration may be changed in respect of the number and nature of the characteristics and the characteristics of those characteristics as established, where this is necessary in order to describe the variety with the descriptions of other varieties. (4) Changes in the person of a breeder or procedural representative shall be registered only if they have been proved. The registered breeder or procedural representative shall remain entitled and obliged to register the amendment in accordance with this Act. (5) The Federal Office of the Law of the Federal Office shall make known the entries. Unofficial table of contents

Section 48 Adoption of the conservation breeding

If a person has taken over the maintenance of a variety from a breeder registered in the list of varieties, he shall be registered as a breeder without re-examination of the variety. Unofficial table of contents

Section 49 Insight

(1) Everyone shall be free to inspect

1.

the list of varieties;

2.

the documents

a)

in accordance with § 47 (3) sentence 1,

b)

a request for a variety authorisation or registration as a further breeder,

c)

an entry in the list of varieties,

3.

the cultivation

a)

for the examination of a variety,

b)

for plant variety monitoring.

(2) In the case of varieties whose plants are produced by crossing certain hereditary components, the information on the hereditary components shall be excluded from the inspection at the request of the person who submitted the request for a variety of varieties. The application can only be made until the decision on the admission of a variety of varieties. Unofficial table of contents

§ 50 Sortenerhaltung

(1) Each registered breeder shall be granted the variety in a Contracting State in accordance with the principles of systematic conservation breeding. The maintenance of the maintenance can be carried out outside the Contracting States if the inspection is carried out by an official body recognised by the Office of the German Federal Office outside that territory. (2) The breeder has to do so in the course of the implementation of the Maintenance breeding records of the material used for the individual breeding generations or breeding stages and the method used. He has kept the records for six years. Unofficial table of contents

§ 50a Sortenerhaltung bei Rebvarieties

In the case of varieties of vine, each registered breeder shall be granted, in accordance with the provisions of § 50, any clone of the variety listed for him which is listed in the description of the list of varieties. Unofficial table of contents

Section 51 Amendment of the variety denomination

(1) A variety denomination registered in the authorisation of varietal is to be amended if:

1.

there has been a reason for the exclusion of registration pursuant to section 35 (2) or (3) of the registration, and

2.

an exclusion ground pursuant to section 35 (2) (5) or (6) has subsequently occurred;

3.

a contrary right is made credibly and the breeder agrees to the registration of another variety denomination,

4.

the breeder has been prohibited from using the variety denomination by means of a final decision; or

5.

the use of the variety denomination has been prohibited by a final decision pursuant to section 20 (1) of the application of the variety denomination and the breeder, acting as a secondary intervener, has been involved in the dispute or the breeder of the The dispute was proclaimed unless he was prevented from exercising his rights by one of the circumstances referred to in § 68, second half-sentence of the Code of Civil Procedure.

In the event of a change in the variety denomination according to sentence 1 No. 1, there is no right to compensation for an asset disadvantage pursuant to § 48 (3) of the Administrative Procedure Act. (2) The Federal Office of the Federal Office for the Custody of the Federal Government shall, if the existence of a The reason for the amendment referred to in paragraph 1 shall be that the breeder shall specify a different variety denomination within a specified period. After fruitless expiry of the period, a variety denomination may be fixed on its own account. At the request of the breeder or a third party, the Federal Office of the Federal Office shall establish a variety denomination if the applicant makes a legitimate interest in a credible interest. § § 43 and 47 (1) and (5) shall apply mutas to the fixing of the other variety denomination and its contract notice. Unofficial table of contents

Section 52 Termination of Plant Variety

(1) Sortenzulassung erlischt if the registered breeder or, if several breeders are registered, all these breeders give up in writing to the Bundessortenamt. (2) The sortenzulassung is to take back, if it results, that the variety was indistinguishable in the case of authorisation and that another decision is not possible. There is no right to compensation for an asset disadvantage pursuant to section 48 (3) of the Administrative Procedure Act. A withdrawal for other reasons is not allowed. (3) The variety of the variety is to be revoked if it appears that the variety is not homogeneous or not stable. (4) In addition, the variety approval may only be revoked if:

1.

the variety no longer has a national cultural value,

2.

it is a variety pursuant to section 30 (2) sentence 1 no. 4 or (5) or (6), the conditions mentioned there are not necessary, and in the case of § 30 para. 2 sentence 1 no. 4, another decision is not possible,

3.

the Federal Republic of Germany is authorized, in accordance with Articles 15 or 19 of Directive 70 /457/EEC or in accordance with Articles 16 or 18 of Directive 70 /458/EEC, to prohibit the use of the variety throughout the territory of the Federal Republic of Germany, or in its parts,

4.

the marketing authorisation has been renewed and the growing and market significance of the variety no longer justifies the authorisation;

5.

is linked to the authorisation or renewal of the variety, and the breeder has not, or has not fulfilled, within a time limit laid down by the breeder,

6.

the breeder has not fulfilled the obligation to maintain the variety in accordance with Section 50 (1) despite the warning,

7.

the breeder has failed to comply with a request pursuant to section 51 (2) for the indication of another variety denomination,

8.

the breeder has not fulfilled an obligation with regard to the monitoring of the variety, despite the reminder, by means of a legal regulation pursuant to Section 53 (1), or

9.

the breeder has not paid any overdue monitoring fees within a grace period.

(5) In order to register a further breeder, paragraphs 3 and 4 (5), (6), (8) and (9) shall apply mutagenly. (6) The Office of the Federal Office of the Federal Office of the Federal Government may provide for the recognition and placing on the market of seed or propagating material of the variety. for commercial purposes not later than 30 June of the third year following the termination of the plant variety authorisation. Unofficial table of contents

Section 53 authorization to adopt procedural rules

The Federal Ministry of Food and Agriculture is authorized by law, which does not require the approval of the Federal Council,

1.

rules out the details of the procedure before the Office of the Federal Office of Germany, including the selection of the distinguishing features, the determination of the scope of the audit and the monitoring of the variety,

2.

in so far as it is necessary, in order to ensure proper testing, to require the applicant to provide, in the case of certain species, the results of certain tests which give an indication of the characteristics of the variety;

3.

to determine the sheet for announcements of the Federal Office of the Federal Office.

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Section 54 Fees and charges

(1) The Federal Office of the Federal Republic of Germany charges fees and charges for its individual public services under this Act and for the examination of varieties at the request of foreign or supranational bodies. (2) The Federal Ministry of Economics and Social Affairs Food and agriculture is authorized, in agreement with the Federal Ministries of Finance and Economic Affairs and Energy, by means of a regulation which does not require the approval of the Federal Council, the chargeable facts and the to determine the rates and to provide for fixed rates or framework rates, and The date of creation and the levying of charges shall be settled. The importance, economic value or other benefits of individually attributable public service, including for breeding and the general public, should be taken into account appropriately. The costs to be reimbured may be regulated by way of derogation from the Federal Fee Act. The legal regulation may provide that fees for the supervision of a variety shall not be levied to the extent that an annual fee is levied for the variety in accordance with Section 33 (1) of the Plant Variety Protection Act. (3) By special fee regulation of the Federal Ministry of Food and Agriculture according to Article 22 (4) of the Federal Law on Fees, the Federal Administration Office may, by way of derogation from the provisions of the Federal Law on Fees, be responsible for the administration of the Federal Administration of Fees and the Collection of Fees. (4) In the case of fees for the examination of a variety or another No reduction is granted in accordance with Section 15 (2) of the Administrative Costs Act in the version in force until 14 August 2013. (5) Has a contradiction success, and for the negative decision on a request for a variety authorisation, no reduction is granted in accordance with Section 15 (2) of the Administrative Costs Act. the opposition fee shall be reimbursed. In the event of partial success, the opposition fee shall be reimbursed to a corresponding part. However, the refund may not be wholly or partially reimbursed if the decision is based on facts which could have been claimed or proved earlier. Sentences 1 to 3 shall apply in accordance with the opposition procedure. There is no right to a refund of costs pursuant to § 80 of the Administrative Procedure Act.

Subsection 4
Varieties registered in other Contracting States

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§ 55

(1) The Bundessortenamt makes known the varieties,

1.

published in one of the common catalogues of varieties, or in the case of vine varieties, in a list of another Contracting State which corresponds to the list of varieties, provided that the Federal Republic of Germany does not act on the basis of acts of , the European Community or the European Union is authorised to prohibit the marketing of seed or propagating material of that variety for the whole of Germany, or

2.

for which, after the end of the publication referred to in point 1, an expiry date has been fixed in another Contracting State for the marketing of seed or propagating material and in one of the common catalogues of varieties or in the case of vine varieties is also published in a list corresponding to the list of varieties of another Contracting State.

The notice may be limited to a reference to the publications of the common catalogues of varieties in the Official Journal of the European Communities. (2) Seeds of varieties,

1.

which are registered in a list of another Contracting State corresponding to the list of varieties,

2.

for which the Federal Office of the Union has established that there are documents which enable the same information to be obtained for the recognition and verification, as in the case of approved varieties, and

3.

in which

a)

the conditions laid down in paragraph 1 are met;

b)

the maintenance of the land is carried out domestiy;

can be recognised. Seed of varieties in accordance with the first sentence, in which none of the conditions laid down in the first sentence of the first sentence of paragraph 3 is present, may be recognised if it satisfies the conditions set out in Article 10 (1). The Federal Office of the Federal Office of Germany shall make known the varieties for which it has been determined in accordance with the first sentence of paragraph 1. In the case of vine varieties, the recognition referred to in the first sentence may refer to the planting material of each clone of a variety as set out in the first sentence of the first sentence of the first sentence of the first sentence of paragraph 1, which shall be approved for recognition Sentences 1 and 3 shall apply to propagating material of fruit varieties.

Section 3
Other tasks of the Bundessortenamtes

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§ 56 Descriptive List of Plant Variants

(1) The Bundessortenamt shall publish a descriptive list of the approved varieties (descriptive list of varieties). Varieties may also be included in the Descriptive List of Plant Variants, which shall:

1.

are published in one of the Joint Plant Variety Cataloges,

2.

have been sufficiently detailed within the meaning of Article 3a (1) sentence 1 (2) (b), or

3.

belong to a species which is not listed in the list of species, in so far as this is in view of the importance of the transport of seed or propagating material of varieties or groups of plants of this type in order to promote the production of high-quality products plant-based products or for the conservation of plant genetic resources is appropriate and the Office of the Federal Office may obtain the necessary information.

(1a) In the case of varieties of vine, all clones of the approved variety whose plants are to be produced with the aim of recognition shall be listed in the description list. (2) The list of varieties shall be subject to the list of varieties of the approved variety which shall be produced in accordance with the objective of recognition. characteristics and characteristics, as well as the suitability of the varieties or plant groups for certain soil and climatic conditions or uses. (3) In the description of the list of varieties, examination results may be obtained from other official bodies and Experience gained from cultivation in practice will be exploited. The Federal Office of the Federal Office of the German Federal Government is able to carry out special tests and cultivation tests for the tender list of varieties. (4) In the case of varieties whose plants are genetically modified organisms within the meaning of § 3 (3) of the Gentechnikgesetz (Genetic Engineering Act), List of varieties to mention the circumstance of genetic modification. Unofficial table of contents

Section 57 Examination of varietal authenticity in special cases

In so far as the plant variety is a condition for the placing on the market of plants or parts of plants on the basis of legal provisions other than those listed in the list of species to this Act, the Office of the Federal Office may, upon request, of a body responsible for the monitoring of the plant variety rights.

Section 4
Proceedings in court, obligation to provide information, transmission of data and fine rules

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Section 58 Exclusion of appeal

If a decision has been taken in the preliminary proceedings of the Opposition Committee, the appeal against the judgment of the Administrative Court is excluded. Unofficial table of contents

§ 59 Information to be provided

(1) Natural and legal persons and non-legal persons ' associations shall, on request, provide the competent authority with the information necessary for the implementation of that law by that law or by reason of this law (2) Persons responsible for the tasks of the competent authority may, within the framework of paragraph 1, be subject to land, business premises, premises and means of transport of the party responsible for providing the information during the business and Enter the operating time and there

1.

make visits,

2.

Take samples against a receipt and

3.

business documents.

The party responsible for providing information shall have the right to support the persons responsible for the monitoring and to submit the business documents. In the case of samples which are drawn within the framework of the control of the seed traffic, reasonable compensation shall be provided on request, unless the free release is economically reasonable. (3) The person responsible for the information may provide the information refuse to answer any such questions, the answers to which he himself or one of the members of the civil procedure referred to in Article 383 (1) (1) to (3) of the Code of Civil Procedure is liable to prosecution or to proceedings under the law on It would be subject to misalignment. Unofficial table of contents

Section 59a Transmission of data

(1) The competent authorities may, in so far as it is necessary to protect the consumer or be required by acts of the European Community or the European Union, data obtained in the implementation of this law the competent authorities of other countries, the federal or other Member States, and the European Commission. (2) Transport with the competent authorities of other Member States and the European Commission is responsible for the Federal Ministry of Food and Agriculture, insofar as this law does not include any other Regulation meets. This power can be transferred to the Federal Institute for Agriculture and Food, or the Federal Office for Food and Agriculture without the consent of the Federal Council. In addition, this power may be transferred to the competent national competent authorities by means of a regulation with the consent of the Federal Council. The supreme state authorities may delegate the power to other authorities in accordance with the third sentence. Unofficial table of contents

§ 60 Administrative Offences

(1) Contrary to the law, those who intentionally or negligently act

1.

against

a)

§ 3 (1), first sentence, no. 1 to 5 or 6, also in conjunction with a legal regulation pursuant to § 3 (3) (1),

b)

§ 3 (1) sentence 2 No. 1 in conjunction with a regulation pursuant to § 5 (1) (1) (b), § 5 (2) No. 1, § 11 (1), 2 or 3 (2) or § 25, also in conjunction with a legal regulation pursuant to § 3 (3) no. 1,

c)

Section 3 (1), second sentence, no. 2, also in conjunction with a legal regulation pursuant to paragraph 3 (1), or

d)

§ 3 (1) sentence 2 no. 3 in conjunction with a regulation pursuant to § 26 sentence 1, also in conjunction with a legal regulation pursuant to § 3 para. 3 no. 1,

Placing seeds on the market,

1a.

, contrary to § 3 (1) sentence 3, there is no indication or is not correct,

2.

a fully-fledgable edition in accordance with § 3 (2) sentence 2,

3.

a legal regulation pursuant to § 3 (4), § 3a (2) (1) or (2) (a), § 3b (2), § 5 (1) (4) (b), (14a), § 14b (2), § 15a (2) sentence 1, § 17, § 19 (3), § 19a or § 22a sentence 1, or a fully-enforceable arrangement on grounds of is contrary to such a regulation, in so far as the regulation refers to that fine for a certain amount of the offence,

3a.

Contrary to Article 3a (1), propagating material is placed on the market,

3b.

Contrary to Article 3b (1), a copy of the contract is not presented or not presented in good time,

3c.

of a fully-fledgable edition which

a)

with a permit pursuant to § 6, also in connection with § 13 para. 1 sentence 3 or § 18 paragraph 2, also in conjunction with § 18 para. 3,

b)

with a permit issued pursuant to Section 11 (3) pursuant to a regulation of the law, in so far as the regulation refers to this fine law for a certain amount of the offence,

c)

with the recognition or approval of seed or propagating material, or

d)

with the authorisation of varietal or its renewal

is connected,

4.

Contrary to § § 8, 12 para. 2, 3 or 4 no. 1, § 13 para. 3, § 27 para. 1 no. 2 in connection with a legal regulation pursuant to § 27 para. 3 or § 50 para. 2 records not, not correct or not complete, or the records or supporting documents not kept,

5.

Contrary to Section 12 (4) no. 2, a sample is not drawn or not stored,

6.

In contrast to a fully-enforceable arrangement according to § 12 para. 6, standard seed is placed on the market,

7.

, contrary to § 15 (1) or 3 sentence 1 of the seed, or contrary to § 15a (1) of the propagating material,

8.

Contrary to the first sentence of Article 20 (1), seed or contrary to sentence 2 of propagating material belonging to a variety shall be placed on the market if the variety denomination does not, not in the prescribed manner or in contravention of § 3a (1) sentence 1 no. 2 Point (b) in conjunction with section 35 (2), no. 1, 3, 5 or 6,

9.

, in accordance with section 21, paragraph 1, in conjunction with paragraph 2 or a legal regulation pursuant to section 22 (1) or (3) of the seed, or placing on the market, which is not properly packaged or marked,

10.

Contrary to Article 23 (1) of the seed or propagating material, under a misleading description, indication or presentation or contrary to § 23 (2), harvested material under a designation, indication or presentation, which can be used as a seed to be used in the Transport,

11.

, contrary to § 27 (1) no. 1, an advertisement is not refundable or is not

12.

Contrary to § 59 (1), no information is provided, is not given right or is not completely granted or contrary to § 59 (2) sentence 2, does not tolerate a monitoring measure, does not support a person responsible for monitoring or does not submit documents or documents

13.

in the recognition or authorisation procedure, in the case of the examination of the variety or the monitoring of the plant variety, if the seed or the wrong propagating material is presented for examination, can be taken out or sent.

(2) In the cases referred to in paragraph 1 (1), (2) to (3a), (3c), (6), (7), (10) and (13), the administrative offence may have a fine of up to twenty-five thousand euros, in the cases referred to in paragraph 1 (1a), (3b), (4), (5), (8), (9), (11) and (12), with a fine of up to five thousand (3) Seed, propagating material or harvested material, to which an administrative offence referred to in paragraph 1 (1), (2) to (3c), (6) to (10) or (13) relates, may be drawn up. (4) Administrative authority within the meaning of Section 36 (1) (1) of the Act is in breach of order

1.

the Federal Office of the Environment in the cases

a)

paragraph 1 (2) and (3c) (d),

b)

, paragraph 1 (4), in so far as the administrative offence relates to an infringement of Article 50 (2), and

c)

, paragraph 1 (12) and (13), in so far as the offence has been committed against him;

2.

The Federal Institute for Agriculture and Food in the cases

a)

, paragraph 1 (3c) (a), in so far as the administrative offence relates to a requirement relating to an authorisation pursuant to section 18 (2) or (3),

b)

Paragraph 1 (3), in so far as the administrative offence relates to an infringement of a legal regulation pursuant to Section 15a (2), Article 19 (3) or in cases of importation pursuant to Section 22a sentence 1,

c)

Paragraph 1 (7),

d)

, paragraph 1 (9), in so far as the offence has been committed on importation, and

e)

of paragraph 1 (12), in so far as the offence has been committed against it.

Section 5
Final provisions

Unofficial table of contents

Section 61 Implementation of provisions of the European Community or of the European Union

The legal regulations referred to in Sections 1 and 2 may also be adopted for the implementation of acts of the European Community or of the European Union relating to the marketing of seed or propagating material. Unofficial table of contents

Section 61a Special arrangements for Rebenherngut

§ 3 (1) sentence 1 no. 6 and 8 and subsection 2 sentence 1 no. 1, § 4 para. 2 and 3 sentence 1, § 10 para. 2 no. 1, § 15 para. 1 sentence 3 and § 16 para. 1 sentence 1 no. 1 shall not apply to States Parties which are not Member States of the European Union to Plants of Rebe including rods and slide parts. The Federal Ministry of Food and Agriculture is authorized, with the consent of the Federal Council, to extend the application of the provisions of the first sentence to the said Contracting States by means of the law of the Federal Republic of Germany if the legislation of the European Community or the European Union on the marketing of the vegetative propagation material of vines for the said Contracting States. Unofficial table of contents

Section 61b Announcement of legal regulations

By way of derogation from § 2 (1) of the German Federal Gazette (Federal Gazette), legal orders under this Act may be announced. Unofficial table of contents

Section 62 Transitional provision

(1) The list of varieties in accordance with the Seed Transport Act, as amended by the Notice of 23 June 1975 (BGBl. I p. 1453) shall be continued in accordance with this Act. Previously registered varieties shall be considered as approved varieties within the meaning of this Act. (2) The Federal Ministry of Food and Agriculture shall be authorized, in so far as it is compatible with the protection of the consumer, by means of a legal regulation with the consent of The Federal Council must provide for the approval of certain varieties of fruit and vegetables by way of derogation from § 30 (1), provided that propagating material of the variety has been placed on the market for commercial purposes before 1 January 1993 and provided that the Federal Office of the Federal Office of the Federal Republic of Germany Variety description is available. Authorisations for varieties of vegetables shall end at the latest on 30 June 1998 for varieties of vegetables, at the latest by 30 June 2000 for varieties of vegetables. The authorisations may be extended in accordance with Section 36 (2). Unofficial table of contents

§ 62a

(dropped) Unofficial table of contents

§ 63

(Entry into force)