The Order In Which Organise Or Carry Out Variety Examination And Adopt A Decision On The Breed Recognition Of Test Results

Original Language Title: Kārtība, kādā organizē vai veic šķirnes pārbaudi un pieņem lēmumu par šķirnes pārbaudes rezultātu atzīšanu

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/132067

Cabinet of Ministers Regulations No. 243 in Riga, 28 March 2006 (pr. 17. § 24) the procedures for organizing or carrying out the examination of the variety and take a decision on the recognition of the result of the examination of the variety, issued under the plant variety protection act article 18, first subparagraph (I). The general question 1. determines the order in which the State plant protection service (hereinafter service) organised or performs a variety concerning the appraisal of its distinctness, uniformity and stability test (hereinafter referred to as the examination of the variety) and shall take a decision on the recognition of the result of the examination of the variety. II. Organization of the examination of the variety or the carrying out of Services 2 20 working days after the application for registration, inform the breeder or his authorized representative (hereinafter the applicant) for authority to make the breed test (hereinafter referred to as the authority). 3. Genetically modified varieties assay is performed only if the legislation on genetically modified organisms in contained use and deliberate release into the environment and market order is authorised genetically modified organisms deliberate release into the environment. 4. If the examination is being made of the variety in Latvia, the Department signed a contract with the applicant for the examination of the variety, including the following information: 4.1. crop species;
4.2. the name of the variety;
4.3. the time limit for transmission of the sample;
4.4. the sample size;
4.5. sample quality;
4.6. payment amount and payment arrangements for the examination of the variety;
4.7. the duration of the contract;
4.8. the property of the parties. 5. Service in accordance with the laws and regulations on procurement for State or municipal needs shall be concluded with the authority contract for variety verification. Variety testing is carried out in accordance with the regulations for a variety of inspection methodology. 6. If the examination of the variety Department organized in another State, it shall conclude a contract with the national authority. Variety testing in another country is carried out in accordance with national laws and regulations. 7. With the variety of costs to the extent laid down in the Treaty, shall be borne by the applicant. 8. The applicant shall submit a description of the variety of services the technical questionnaire (if not filed the application for the grant of the breeder) and sends a sample of propagating material to the authority, as well as an identical service, if the sample is sent to a sample of seed. 9. The applicant together with the model of the propagation material authority sends the following supporting documents: 9.1 note stating: 9.1.1 the plant species and the variety name or provisional designation;
9.1.2. propagating material quantity in kilograms or by number;
9.1.3. the value of the propagation material;
9.1.4. the propagation material of the country of origin;
9.1.5. information about the supply of propagating material objectives and conditions;
9.2. certificate of quality of seeds, plant passport or a phytosanitary certificate and permit according to regulations for seed production, seed, plant quarantine and trial or scientific purposes and for work on varietal selections of harmful organisms, plants, plant products and contact with them came the arrival of the items and the order. 10. during the examination of the variety Department requests the authority to report on intermediate outcomes (free-form in two copies). One copy of the message is sent to the applicant. 11. at the inspection service of the variety requires a review of the final results to the Authority (in duplicate). If the result is positive, the service also requires a description of the variety (two copies). 12. If the applicant sent the seeds look gu, after completion of the inspection service of the authority requesting the original varieties of seed. 13. the authority the results of the examination of the variety is used only with the consent of the applicant and of the service. III. the recognition of the result of the examination of the variety of service 14 months after the provision in the report referred to in paragraph 11 of the receipt: 14.1. evaluate the results of the compliance with the laws on the protection of plant varieties and varieties test methodology and shall take a decision on the recognition of the result of the examination of the variety;
14.2. the institution may be initiated after coordination with the applicant for the examination of the variety, where a decision has been taken not to recognise the results of the verification of the variety. 15. Service within 10 working days after this provision referred to in paragraph 14 of the decision it shall notify the applicant and shall send one of these rules referred to in paragraph 11 of document copies. 16. If the applicant submission indicated that breed check was carried out in another country, the service during the month following that rule referred to in paragraph 11 of document receipt shall take a decision on the other country pedigree made recognition of the test results in accordance with the following criteria: 16.1. verification of the variety has been made of the International Union for the protection of new varieties of plants (UPOV) the official body of the Member State to grant a breeder's rights in another country or in another country of the variety plant catalogue , or to give the breeder's rights in the territory of the European Union;
16.2. verification of the variety has been made the International Union for the protection of new varieties of plants (UPOV) Member State where similar agro climatic conditions in the country do not differ dramatically from the Latvian conditions. 17. If the Department decides to recognize different varieties conducted the test results, it requires an official body of the original propagation material of the variety, the GUI if the applicant sent a seed. 18. If the Service decides not to recognize the other country pedigree made the results of the inspection, the inspection by harmonization of the variety with the applicant organizes or conducts in accordance with the provisions of chapter II. IV. final question 19. Crop species, which are not defined in the methodology to a variety of laws and verification methodology for the entry into force of the examination of the variety applies the International Union for the protection of new varieties of plants (UPOV) guidelines to the relevant crop species. The Ministry of agriculture said the guidelines published in the Ministry's website on the internet. Prime Minister a. Halloween Minister of Agriculture m. rose