Amendments To The Cabinet Of 15 April 2003, Regulations No. 182 "catalogue Of Plant Varieties Regulations"

Original Language Title: Grozījumi Ministru kabineta 2003.gada 15.aprīļa noteikumos Nr.182 "Latvijas augu šķirņu kataloga nolikums"

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/114711

Cabinet of Ministers Regulations No. 600 in Riga, 16 august 2005 (pr. No 46 20) amendments to the Cabinet of 15 April 2003, regulations No. 182 "catalogue of plant varieties regulations" Issued in accordance with the law of the movement of the Seed article 2 1, point "b" section to make the Cabinet of 15 April 2003, regulations No. 182 "catalogue of plant varieties regulations" (Latvian journal, 2003, 60 no) the following amendments: 1. Express 3, 4 and 5 of paragraph by the following: ' 3. The application for entry in the catalogue of the variety (annex 1) national plant protection services (hereinafter application) shall be filed with : 3.1 the following time limits: 3.1.1. about the inclusion of the summer – up to 1 March; 3.1.2. the inclusion of the field-to 10 July; 3.2. one of the following persons: 3.2.1. breeder; 3.2.2. the breeder's rights holder-natural or legal persons who have acquired the right of the breeder; 3.2.3. Sustainer of the variety-the natural or legal person who provides for the maintenance of the variety; 3.2.4. the breeder, the breeder of the variety of the right holder or the authorized representative (hereinafter referred to as the representative of the variety). 4. If a State plant protection service receives the application on the variety of evaluation of economic characteristics (annex 2), it may re-evaluate the economic characteristics of the variety in the variety, the catalogue as well as varieties that are not intended for inclusion in the directory. 5. the application shall be accompanied by the following documents: 5.1 the authorisation, if the application is lodged by the representative of the variety; 5.2. in accordance with the guidelines set out in annex 3 of the breed made a difference, uniformity and stability tests (referred to as the variety test) report (annex 4) and breed description (annex 5), if a breed test has been carried out; 5.3. a technical description of the variety, if the test is not carried out the variety; 5.4. evidence of payment of the consideration of the application. " 2. Make point 7 by the following: "7. If the application is filled out completely and submitted these provisions of the acts referred to in paragraph 5, the State plant protection service within 10 working days of the receipt of the application, examine, verify the information provided and recorded as follows: 7.1 made its mark on the application for registration. 7.2. entry submission log, indicating the date of registration of the application number, the name of the species and variety, the applicant's name or the name of the authorized representative name or name, surname; 7.3. shall inform the applicant for the registration of the application. " 3. To supplement the provisions under 7.1, 7.2 and 7.3 of the paragraph by the following: "7.1 if the application is not fully completed or not applied this provision in paragraph 5 the following documents, State plant protection service, the application does not register and justify the refusal in writing, as well as to require the applicant to 20 working days after the receipt of the refusal to submit a new application and the necessary documents. 7.2 If the applicant by the end of the statutory period, no avoiding the rule referred to in paragraph 7.1, the national plant protection service application rejected. 7.3 If the application for entry in the catalogue summer is registered after March 1, but on the field-after July 10, the economic characteristics of the varieties evaluated next year. " 4. Express 8.1. subparagraph by the following: ' 8. If necessary, organise and carry out variety tests; ". 5. Express 9, 10, 11 and 12 points by the following: "9. where the applicant has indicated that the need to perform a variety of tests: he presented State 9.1 plant protection service of the application on the summer-to 20 November, on the field-until July 31; 9.2. the national plant protection service organizes and performs the variety test in accordance with the guidelines set out in annex 3 (if the test is carried out the variety in Latvia) or provide the test carried out in accordance with the International Union for the protection of new varieties of plants (hereinafter referred to as the UPOV) the requirements laid down in the Member States (where varieties test is carried out in another country) in the following order: 9.2.1. bilateral agreements concluded with a variety of institutions in carrying out the test; 9.2.2.20 working days, inform the applicant of the breed and the test conditions and issue these rules 9.2.3, and 9.2.4. referred to in documents; 9.2.3. varieties of the test after the receipt of the notification of the national plant protection services in the bilateral agreement with the switch of breed applicant test; 9.2.4. the applicant variety testing body shall submit the application (presented to the authorities concerned form) and the variety description to the technical questionnaire. 9.2.5. the applicant sends the basic seed of the categories of seed varieties to the institution of the test and the identical seed State plant protection service; 9.2.6. the applicant breed test institution together with the seed sends the following supporting documents: 9.2.6.1. note. Note: 9.2.6.1.1 crop and varietal nosa. Kuma or temporary name; 9.2.6.1.2. seed or planting material quantity in kilograms; 9.2.6.1.3. seed or planting material; 9.2.6.1.4. country of origin of the seed; 9.2.6.1.5. information about the seed delivery objectives and satisfy you; 9.2.6.2. for seed quality certificate (for example, 1000 seed weight, germination capacity); 9.2.6.3. the phytosanitary certificate. Filling the potato plant material, in addition to phytosanitary certificates indicate that: 9.2.6.3.1. Potato tubers (Solanum tuberosum l.) are free from Phoma exigua var. Foveat, Ditylench in the destructor, Clavibacter michiganensis SSP. sepedonicus, Ralstonia solanacearum, Synchytrium endobioticum, Globodera rostochienc; 9.2.6.3.2. Potato tubers originating from territory that is free from Clavibacter michiganensis ssp. Sepedonicus, Ralstonia solanacearum, Synchytrium endobioticum, Meloidogyne Meloidogyne fallax, chitwood; 9.2.6.3.3. Potato tubers originating from plant material that is free of viruses, which are not present in Europe,-Non-European viruses-potato stolbur phytoplasm, potato-tuber viroid 3, Clavibacter michiganensis ssp. Sepedonicus, Ralstonia solanacearum. 10. varieties during the test the national plant protection service require the relevant Latvian or other public institution: 10.1 after the test-first year and after the interim test-final results of the second year. Variety testing authority shall draw up a report on the preliminary result (free-form) and send it (two copies) to the national plant protection service; 10.2. the report (in duplicate) of the final result (positive or negative-according to the UPOV requirements); 10.3. the variety description (according to the UPOV requirements) if the result is positive (two copies). 11. the national plant protection services in 10 working days, send to the applicant, those provisions 10.1 10.2 and 10.3 referred to in documents (one copy), as well as after the completion of the test varieties require the original varieties of seed. 12. If the applicant in the application indicated that the varietal test was performed in another State, the national plant protection services in the month after the rule 10.2 and 10.3 of the receipt referred to: 12.1. shall decide on other country made the recognition of test results under such other country do the breed recognition of the test results criteria: 12.1.1. breed test has been carried out in the Member States of UPOV the variety of institutions in carrying out the test, to include a variety of different plants in the catalogue or the breeder's rights granted in another country; 12.1.2. breed test has been carried out in the Member States of UPOV the variety of institutions in carrying out the test for the granting of a breeder's right to the territory of the European Union; 12.1.3. breed test has been carried out in the Member States of UPOV the variety of institutions in carrying out the test, in which similar agro climatic conditions do not differ dramatically from the Latvian conditions; 12.2. as well as the rules referred to in point 12.1. bottom of the decision requires the original variety seed. " 6. To express the following in paragraph 14: "14. On application of registration of the national plant protection service organizes the breed characteristics of economic evaluation in the following order: 14.1. include a variety of economic characteristics of varieties evaluation plan; 14.2. the applicant and the person who evaluates the economic characteristics of the variety (performer), the agreement on the economic characteristics of the variety; 14.3. the contract concluded with the applicant prepares the annual memorandum of understanding on economic evaluation of the characteristics of the varieties: 14.3.1. the minutes shall indicate the species, the breed, the breed characteristics of economic assessment site, the required quantity of seed, the seed delivery arrangements and payment for the economic evaluation of the characteristics of the variety; 14.3.2. a mutually signed the Protocol: 14.3.2.1. the summer and fodder plant species – up to 5 March; 14.3.2.2. for winter crops-to 15 July; 14.4. approve the annual plant variety evaluation trials in the field plan: 14.4.1. summer cereal and fodder plant species – up to 10 March; 14.4.2. the field-until July 20; 14.5. determine the economic characteristics of the variety of site assessment field trials; 14.6. based on the approved varieties of economic characteristics of the evaluation plan, drawn up jointly with the performers agreed protocol for the evaluation of economic characteristics of varieties: 14.6.1. the minutes shall indicate the species, the breed, the breed was commenced the evaluation of economic characteristics, breed, breeder, representative of the country in which the variety was bred, and payment for the economic evaluation of the characteristics of the variety; 14.6.2. Protocol mutually. signature: on summer and 14.6.2.1 fodder plant species-and 15 March; 14.6.2.2.-up to 25 for the winter crops, July; 14.7. organize seed distribution to the economic evaluation of the characteristics of the variety; 14.8. determine the body which will carry out chemical technological analysis according to the characteristics of a plant variety right economic evaluation methodology; 9.3. the control of the economic characteristics of the varieties and chemical technological analysis according to the characteristics of a plant variety right economic evaluation methodology; 14.10. organizes the sample delivery; 14.11. accept and evaluate the annual reports on the economic evaluation of the characteristics of the variety. Reviews performer in two weeks time after harvesting of each species, be submitted to the national plant protection service; 14.12. mathematical data processing; 14.13. until March 1 next year of edition of "plant variety evaluation of economic characteristics" published the results of the economic evaluation of the characteristics of varieties. " 7. Supplement with 14.1 and 14.2 points in this version: "the applicant sends the public 14.1, plant protection services to seed the following periods of time: 14.1 1. summer and fodder plant species-to the sowing of 20 March; 14.1 2. winter rape-by sowing on 5 august; 14.1 3. field crops-up sowing on 1 September. 14.2 varieties assessed the economic characteristics, subject to the following conditions: 1. summer cereal 14.2, the marketing of fodder plant annuals, plant oil, fibre, potatoes and beet varieties-for three years. If the results are conclusive, the variety can recommend for inclusion in the catalog after two years; 14.2 2. winter crops of cereal varieties-three years; 14.2 3. perennial fodder plant varieties-four years. Changes in the ģinājum field in the media two times-first and second year. " 8. Make 20 and 21 by the following: 20. If the name of the variety considered inappropriate, State plant protection service requires that the applicant provide a proposal for the new name. The new name of the variety, you can specify in combination with its previous name. 21. Where varieties and economic characteristics of the test results are positive, the proposed name of the variety meets the requirements set out in these provisions and the national plant variety Board made the proposal to include the variety catalogue, national plant protection services in 10 working days, decide on the inclusion of the varieties catalog. " 9. Delete paragraph 22. 10. Replace paragraph 24, the words "inbred line" with the word "inbred lines". 11. Make 25 as follows: "25. catalog indicates the variety targeted indicators, for example: 25.1. varieties utilization method; 25.2. the bread baking quality; 25.3. potato varieties: 25.3.1. resistance to potato cyst nematode, indicating the patotip, against which the variety has been durable. The potato variety is recognized as resistant to the potato cyst nematode patotip if raising that variety is grown, a natural and annual decrease in the population of patotip; 25.3.2. resistance to potato wart, pointing of potato wart race, against which the variety has been durable. The potato variety is recognized as strong against a particular race of Synchytrium endobioticum when it reacts to contamination by pathogens that race in such a way that there is no secondary infection; 25.4. the type of variety. " 12. Delete paragraph 27. 13. Add to paragraph 28 in the second sentence by the following: "this time limit may be disregarded if the variety for plant genetic resources preservation. " 14. To supplement the provisions of the following paragraph below 19.0: "19.0. each year, before 31 January prepays for the maintenance of the variety." 15. Make the paragraph 32 as follows: "32. at the national plant variety Board proposal for the national plant protection service shall decide on the rules referred to in paragraph 2, the extension of the deadline." 16. Make 38 as follows: "38. the national plant variety Board proposal for the national plant protection service shall decide on the exclusion of variety." 17. Make 40 and 41 the following: "40. Application documents annexed thereto, as well as a variety of reasons the catalogue of the national plant protection service shall be kept for a period of five years after the removal of the variety concerned. 41. the national plant protection services in every year until 1 March, 15 May and 15 December shall be published in the newspaper "journal" and "plant variety" newsletter: 25.5. on registered and rejected applications: plant species 41.1.1. Latin name and the Latvian language; 41.1.2. log the name of the variety or the temporary designation; 41.1.3. application number and date of registration; 41.1.4. applicant, breed and breed representative maintainer name (natural persons) or name (for legal entities); 41.1.5. If the application is rejected, the rejection date;- 41.2. the consideration of the application during the logon name of the variety of the plant species in other sectors: 41.2.1. Latin name and the Latvian language; 41.2.2. log the name of the variety and the previous name of the variety or the temporary designation; 41.2.3. the application number; 41.2.4. applicant, breed and breed representative maintainer name (natural persons) or name (for legal entities); 41.3. as the holder of a breeder, breed and breed representative maintainer change 41.3.1. plant species: the Latin name and the Latvian language; 41.3.2. varieties applied for or registered name; 41.3.3. application registration number; 41.3.4. previous right holder, of the breeder of the variety and the variety of representatives of the first name and last name (natural persons) or name (for legal entities); 41.3.5. the new breeder's varieties of the right holder, the maintainer and the breed name and surname of the representative (natural persons) or name (for legal entities); 25.7. for entry in the catalogue of the variety: a plant species name 41.4.1. Latin and the Latvian language; 41.4.2. registered name of the variety; 41.4.3. a variety of maturity in the catalogue; 41.4.4. a variety of descriptive indicators; 41.4.5. country in which the variety was bred; 41.4.6. last year of protection of the variety; 41.4.7. the holder of a breeder, breed and breed representative maintainer name (natural persons) or name (for legal entities); 25.8. for variety from the directory: 41.5.1. plant species Latin name and the Latvian language; 41.5.2. the registered name of the variety; 41.5.3. the reason for deletion; 41.5.4. country in which the variety was bred; 41.5.5. the holder of a breeder, breed and breed representative maintainer name (natural persons) or name (for legal persons). " 18. Make the informative reference to European Union directives as follows: "Informative reference to European Union directives, the regulations include provisions resulting from: 1) of the Council of 13 June 2002 Directive 2002/55/EC on the marketing of vegetable seed; 2) Council 13 June 2002 Directive 2002/53/EC on the construction of lauksaimn plant on the common catalogue of varieties; 3) Commission of 6 October 2003 Directive 2003/90/EC laying down measures for the implementation of Council Directive 2002/53/EC in article 7 concerning mandatory signs and the mandatory nature of certain agricultural plant species test conditions; 4) Commission of 6 October 2003 Directive 2003/91/EC setting out implementing measures applying article 7 of Council Directive 2002/55/EC as regards the characteristics that you need to cover the check and the minimum conditions for different varieties of vegetable species for review. " 19. To supplement the provisions of the annex by the following: "1. the annex to Cabinet of 15 April 2003, the provisions of no. 182 20. Supplement with Annex 2 as follows:" annex 2 Cabinet of 15 April 2003 regulations No 182 21. To complement the provisions of annex 3 with the following: "3. the Cabinet of Ministers of 15 April 2003, the rules of 182 varieties test guidelines 1. Community plant variety Office guidelines : 1.1. sunflowers-Protocol TP-81/1 (31.10.2002); 1.2. the barley-Protocol TP-19/2 (06.01.2003); 1.3. rye-Protocol TP-58/1 (31.10.2002); 1.4. wheat-Protocol TP-3/3 (06.11.2003); 1.5. durum wheat-Protocol TP-120/2 (06.11.2003); 1.6. the corn-Protocol TP-2/2 (15.11.2001); 1.7. potatoes-Protocol TP-23/1 (27.03.2002.); 1.8. oats-Protocol TP-20/1 (06.11.2003); 1.9. rape-Protocol TP-36/1 (25.03.2004.); 1.10. pea-Protocol TP-7/1 (06.11.2003); 1.11. Triticale-Protocol TP-121/1 (06.11.2003); 1.12. Leek-Protocol TP/85/1 (15.11.2001); 1.13. asparagus-Protocol TP/130/1 (27.03.2002.); 1.14. cauliflower-Protocol TP/45/1 (15.11.2001); 1.15. Broccoli (sparģeļkāpost)-Protocol TP/151/1 (27.03.2002.); 1.16. rožkāpost (Brussels sprouts)-Protocol TP/54/1 (27.03.2002.); 1.17. curly kale (Savoy cabbage)-Protocol TP/48/1 (15.11.2001); 1.18. White cabbage-Protocol TP/48/1 (15.11.2001); 1.19. red cabbage-Protocol TP/48/1 (15.11.2001); 1.20. paprika (sweet peppers)-Protocol TP/76/1 (27.03.2002.); 1.21. Endive-Protocol TP/118/1 (27.03.2002.); 1.22. melons-Protocol TP/104/1 (27.03.2002.); 1.23. cucumber-Protocol TP/61/1 (27.03.2002.); 1.24. carrots-Protocol TP/48/1 (27.03.2002.); 1.25. lettuce-Protocol TP/13/1 (15.11.2001); 1.26. tomato-Protocol TP/44/2 (15.11.2001); 1.27. pea beans-Protocol TP/12/1 (15.11.2001); 1.28. the radishes-Protocol TP/64/1 (27.03.2002.); 1.29. spinach-Protocol TP/55/1 (27.03.2002.); 1.30. lettuce-Protocol TP/75/6 (27.03.2002.); 1.31. garlic-Protocol TP-162/1 (25.03.2004.); 1.32. fennel-Protocol TP-183/1 (25.03.2004.); 1.33. artichoke-Protocol TP-184/1 (25.03.2004.); 1.34. leaf chicory-TP-172/1 Protocol (25.03.2004.); 1.35. the root of chicory-TP 173/1-Protocol (25.03.2004.); 1.36. onions-Protocol TP-46/1 (25.03.2004.); 1.37., l.-marrow-Protocol TP-119/1 (25.03.2004.); 1.38. the kohlrabi-Protocol TP-65/1 (25.03.2004.). 2. the International Union for the protection of new varieties of plants guidelines: 2.1. fodder beet – guideline TG/150/3 (04.11.1994.); 2.2. the dog bent-guideline TG/30/6 (12.10.1990.); 2.3. White bent-guideline TG/30/6 (12.10.1990.); 2.4. creeping bent-guideline TG/30/6 (12.10.1990.); 2.5. Brown top-guideline TG/30/6 (12.10.1990.); 2.6. the guidelines of the Brome-TG/180/3 (04.04.2001); 2.7. Cocksfoot-guideline TG/31/8 (17.04.2002); 2.8. Tall Fescue-guideline TG/39/8 (17.04.2002); 2.9. sheep's Fescue-guideline TG/67/4 (12.11.1980.); 2.10. meadow Fescue-guideline TG/39/8 (17.04.2002); 2.11. Red Fescue-guideline TG/67/4 (12.11.1980.); 2.12. runner darnel-guideline TG/4/7 (12.10.1990.); 2.13. perennial ryegrass-guideline TG/4/7 (12.10.1990.); 2.14. "hybrid ryegrass-guideline TG/4/7 (12.10.1990.); 2.15. Timothy-TG/34/6 of the guidelines (07.11.1984); 2.16. meadow grass-guideline TG/33/6 (12.10.1990.); 2.17. White Lupin-guideline TG/66/4 (31.03.2004); 2.18. the blue Lupin-guideline TG/66/4 (31.03.2004); 2.19. yellow lupin-guideline TG/66/4 (31.03.2004); 2.20. Lucerne, Lucerne in the hybrid-guideline TG/6/4 (21.10.1988.); 2.21. Red clover-guideline TG/5/7 (04.04.2001); 2.22. white clover-guideline TG/38/7 (09.04.2003); 2.23. field beans-guideline TG/8/6 (17.04.2002); 2.24. the summer of 1914-guidance TG/32/6 (21.10.1988.); 2.25. fodder turnips-TG/89/6 of the guidelines (04.04.2001); 2.26. oil radish – guideline TG/178/3 (04.04.2001); guidelines of 2.27 turnip-TG/185/3 (17.04.2002); 2.28. safflower-guideline TG/134/3 (12.10.1990.); 2.29. flax guideline TG/57/6 (20.10.1995.); 2.30. the poppies-guideline TG/166/3 (24.03.1999.); 2.31. white mustard-guideline TG/179/3 (04.04.2001); 2.32. celery-guideline TG/82/4 (17.04.2002); 2.33. chard (chard)-guideline TG/106/4 (31.03.2004); 2.34. beetroot-guideline TG/60/6 (18.10.1996.); 2.35. Kale-guideline TG/90/6 (17.04.2002); 2.36. Peking cabbage (Chinese cabbage)-guideline TG/105/4 (09.04.2003); 2.37. turnip rape, guideline TG/37/-10 (04.04.2001); 2.38. Witloof chicory-TG/173/3 of the guidelines (05.04.2000.); 2.39. leaf chicory-TG/154/3 of the guidelines (18.10.1996.); 40. watermelon-guideline TG/142/4 (31.03.2004); 2.41. Arbutus pumpkins-guideline TG/155/3 (18.10.1996.); 2.42. parsley-guideline TG/136/4 (18.10.1991); 2.43. Runner Bean-guideline TG/9/5 (09.04.2003); 2.44 rhubarb-guideline TG/62/6 (24.03.1999.); 2.45. melnsakn (skorconēr)-guideline TG/116/3 (21.10.1988.); 2.46. Eggplant-guideline TG/117/4 (17.04.2002); 2.47. broad bean (broad bean)-guideline TG/206/1 (09.04.2003). " 22. To supplement the provisions of annex 4 by the following: "4. in the annex to Cabinet of 15 April 2003, the provisions of no. 182 varieties test report (according to the UPOV methodology) 1. Review Authority registration number 2. Applicant (name) 3. Request of registration number 4. A provisional designation for the variety submission date for the 5 varieties of the test in the country of applicant 6. Applicant (name and address) 7. Breed representative (name and address) 8. Botanical taxon Latin name English 9 botanical taxon name 10. Variety name 11. Breeder (name or name and address) 12. varieties test requesting authority 13. Breed testing authority (s) and location (s) in 14 varieties testing period 15. varieties test report the date and place of issue 16. Breed test results and opinion: (a) opinion on distinctness the variety-is clearly distinguishable from other varieties []-are not clearly distinguishable from all other varieties [] (b) opinion on the homogeneity of the breed, taking account of the specific features of its vegetative propagation in the generative or in -is sufficiently uniform []-not a sufficiently uniform [] (c) opinion on stability its main characteristics the variety is stable-[]-no stable [] 17. Notes. Signature Z.v. note. If the opinion is positive, this report is added to the description of the variety in the form of the annex. " 23. To supplement the provisions of annex 5 with the following: "5. the annex to Cabinet of 15 April 2003, the provisions of no. 182 description of the variety (UPOV methodology) 1. Description of the variety authority registration number the registration number of the applicant, 2.3. A provisional designation for the variety 4. Applicant (name and address) 5. Botanical taxon Latin name 6. Botanical taxon name in Latvian language 7.8. UPOV variety denomination methodology date and number 9. date of national methodologies and/or number 10. varieties test requesting authority 11. Breed testing authority (s) location (s) and 12. varieties testing period 13. Breed description date and place of issue 14. Group (if the sign is used in a grouping, it is marked with the letter l at the appropriate number) 15. species 16. UPOV the variety number national number sign, the degree of expression Ball notes 17. Similar varieties and differences: the denomination of Similar characteristics that-like breed different varieties Like the degree of expression of Kandidātšķirn expression of degree 18. more information : a) additional data; (b)) notes. The signature "Z.v.
Prime Minister Minister for Agriculture (A). Halloween-Minister for the environment r. vējonis